China Government Procurement Agreement

According to the GPL, government procurement can be done using the following six methods: On February 27, 2020, china`s Ministry of Finance (“MOF”) released its legislative agenda for 2020 and issued a plan to amend a series of government procurement laws and regulations (see here). As China accelerates the process of negotiating the Agreement on Government Procurement (GPA) within the framework of the WTO, significant changes are expected to modernize the government procurement system. Currently, 48 WTO members (including the EU and its 28 member states) are bound by the agreement. Australia is the youngest member to join the agreement in early 2019. The GPA aims to open up government procurement markets to foreign competition in a reciprocal manner and to the extent agreed between WTO members and to make government procurement more transparent. It provides legal safeguards for the non-discrimination of GPA parties` products, services and suppliers in covered procurement activities, which are currently estimated at $1.7 trillion per year. In the case of government procurement involving international bodies or foreign governments and if there are other provisions concerning the essential conditions of supply contained in the agreement between the lender, the financier and the Chinese side, these provisions may apply provided that they do not harm the State or social interests. [36] The Review Body on Bid Challenges is a body created by the parties to allow suppliers to challenge irregular government tenders. [5] These bodies are independent and strive to deal with each case promptly. The review body is also empowered to recommend interim emergency measures, which may be recommended in the following days, when an examination body finds a case of a challenge to the offer. [6] The revision focuses on taking quality into account before price when selecting successful offers.

It encourages candidates to take into account the full life-cycle cost in their purchases and to select offers with the lowest energy consumption and the least impact on the environment. It adds provisions to prevent the selection of winners solely on the basis of the prize and limits the application of the lowest auction price method to projects with general technical or performance standards or without special requirements. A bid evaluation committee must refuse abnormally low bids where the supplier is unable to explain its acceptability. [11] Ping Wang, China`s Accession to WTO`s Government Procurement Agreement: Domestic Challenges and Prospects in Negotiation, The University of Nottingham China Policy Institute Briefing Issue 48 (March 2009), available from For parties to the WTO GPA, see Contracting Parties and GPA Observers, (last visited 15 January 2010). The proposal would reduce the minimum time between the issuance of the tender documents and the submission of tenders from 20 days to 15 days. It would also allow an additional reduction to 10 days in some cases, for example.B. for the purchase of standard equipment and materials and for small projects using simple construction technology. The Agreement on Government Procurement (GPA) is a plurilateral agreement under the auspices of the World Trade Organization (WTO), which governs the procurement of goods and services by the parties` authorities on the basis of the principles of openness, transparency and non-discrimination. On 26 May 2009, the Chinese authorities issued a circular to strengthen state oversight of tenders and bids for state-invested projects (Circular). [29] The circular orders the purchase of domestic products in projects invested by the State.

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Posted September 14th, 2021 in Uncategorized.

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