实现和锁定国内政府采购改革和善治以及对国内采购系统进行基准测试的有效工具.pdf

The World Trade Organization’s Agreement on Government Procurement (GPA 2012) serves as an effective tool for achieving and maintaining domestic government procurement reforms and good governance. It provides legal non-discrimination guarantees for the goods, services, and suppliers of GPA Parties involved in procurement activities, estimated to be worth around USD 1.7 trillion annually. The GPA 2012 is part of the WTO system and is enforceable under the Dispute Settlement Understanding (DSU). Key points of the GPA 2012 include: - Encouraging the exchange of opportunities for GPA Parties' goods, services, and suppliers to access procurement markets. - Aiming for the efficient and effective management of public resources through enhanced competition in procurement markets. - Strengthening good governance principles, including transparency, conflict of interest avoidance, and accountability mechanisms. - Encouraging the accession of more WTO Members to the Agreement. As of now, 22 Parties covering 49 WTO Members are part of the GPA 2012, with 36 Observers, including Argentina, Brazil, China, and India. Membership has been growing, with six new Parties joining since the GPA 2012 entered into force, including Montenegro, New Zealand, Ukraine, Moldova, Australia, and the UK. The GPA 2012 requires GPA Parties to open their procurement markets and maintain openness even under domestic industry pressures. This promotes competition, leading to benefits such as access to new products, higher quality, and lower prices. The Agreement also emphasizes the importance of transparency, procedural fairness, and accountability in procurement processes. The GPA 2012 serves as an international benchmark for procurement methods and is influential in Free Trade Agreements (FTAs). It reflects international best practices and is designed to be compatible with the United Nations Commission on International Trade Law (UNCITRAL) Model Law. Membership in the GPA 2012 is seen as an assurance of having sound and confidence-inspiring procurement systems, which is beneficial for countries receiving funds from Multilateral Development Banks like the World Bank and the European Bank for Reconstruction and Development. The WTO Secretariat provides technical cooperation activities to support developing and least-developed country Members in effectively participating in WTO's government procurement work. This includes capacity-building efforts and the organization of national workshops to explain and demystify the GPA 2012 for stakeholders. In conclusion, the GPA 2012 is instrumental in promoting good governance and competition in government procurement, and its membership is increasing, with North Macedonia being the latest Party to join. The Agreement offers flexibility, benchmarks international standards, and provides technical assistance for capacity building.