The GPA contains a number of provisions to ensure that tendering procedures for public procurement in signatory countries are transparent, efficient and fair. The signatories agreed that: According to the United Kingdom, the GPA`s market access supply is estimated at £68 billion ($88 billion), which is the second largest coverage of public procurement under the GPA. Currently, UK public procurement accounts for a quarter of the EU`s public procurement covered by the agreement. The United Kingdom will update its schedule of GPA commitments within three months of joining part of the GPA. The accession process begins with the submission of an application for membership and has two main aspects: negotiations between the adhering member and the parties to the GPA on the offer of coverage of the former and verification that the procurement rules of the adhering member comply with the requirements of the GPA – for example, in terms of transparency, procedural fairness for suppliers and internal review. The WTO Agreement on Government Procurement (GPA) is a “plurilateral” agreement, meaning that it applies to a number of WTO Members, but not to all Members. (2) This restriction does not apply to the purchase of supplies by the Ministry of Defence from a country with which it has entered into a reciprocal agreement, as provided for in the regulations of the Ministry. The revised GPA, which was published on 6. April 2014 is attracting more and more 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 incorporated into the trade negotiations of the GATT Tokyo Round in 1976. In accordance with Article V of the revised GPA, special and differential treatment for developing countries may be negotiated in the form of transitional measures such as offsets, preferential price programmes, initially higher thresholds and the gradual introduction of facilities by a developing country in the accession process, subject to the agreement of the other Parties and the development needs of the acceding Member.
The Agreement on Government Procurement (GPA) requires that open, fair and transparent conditions of competition in public procurement be guaranteed. To this end, the text of the agreement establishes general principles and detailed procedural rules that the parties to the GPA are required to apply in covered procurement activities. 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 (external link). The following WTO Members are parties to the 1994 Agreement If a supplier considers that there has been a violation of this Agreement, it is invited to enter into consultations with the procuring entity in order to resolve the problem. If such consultations do not lead to a satisfactory outcome, any signatory Government is required to provide non-discriminatory, timely, transparent and effective procedures that would enable suppliers to challenge alleged violations of the Convention. Suppliers may be required to initiate a challenge procedure within a specified period of time (at least 10 days) from the date on which the basis of the complaint was known. Challenges must be heard by an impartial independent court or oversight body that has no interest in the outcome of the contract. Challenge procedures must be completed “promptly”. For the full text of the revised GPA and the new annexes setting out the procurements covered by all GPA Parties, see GPA-113. 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. Subsequently, in parallel with the Uruguay Round, the parties conducted negotiations on the extension of the scope and scope of the Agreement. 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 Agreement on Government Procurement (GPA) is a plurilateral agreement under the auspices of the World Trade Organization (WTO) that regulates the purchase of goods and services by the authorities of the Parties to the Agreement on the basis of the principles of openness, transparency and non-discrimination. As part of a new accession development, Brazil followed up on its may 2020 GPA application by submitting its responses to a list of questions about its public procurement system, including its laws and regulations on government procurement. It also informed the Committee that it planned to submit its first market access offer by the end of 2020. Brazil is the first country in Latin America to apply for membership of the plurilateral agreement. (a) Eligible products from the WTO GPA and free trade agreements shall be entitled to the non-discriminatory treatment referred to in point (1)(25.402(a). The WTO-GPA and free trade agreements establish procurement procedures to ensure fairness (see 25.408).
The fundamental objective of the GPA is the mutual opening of public procurement between its parties. Following several rounds of negotiations, the GPA parties have opened procurement activities worth an estimated $1.7 trillion each year to international competition (i.e., to suppliers of GPA parties offering goods, services or construction services). The GPA is a plurilateral agreement within the WTO, which means that not all WTO members are parties to the agreement. Currently, the Agreement has 20 parties comprising 48 WTO Members. 36 WTO members/observers participate as observers in the GPA Committee. Of these, 12 members are in the process of acceding to the agreement. The text of the agreement contains rules stipulating that open, fair and transparent conditions of competition in public procurement must be guaranteed. However, these rules do not automatically apply to all procurement activities of each party.
Rather, coverage plans play a crucial role in determining whether or not a procurement activity is covered by the agreement. Only procurement activities carried out by covered companies that purchase listed goods, services or construction services with a value exceeding certain thresholds are covered by the Agreement. These schedules are accessible to the public here. The agreement was originally established in 1979 as the Tokyo Round Code on Government Procurement, which entered into force in 1981 under the auspices of the General Agreement on Tariffs and Trade.  It was then renegotiated in parallel with the Uruguay Round in 1994, and this version entered into force on 1 January 1996. The agreement was subsequently revised on 30 March 2012. The revised GPA entered into force on 6 July 2014.  The UK`s independent membership in the GPA will be essential to maintain access to the US. Supply market, as it cannot rely on a free trade agreement (FTA) to provide such access. The Trump administration wants to exclude government procurement from negotiations on a free trade agreement with the UK, although the US`s negotiating objectives also include government procurement.
The procurement targets reflect U.S. objectives for renegotiating the North American Free Trade Agreement (NAFTA) and other free trade agreements and cover both market access and the text. If the U.S. succeeds in excluding procurement from a free trade agreement with the U.K., Canada`s exclusion from the U.S.-Mexico-Canada government procurement chapter could become the norm rather than a gap in free trade agreements negotiated by the Trump administration. Signatories to the GPA are required to publish summary notices on procurement opportunities for contracts covered by the agreement. Each member has identified publications in which these opportunities are published. The publications are listed in Annex II (off-site link). Any enterprise from a signatory country that wishes 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. .