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2. Outline. General PrinciplesNew developments arising from the negotiations. 3. A. General principles. . 4. A1 GPA: Non Discrimination. Applies only to covered procurements Limited to Parties to the GPA For practical purposes, national treatment is key (role of MFN limited in the GPA)Require
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1. 1 THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT (GPA)The revision of the WTO GPA : The regulatory Part (New GPA Text- December 2006)
Elies Messaoudi – Tapei 11 June 2008
European Commission, Directorate General for Internal Market & Services
2. 2 Outline General Principles
New developments arising from the negotiations
3. 3 A. General principles
4. 4 A1 GPA: Non Discrimination
Applies only to covered procurements
Limited to Parties to the GPA
For practical purposes, national treatment is key (role of MFN limited in the GPA)
Requires treatment of other Parties’ products, services and suppliers that is “no less favorable than” that accorded to domestic products, services and suppliers.
Also requires non-discrimination against locally-based suppliers on the basis of foreign affiliation
5. 5 A2 GPA: Transparency and Competition
Transparency of government procurement regime
transparency of information
accessibility to public, interested suppliers
predictability of bidding environment
Effective competition
maximum competition; opportunities for new suppliers
use of appropriate procurement procedure
cost-effective bidding and procurement processes
transparency, objectivity, of evaluation criteria & process
6. 6 B. Main Developments arising from the revised text provisionally agreed in December 2006
7. 7 B1 new developments (1)
Restructuring of text the Agreement
to follow logical procurement process
new definition and scope
New provisions, flexibilities regarding
grounds for exclusions
choice of procurement procedure
procurement of commercial goods and services
technical specifications and tender documentation
Conditions for participation
requirement of relevant prior experience.... [new]
provision for registration systems [new]
multi-use lists (previously ‘permanent lists’)
8. 8 B2 new developments (2)
Use of electronic means, electronic auctions [new]
systems used to be ‘generally available’
mechanisms to ensure integrity, prevent inappropriate access
traceability of the conduct of the covered procurement
prior provision to participants of ‘automatic evaluation method’ (electronic auctions)
Time-periods – possible reduction:
when using electronic means [new]
when procuring commercial goods and services [new]
9. 9 B3 new developments (3) Developing countries
less than full reciprocity
Developing countries – transitional measures
prohibition of offsets: retention of exemption flexibility?
price preferences [new]
initial higher thresholds [new]
implementation periods [new]
10. 10 B4 new developments (4) Provisions on remedies
Provisions on modifications to coverage
Provision on Dispute settlement