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10 - The Revised Agreement on Government Procurement: changes to the procedural rules and other transparency provisions

from PART III - Revision of the procedural rules and other transparency provisions of the Agreement on Government Procurement

Published online by Cambridge University Press:  07 September 2011

Sue Arrowsmith
Affiliation:
University of Nottingham
Sue Arrowsmith
Affiliation:
University of Nottingham
Robert D. Anderson
Affiliation:
World Trade Organization
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Summary

Introduction

As outlined in chapter 1 of this volume, the Agreement on Government Procurement (GPA) includes procedural rules and other transparency-related provisions which govern all procurements covered by the GPA. As chapter 1 also explained, a revised GPA text was provisionally adopted in December 2006, which makes the Agreement more user-friendly, introduces some substantive changes to enhance flexibility and, crucially, brings the text up to date. The aim of the present chapter is to examine the main substantive changes in that revised text that relate to the procedural rules and transparency provisions. It should be stressed that there is no intention to provide a critical analysis of the transparency rules as a whole, or to consider other changes that might be made, which would go beyond the scope of a single chapter: the aim is merely to examine the amendments so that those who are familiar with the 1994 text can obtain a full appreciation of the implications of the new text. Readers should also note that changes to the revised text relating to matters other than procedural rules and transparency are dealt with elsewhere in this volume, in particular in chapter 11 by Müller, which examines the revised text's new provisions on special and differential treatment for developing countries, and in chapter 1, which includes an account of changes on matters such as coverage rules and remedies.

Type
Chapter
Information
The WTO Regime on Government Procurement
Challenge and Reform
, pp. 285 - 336
Publisher: Cambridge University Press
Print publication year: 2011

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References

Arrowsmith, S., Government Procurement in the WTO (The Hague: Kluwer Law International, 2003), passimGoogle Scholar
Reich, A., International Public Procurement Law: The Evolution of International Regimes on Public Purchasing (London: Kluwer Law International, 1999)Google Scholar
Wallace, D. and Sahayadachny, S., ‘Opening Government Procurement Markets’, chapter 19 in M. Mendoza, P. Low and B. Kotschwar (eds.), Trade Rules in the Making (Washington: Brookings Institution Press, 1999)Google Scholar
Hoekman, B. and Mavroidis, P., ‘Basic Elements of the Agreement on Government Procurement’, chapter 1 in B. Hoekman and P. Mavroidis (eds.), Law and Policy in Public Purchasing: The WTO Agreement on Government Procurement (Ann Arbor: University of Michigan Press, 1997)Google Scholar
Wittig, W., ‘A Framework for Balancing Business and Accountability within a Public Procurement System: Approaches and Practices of the United States’, Public Procurement Law Review, 10 (2001), 139Google Scholar
Priess, H.-J., ‘Conflict of Interest in Tender Proceedings: How to Deal with Conflicts of Interest (Family Ties, Business Links and Cross-Representation of Contracting Authority Officials and Bidders)’, Public Procurement Law Review, 11 (2002), 153Google Scholar

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