實現和鎖定國內政府采購改革和善治以及對國內采購系統進行基準測試的有效工具.pdf

《實現和鎖定國內政府采購改革和善治以及對國內采購系統進行基準測試的有效工具.pdf》由會員分享，可在線閱讀，更多相關《實現和鎖定國內政府采購改革和善治以及對國內采購系統進行基準測試的有效工具.pdf（33頁珍藏版）》請在三個皮匠報告上搜索。

1、The WTOs Agreement on Government Procurement(GPA 2012):An effective tool for achieving and locking in domestic government procurement reform and good governance,and for benchmarking domestic procurement systemsGovernment Procurement and Competition Policy Group,IPD1Introduction23A plurilateral inter

2、national agreement The Agreement provides legal guarantees of non-discrimination for the goods,services and suppliers of GPA Parties in covered procurement activities,which are worth an estimated USD 1.7 trillion annually Not all WTO Members are Parties to the GPA 2012,but the membership increases o

3、ver time.The GPA 2012 is part of the WTO system and is enforceable under the DSU!WHAT IS THE GPA 2012?4The objectives of the GPA 2012 include the following:Exchange of reciprocal opportunities to access the GPA Parties procurement markets for the Parties goods,services and suppliers.The efficient an

4、d effective management of public resources in the procurement markets of each participating WTO Member,by achieving greater value for money through enhanced competition in those procurement markets.Strengthening good governance,including through transparency,avoidance of conflicts of interest and ac

5、countability mechanisms.Encouraging the accession of other WTO Members to the Agreement,on mutually advantageous terms.Increase in the number of Parties to the Agreement5Current GPA Parties and ObserversArt.XXII of the GPA 2012:“Any Member of the WTO may accede to this Agreement”.22 Parties covering

6、 49 WTO Members36 Observers,including Argentina,Brazil,China,India6Parties to the GPA 2012ArmeniaJapanNorth MacedoniaNorwayAustraliaKoreaSingaporeCanadaLiechtensteinSwitzerlandEU(+its 27 member States)MoldovaChinese TaipeiHong Kong,ChinaMontenegroUkraineIcelandNetherlands w.r.t.ArubaUnited KingdomIs

7、raelNew ZealandUnited StatesMembership has grown over time6 new Parties since the entry into force of the GPA 2012:Montenegro(2015),New Zealand(2015),Ukraine(2016),Moldova(2016),Australia(2019)+UK in its own right(2021),North Macedonia(2023).More developing countries have been joining.The most recen

8、t is North Macedonia.Geographical diversification7WTO Member participation in the GPA 2012:is it onlyexporting powerhouses?8In what way can the GPA 2012 help governments achieve and lock in domestic procurement reforms and good governance?910Keeping procurement marketsopen The GPA 2012 requires the

9、GPA Parties to open their markets(partially)and to keep them open even when there are pressures from the domestic industry to close them again.Only this way can governments hope to achievethe benefits of enhanced supplier competition(e.g.access to new products,higher quality,lower prices,etc.)Keepin

10、g procuring entities on the path of virtue11Enhancing transparency of rules and in procurement procedures12Publication of contractopportunities(including in a WTO official language)Publication of contract award notices(Article XVI:1 and 2)In case of limited tendering,publication of a report with jus

11、tificationsMaintenance of documents,reports and electronic traceabilityCollection of statistics(Article XVI:4)AIM:discourage discimination,enhance competition and integrity,achieve accountability of government procurement decision-makersRequiring impartiality and procedural fairnessProcuring entitie

12、s are required to conduct covered procurement in a transparent and impartial manner that avoids conflicts of interest;and prevents corrupt practices.A procuring entity shall receive,open and treat all tenders under procedures that guarantee the fairness and impartiality of the procurement process,an

13、d the confidentiality of tenders.13Ensuring accountability of procuring entities14What?independent,speedy review of procurement decisions(e.g.regarding contract awards or qualification of suppliers)When?a supplier claims that a breach has occurred of the GPA 2012/the domestic lawimplementing the GPA

14、 2012Why?ensuring systemic integrity(putting the spotlight on questionable practices)and correcting errors in the procurement process.Enhance trust in procurement system and strengthencompetition.Potentialincrease of direct foreigninvestment.Help ensure compliance with the Agreement(hence reducing t

15、he number of WTO Dispute Settlement proceedings)Who?Domestic and foreign suppliersThe GPA 2012 neverthelessleaves the GPA Parties a substantial degree of flexibility1516 flexible in allowing its Parties to chose the means to achieve the ends(e.g.the Parties must have at least one independentadminist

16、rative or judicial body to reviewprocurement claims.The GPA 2012 does not prescribe further details);a floor and not a ceiling(e.g.publication of contract award notice within 72 days;in practice,Parties are publishing muchearlier).THE GPA 2012 ISProcurement methods17In what sense is the GPA 2012 an

17、international benchmark?18The GPA 2012 and FTAsImportance of the GPA 2012 as a model!Use of the GPA 2012 text as a basis/inspiration for many FTAs;Convergence towards common principles at national/international levels.19The GPA 2012 rules as a reflection of international best practicesThe Agreement

18、is an instrument negotiated by some of the leading jurisdictions worldwide when it comes to government procurement legislation and regulation,e.g.the EU,the US,Canada,Japan,the Republic of Korea,etc.20The GPA 2012 and the UNCITRAL Model Law UNCITRAL designed the Model Law to be compatible with GPA.U

19、NCITRAL Model Law can be used to fulfil GPA legal requirements.21The GPA 2012 membership and access to theWorld Bank and the EBRD financingMDBs want to make sure that the countries receiving their funds have sound and confidence-inspiring procurement systems in place;GPA membership provides relevant

20、 assurances and can helpdemonstrate that a procurementsystem meets the WB and the EBRD requirements.22Capacity building23The WTO Secretariat undertakes technical cooperation activities to assist developing and least-developed country Members in participating effectively in the WTOs work on governmen

21、t procurement.24BeneficiariesGPA PartiesWTO Members or observersnot yetParty to the GPAGPA observers2526TA IN COOPERATION WITH.European Bank for Reconstruction and Development(EBRD GPA TC Facility as an enabler);Joint Vienna Institute;UNCITRAL Secretariat;Commercial Law Development Programme(US);Asi

22、an Development Bank;Academia,etc.NATIONAL WORKSHOPSTraveling to the requesting Member/observer(travel costs are covered)AIM:Explain and demistify the GPA 2012Reassure stakeholders(policymakers,procuring entities,private sector,civil society,etc)before and during the accession process.27TAMS REQUESTI

23、NG A NATIONAL WORKSHOP28Available resources29E-Learning Course on GPA 201230Relevant Knowledge Series episodesNot just market access:The GPA 2012 as an instrument of good governance in government procurement;The GPA 2012 and the prevention of corrupt practices in government procurement:A comparative

24、 assessment.Both episodes are available at:WTO-Government Procurement Agreement Knowledge Series31Conclusion32The GPA membership is increasing;North Macedonia is the latest Party to join!The GPA 2012 helps governments achieve and lock in domestic procurement reforms and good governance;The GPA 2012 is flexible.It is not prescriptive and is principle-based;The Agreement is a benchmark for FTAs and other international instruments;If you wish to learn more about the Agreement,technical assistance is available!33