AGREEMENT ON GOVERNMENT PROCUREMENT
Notification of relevant information by parties is an important means to ensure the transparency and predictability of their procurement regimes. The Government Procurement Agreement (GPA) and various decisions by the GPA Committee set out parties' notification obligations in detail.
GPA parties are obliged to notify the GPA Committee of the following information:
- national implementing legislation on government procurement
- procurement thresholds in national currencies
- statistics on procurement activities
- modifications to schedules of commitments
- media for the publication of procurement-related information.
National implementing legislation
A decision of the GPA Committee on 4 June 1996 (contained in document GPA/1/Add.1) requires that each party to the Agreement submit the complete texts of their basic legislation on government procurement in the original language and a summary of this legislation and other relevant legislation in one of the official WTO languages to the WTO Secretariat. Parties are also required to notify the Committee of the contact details for a contact point for the purpose of providing copies of legislation requested by other parties. In addition, parties are required to provide responses to the checklist of issues regarding their national legislation and institutional arrangements.
Under the GPA, Parties are also required to notify any changes to its laws and regulations relevant to the GPA and in the administration of such laws and regulations (see Article XXII:5 of the Revised GPA and Article XXIV:5(b) of the GPA 1994). Annex A of Appendix 2 of the GPA Committee's Decision which contains the outcome of the renegotiation of the GPA (GPA/113) specifies in this regard:
Where a Party maintains officially designated electronic media that provide links to its current laws and regulations relevant to this Agreement and its laws and regulations are available in one of the WTO official languages, and such media are listed in Appendix II, the Party may fulfil the requirement in Article XXII:5 by notifying the Committee annually, at the end of the year, of any changes unless such changes are substantive, that is, they may affect the Party's obligations under the Agreement; and in such cases, a notification shall be made immediately.
Notifications received to date regarding GPA Parties' national legislation are available below.
- European Union
- Hong Kong, China
- Korea, Republic of
- Moldova, Republic of
- Netherlands with regard to Aruba
- New Zealand
- Chinese Taipei
- United States
Thresholds in national currencies
A decision of the GPA Committee of 27 February 1996 (see document GPA/1) requires that each party calculate and convert for itself the value of the thresholds contained in its coverage schedule into its own national currency, and notify to the Committee the method and result of their calculations. The thresholds expressed in national currencies are fixed for two years and the modalities for the notification are specified in the decision.
Notifications received to date are available at Thresholds in Appendix I of the Agreement as expressed in national currenciesback to top
Pursuant to Article XIX:5 of the GPA 1994, parties are obliged to collect and provide to the GPA Committee on an annual basis, statistics in relation to procurements undertaken by that party that are covered by the Agreement. Statistics to be provided include statistics on the number and estimated value of contracts awarded. Such statistics must be broken down by entity and categories of products and services. To the extent possible, statistics must also be provided on the country of origin of products and services purchased by a party's entities.
Under the revised GPA, relevant obligations are specified in Article XVI:4 and Article 6 of the revised text. A major difference is that, instead of notifying required data, parties may choose to notify their official websites addresses where their procurement statistics are published in a manner that is consistent with the requirement specified in Article XVI: 4.
Parties notifications on procurement statistics received to date are available below:
Modifications to schedules
Pursuant to Article XIX of the revised GPA and Article XXIV:6 of the GPA 1994, parties are obliged to notify the GPA Committee of any proposed rectification, transfer of an entity from one annex to another, withdrawal of an entity or other modifications of its coverage schedule. Parties affected by a proposed modification may notify the Committee of any objection to the proposed modification. These and other notifications related to the modification of schedules are restricted documents and accessible to the governments of GPA parties and observers only.back to top
Media for the publication of procurement-related information
Both the GPA 1994 and the revised GPA require that parties provide information on the media they use for the publication of procurement-related information, such as government procurement legislation, procurement notices, etc. The information is contained in various Appendices of the Agreement. The structure of appendices II-IV and the information provided thereunder is slightly different from in the two versions of the Agreement.
Under the revised GPA:
Electronic or paper media utilized by parties for the publication of laws, regulations, judicial decisions, administrative rulings of general application, standard contract clauses, and procedures regarding government procurement covered by the Agreement pursuant to Article VI of the revised GPA.
The above information provided by parties will be made available in loose-leaf schedules and the e-GPA portal.
Under the GPA 1994:
Publications utilized by Parties for the annual publication of information on permanent lists of qualified suppliers in the case of selective tendering procedures pursuant to Article IX:9 of the GPA 1994.
Publications utilized by Parties for the publication of laws, regulations, judicial decisions, administrative rulings of general application and any procedure regarding government procurement covered by the Agreement on Government Procurement pursuant to Article XIX:1 of the GPA 1994.