Agreement on Government Procurement

The Agreement on Government Procurement (GPA) is a plurilateral agreement under the auspices of the World Trade Organization (WTO) that entered into force in 1981. It was then renegotiated in parallel with the Uruguay Round in 1994, and entered into force on 1 January 1996. The agreement was subsequently revised on 30 March 2012. The revised GPA came into effect on 6 July 2014. It regulates the government procurement of goods and services by the public authorities of the parties to the agreement, based on the principles of openness, transparency and non-discrimination.

Agreement on Government Procurement
The parties to the GPA:
  Parties
  Observers negotiating accession
  Observers only

Parties

The following WTO Members are parties to the agreement:[1]

Parties Accession date
Canada 1 January 1996
The European Union with respect to Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxemburg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom 1 January 1996
Israel 1 January 1996
Japan 1 January 1996
Norway 1 January 1996
Switzerland 1 January 1996
United States 1 January 1996
The Netherlands with respect to Aruba 25 October 1996
South Korea 1 January 1997
Hong Kong SAR 19 June 1997
Liechtenstein 18 September 1997
Singapore 20 October 1997
Iceland 28 April 2001
The European Union with respect to Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak Republic and Slovenia 1 May 2004
The European Union with respect to Bulgaria and Romania 1 January 2007
Chinese Taipei 15 July 2009
Armenia 15 September 2011
The European Union with respect to Croatia 1 July 2013
Montenegro 15 July 2015
New Zealand 12 August 2015
Ukraine 18 May 2016
Moldova 14 June 2016

The following WTO Members have obtained observer status with respect to the GPA, with those marked with an asterisk (*) negotiating accession: Albania*, Argentina, Australia*, Bahrain, Cameroon, Chile, China*, Colombia, Costa Rica, Georgia*, India, Indonesia, Jordan*, Kyrgyz Republic*, North Macedonia, Malaysia, Mongolia, Oman*, Pakistan, Panama, Russian Federation, Saudi Arabia, Seychelles, Sri Lanka, Tajikistan*, Thailand, Turkey and Vietnam.[1]

History

European Union

In 2016, several commentators suggested that following the United Kingdom's departure from the European Union (EU), the UK would need to renegotiate to become a party to the GPA in its own right, as the UK's membership was by virtue of being a member of the EU.[2]

In 2018, Bloomberg reported that some WTO members, including Moldova, may block the UK's post-Brexit membership of the GPA or request concessions.[3]

References

  1. ^ a b "Parties and observers to the GPA". WTO. Retrieved 9 June 2016.
  2. ^ e.g. Cameron, A., Brexit: What does it mean for public procurement?, 8 July 2016, accessed 11 September 2016
  3. ^ https://www.bloomberg.com/news/articles/2018-11-02/brexit-talks-over-security-deal-said-to-leave-brits-frustrated

External links

American Recovery and Reinvestment Act of 2009

The American Recovery and Reinvestment Act of 2009 (ARRA) (Pub.L. 111–5), nicknamed the Recovery Act, was a stimulus package enacted by the 111th U.S. Congress and signed into law by President Barack Obama in February 2009. Developed in response to the Great Recession, the ARRA's primary objective was to save existing jobs and create new ones as soon as possible. Other objectives were to provide temporary relief programs for those most affected by the recession and invest in infrastructure, education, health, and renewable energy.

The approximate cost of the economic stimulus package was estimated to be $787 billion at the time of passage, later revised to $831 billion between 2009 and 2019. The ARRA's rationale was based on the Keynesian economic theory that, during recessions, the government should offset the decrease in private spending with an increase in public spending in order to save jobs and stop further economic deterioration.

Since its inception, the impact of the stimulus has been a subject of disagreement. Studies on its effects have produced a range of conclusions, from strongly positive to strongly negative and all reactions in between. In 2012, the IGM Forum poll conducted by the University of Chicago Booth School of Business found 80% of leading economists agree unemployment was lower at the end of 2010 than it would have been without the stimulus. 46% "agreed" or "strongly agreed" that the benefits outweighed the costs, 27% were uncertain, and 12% disagreed or strongly disagreed. IGM Forum asked the same question to leading economists in 2014. This new poll found 82% of leading economists strongly agreed or agreed that unemployment was lower in 2010 than it would have been without the stimulus. Revisiting the question about the benefits outweighing the costs, 56% strongly agreed or agreed that it did, 23% were uncertain, and 5% disagreed.

Arie Reich

Arie Reich (Hebrew: אריה רייך‎; born September 23, 1959) is an Israeli legal scholar specializing in international trade law and European Union Law. He is a full professor at the Bar-Ilan University Faculty of Law, and serves as its Dean of Students. He previously served as the Dean of the Faculty of Law.

Buy America Act

Section 165 (49 U.S.C. § 5323(j)) of the Surface Transportation Assistance Act of 1982 (commonly called the Buy America Act) is a section of the larger STAA that deals with purchases related to rail or road transportation. Unlike the similarly titled Buy American Act (1933), the Buy America Act applies only to purchases related to rail or road transportation, such as the construction of highways, railways, or rapid transit systems.

The 1982 provisions also apply to purchases made by third-party agencies, using funds granted by agencies within the United States Department of Transportation.Transportation infrastructure projects built with iron, steel, and manufactured products must purchase materials in the United States. This applies to mass-transit related procurements valued over $150,000 and funded at least in part by federal grants. This includes highways, bridges, airports and tunnels.Canadian manufacturers, as joint signatories to NAFTA and the World Trade Organization's Agreement on Government Procurement (GPA), are often eligible to be considered equivalent to US manufacturers., though NAFTA excluded highway and transit grants from its coverage, and while the GPA agreement obliges the governments of 37 US states to treat Canadian products as equivalent to US products, the GPA also excludes highway and transit grants that are Federally funded.

The Buy America rules are occasionally amended by the Federal Transit Administration and the Federal Highway Administration.According to the Associated General Contractors of Washington, elements of the American Recovery and Reinvestment Act of 2009 conflicted with the Buy America provisions of the Surface Transportation Assistance Act of 1982, although the legislation specified that the existing Buy America requirements would extend to ARRA-funded highway and transit projects.

Buy American Act

The Buy American Act ("BAA", originally 41 U.S.C. §§ 10a–10d, now 41 U.S.C. §§ 8301–8305) passed in 1933 by Congress and signed by President Hoover on his last full day in office (March 3, 1933), required the United States government to prefer U.S.-made products in its purchases. Other pieces of federal legislation extend similar requirements to third-party purchases that utilize federal funds, such as highway and transit programs.

The Buy American Act is not to be confused with the very similarly named "Buy America Act" that came into effect in 1983. The latter, a provision of the Surface Transportation Assistance Act of 1982, is 49 U.S.C., § 5323 (j), and applies only to mass-transit-related procurements valued over US$100,000 and funded at least in part by federal grants.In certain government procurements, the requirement purchase may be waived by the Contracting Officer or the Head of the Contracting Activity (HCA) if the domestic product is 25% or more expensive than an identical foreign-sourced product, if the product is not available domestically in sufficient quantity or quality, or if doing so is in the public's interest.

The President has the authority to waive the Buy American Act within the terms of a reciprocal agreement or otherwise in response to the provision of reciprocal treatment to U.S. producers. Under the 1979 General Agreement on Tariffs and Trade (GATT) Government Procurement Code, the U.S.-Israel Free Trade Agreement, the U.S.-Canada Free Trade Agreement, and the World Trade Organization (WTO) 1996 Agreement on Government Procurement (GPA), the United States provides access to the government procurement of certain U.S. agencies for goods from the other parties to those agreements. However, the Buy American Act was excluded from the GPA's coverage.

Debbie Stabenow

Deborah Ann Greer Stabenow (born April 29, 1950) is an American politician who is the senior United States Senator from Michigan and a member of the Democratic Party. She is Michigan's first female U.S. Senator and was elected to the Senate in 2000, defeating Republican incumbent Spencer Abraham. Before her election to the Senate, she was a member of the House of Representatives, representing Michigan's 8th congressional district. Previously she served on the Ingham County Board of Commissioners and in the Michigan State Legislature.

Stabenow served as Chair of the Senate Agriculture Committee from 2011 to 2015. She was re-elected to the Senate for a fourth term in 2018. She became the state's senior U.S. Senator upon the retirement of Carl Levin on January 3, 2015. She became Chair of the Senate Democratic Policy Committee in 2017.

Economic liberalization in the post–World War II era

Directly after World War II saw many countries adopt policies of economic liberalization in order to stimulate their economies.

The period directly after the war did not see many, the most notable exception being West Germany's reforms of 1948, which set the stage for the Wirtschaftswunder in the 1950s and helped inform many of the liberalisations that were to come.

However, it was not until the 1970s that the stagflation of the period forced many countries to look for new economic systems. The emergence of neoliberalism and other associated economically liberal doctrines saw a wave of economic liberalisations sweeping the globe.

Starting with Chile in 1975, various governments adopted and implemented liberal policy. The most important of these were Ronald Reagan and Margaret Thatcher, who developed the initial wave of neoliberal thought in practise.

Chronic economic crisis throughout the 1980s and the collapse of the Communist bloc at the end of the 1980s, helped foster political opposition to state interventionism in favor of unregulated market reform policies. From the 1980s onward, a number of communist and socialist countries initiated various neoliberal market reforms, such as the Socialist Federal Republic of Yugoslavia under the direction of Ante Marković (until the country's collapse in the early 1990s), and the People's Republic of China under the direction of Deng Xiaoping.

In the 1990s, a second more socially-liberal wave of liberalisation swept the world under Bill Clinton and Tony Blair.

Government procurement

Government procurement or public procurement is the procurement of goods, services and construction on behalf of a public authority, such as a government agency. With 10 to 20% of GDP, government procurement accounts for a substantial part of the global economy.To prevent fraud, waste, corruption, or local protectionism, the laws of most countries regulate government procurement to some extent. Laws usually require the procuring authority to issue public tenders if the value of the procurement exceeds a certain threshold. Government procurement is also the subject of the Agreement on Government Procurement (GPA), a plurilateral international treaty under the auspices of the WTO.

Government procurement in the European Union

Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with the principles underlying the Treaties of the European Union. Public procurement represents 13.5% of EU GDP as of 2007, and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market.

According to a 2011 study prepared for the European Commission by PwC, London Economics and Ecorys, the UK, France, Spain, Germany, Poland and Italy were together responsible for about 75% of all public procurement in the EU and European Economic Area, both in terms of the number of contracts awarded through EU-regulated procedures and in value. The UK awarded the most contracts in value terms and France had the highest number of contracts.

Investment Policy Framework for Sustainable Development

The Investment Policy Framework for Sustainable Development (IPFSD) is a dynamic document created to help governments formulate sound investment policy, especially international investment agreements (IIAs), that capitalize on foreign direct investment (FDI) for sustainable development. It was prepared by the Division on Investment and Enterprise (DIAE) of the United Nations Conference on Trade and Development (UNCTAD). IPFSD is not a negotiated text or undertaking between States; but rather an initiative by the UNCTAD Secretariat that represents expert guidance while leaving domestic policy makers free to adapt and adopt. IPFSD is the result of numerous consultations with experts and is intended as a platform to provide for further consultation and discussion with all investment stakeholders. The main objective of the IPFSD is to create a balance between the rights and obligations of States and investors while maintaining attractive investment environments.

In the face of persistent global economic and social challenges, UNCTAD's IPFSD intends to:

Promote a new generation of investment agreements by pursuing a broader development agenda; and

Offer guidance to policymakers when formulating their national and international investment policies.To that end, IPFSD defines eleven critical Core Principles. Flowing from these Core Principles IPFSD provides States guidelines and advice on formulating good investment policy including clause-by-clause options for negotiators to enhance the sustainable development value of domestic investment policies.

List of executive actions by Jimmy Carter

Executive Orders numbered 11967–12286 signed by President Jimmy Carter (1977–1981).

List of executive actions by Ronald Reagan

Executive Orders numbered 12287–12667 signed by President Ronald Reagan (1981–1989).

List of multilateral free-trade agreements

This is a list of multilateral free-trade agreements, between several countries all treated equally. For agreements between two countries, between a bloc and a country, or between two blocs, see list of bilateral free-trade agreements; these are not listed below.

Every customs union, common market, economic union, customs and monetary union and economic and monetary union is also a free-trade area; these are listed on these separate articles and are not included below.

For a general explanation, see free-trade area.

Offset agreement

Offsets can be defined as provisions to an import agreement, between an exporting foreign company, or possibly a government acting as intermediary, and an importing public entity, that oblige the exporter to undertake activities in order to satisfy a second objective of the importing entity, distinct from the acquisition of the goods and/or services that form the core transaction. The incentive for the exporter results from the conditioning of the core transaction to the acceptance of the offset obligation.

Offset agreements often involve trade in military goods and services and are alternatively called: industrial compensations, industrial cooperation, offsets, industrial and regional benefits, balances, juste retour or equilibrium, to define mechanisms more complex than counter-trade.

Counter-trade can also be considered one of the many forms of defense offset, to compensate a purchasing country.The main difference between a generic offset and counter-trade, both common practices in the international defense trade, is the involvement of money. In counter-trade, goods are paid through barters or other mechanisms without the exchange of money, while in other generic offsets money is the main medium of exchange.

Plurilateral agreement

A plurilateral agreement is a multi-national legal or trade agreement between countries. In economic jargon, it is an agreement between more than two countries, but not a great many, which would be multilateral agreement.

Procurement

Procurement is the process of finding and agreeing to terms, and acquiring goods, services, or works from an external source, often via a tendering or competitive bidding process. Procurement is used to ensure the buyer receives goods, services, or works at the best possible price when aspects such as quality, quantity, time, and location are compared. Corporations and public bodies often define processes intended to promote fair and open competition for their business while minimizing risks such as exposure to fraud and collusion.

Almost all purchasing decisions include factors such as delivery and handling, marginal benefit, and price fluctuations. Procurement generally involves making buying decisions under conditions of scarcity. If sound data is available, it is good practice to make use of economic analysis methods such as cost-benefit analysis or cost-utility analysis.

Procurement G6

The Procurement G6 is an informal group of the six national Central Purchasing Bodies, leaders on e-procurement and framework agreements. Also known as the MMGP - Multilateral Meeting on Government Procurement.

Timeline of the Jimmy Carter presidency (1980)

The following is a timeline of the Presidency of Jimmy Carter from January 1, 1980, to December 31, 1980.

System
Issues
Agreements
Ministerial
Conferences
People
Members

This page is based on a Wikipedia article written by authors (here).
Text is available under the CC BY-SA 3.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.