+45 60 70 37 20 klexander@gmail.com
Select Page

In order to ensure an open, fair and transparent playing field in government procurement, several WTO Members have negotiated the Agreement on Government Procurement (GPA). As a result, the first agreement on government procurement (the Tokyo Round Government Procurement Code) was signed in 1979 and entered into force in 1981. It was amended in 1987 and entered into force in 1988. The parties then conducted negotiations with a view to extending the scope and scope of the Agreement in parallel with the Uruguay Round. Finally, on 15 April 1994, a new Agreement on Government Procurement (GPA 1994) was signed in Marrakesh at the same time as the Agreement Establishing the WTO, which entered into force on 1 January 1996. The revised surrogacy, which was announced on the 6th. Entered into force in April 2014, is attracting increasing attention around the world, but the liberalisation of public procurement is not a completely new idea. Within the framework of the OECD, efforts have been made at an early stage to place government procurement within the framework of internationally agreed trade rules. The issue was then included in the GATT Tokyo Round of trade negotiations in 1976. The current signatories of this agreement (as of April 2014) are: Armenia, Canada, Chinese Taipei, the European Union – whose Member States are Austria, Belgium, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands (including Aruba), Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom – Hong Kong, Iceland, Ireland, Japan, Norway, South Korea, Liechtenstein, Singapore, Switzerland and the United States.

Any other government that is a member of the WTO may accede to this Agreement on the terms agreed between that government and the current signatories. To be covered by the GPA, public procurement must meet minimum value thresholds. These vary according to the type of contracting entity and the contract. The current thresholds can be found in the table of thresholds published by the WTO (off-site link). The GPA is a plurilateral agreement and applies only to WTO Members that have agreed to be bound by it. Under the Agreement, each signatory (usually referred to as the “Party”) sets out in a “coverage plan” which procurement activities are governed by the Agreement. A Contracting Party shall not be required to treat the goods, services and suppliers of other Contracting Parties, but not of non-Contracting Parties, in a non-discriminatory manner. Any enterprise from a signatory country wishing to sell goods or services covered by the GPA to a contracting entity from another signatory country listed in Annex I to the GPA may benefit from this Agreement. The World Trade Organization estimates that the value of government procurement opportunities covered by the agreement amounts to several hundred billion dollars per year. The Tender Review Body is a body created by the parties to enable suppliers to challenge irregular government tenders.

[5] These bodies are independent and strive to deal with each case promptly […].