The World Trade Organization (WTO) Agreement, commonly known as the GPA, establishes a framework for government procurement rights and obligations among WTO Members that have signed it. The signatories agreed that suppliers of goods and services in other signatory States will not be treated less favourably than domestic suppliers in the contracts covered by the agreement and that their laws, regulations and procedures relating to government procurement will be transparent and fair. International intergovernmental organizations are granted observer status in the GPA Committee Many procurement opportunities are also published electronically. 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 WTO Secretariat provides technical assistance to assist WTO Members in developing countries wishing to learn more about the GPA and/or join the GPA. Where candidate countries so wish and wish, other intergovernmental organisations (e.B regional development banks) or governance-oriented institutions may also provide technical assistance for accession to the GPA. Surrogacy applies to procurement by all contractual means, including purchase, leasing or leasing with or without a purchase option.
It applies to entities listed by each signatory country in Annex I (off-site link) to the agreement. Annex 1 to Appendix I lists the central government agencies covered, the sub-central government agencies in Annex 2 and the other entities in Annex 3. Yes. If you are having difficulty selling goods or services to a signatory government`s procurement companies because that government has not complied with this agreement, contact the U.S. Department of Commerce`s Trade Agreement Negotiations and Compliance Hotline. The Center can help you understand your rights under this Agreement and may notify the appropriate U.S. government officials to help you resolve your issue. The U.S. government may, if necessary, raise the specific facts of your situation with the government of the other affected country and ask officials of that government to review the matter. As a last resort, the U.S. government can rely on the WTO dispute settlement procedure. If a supplier believes that there has been a breach of this Agreement, it is encouraged to enter into consultations with the procuring entity in order to resolve the issue.
If such consultations lead to a satisfactory outcome, each signatory government is required to present non-discriminatory, timely, transparent and effective procedures that would allow suppliers to challenge alleged violations of the agreement. Suppliers may be asked to initiate a challenge procedure within a certain period of time (at least 10 days) from the date on which the basis of the complaint was known. Disputes must be heard before an impartial independent tribunal or oversight body that has no interest in the outcome of the contract. Challenge procedures must be completed „promptly“. 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. .