. /.WORLD TRADE
ORGANIZATIONGPA/W/194
13 May 2002
(02-2640)
Committee on Government Procurement Original:  English
ACCESSION OF GEORGIA TO THE AGREEMENT ON
GOVERNMENT PROCUREMENT
Questions from the United States Regarding Georgia’s Replies to the
Checklist of Issues Contained in Document GPA/W/187
The following communication, dated 23 April 2002, has been received from the delegation of
the United States with the request that it be circulated to the Committee on Government Procurement.
_______________
The United States has reviewed the replies of Georgia to the Committee’s Checklist of Issues
relating to accession to the Government Procurement Agreement (GPA/W/187).  The United States
submits the following questions and requests for clarification regarding Georgia’s replies:
1. The United States notes that several of Georgia’s responses refer to a preferential evaluation
privilege that applies to tenders when a Georgian supplier is competing against a foreign
supplier, and a requirement that 70% of engineer-technical personnel and workersparticipating in construction contracts must be citizens of Georgia.  Will these requirements
be waived for contracts covered by the GPA in order to comply with GPA Article III?
2. In response to Question No.7 of the Checklist, Georgia stated that “Public legal entities are
obliged to carry out procurement according to this Law, despite the source of financing ofprocurement.” Please clarify whether state-owned enterprises and entities in which the
Georgian government owns shares are considered “public legal entities” that are subject to the
Georgian Law  “On State Procurement”.
3. With respect to Georgia’s response to question No. 15, please indicate how Georgia will
ensure compliance with GPA Article XVI.
4. Please describe how Georgian procurement law and regulations will permit suppliers to
become qualified to participate in a tender pr ocess that is already underway in cases where a
register is used and also where a register is not used.
5. Is the United States correct in understanding from Georgia’s reply to Question No. 19 that
Georgia allows the use of  limited tendering in only two cases: 1) where the procurement falls
within the thresholds noted in Georgia’s response and 2) where there are less than three
tenders?  With regard to the later condition, please indicate how it complies with GPA Article
XV:1(a).  Also, please describe any other cases in which limited tendering may be used.GPA/W/194
Page 2
6. At the end of its response to Question No. 16, Georgia indicates that in two-staged tenders,
negotiations may be conducted.  Please clarify whether such negotiations would comply with
GPA Article XIV.  Also, please indicate whethe r negotiations may be used in any other cases.
7. Please describe the type of information that suppliers are required to submit when they seek
qualification to participate in a tendering process.
 8. The United States notes that the maximum period for the delivery of tenders in Georgia is 30
days, as is indicated in the response to question #21.  Please indicate how Georgia intends to
implement GPA Article XI:2(a) that requires a minimum time period of 40 days between the
publication of the notice of procurement and the deadline for the receipt of tenders in cases of
open tendering.
9. The United States notes that, Georgia has stated in response to Question No. 22, that award of
tenders in Georgia may take into account the following criteria: “compliance of the tender
offers with the interests of the whole country and regional and immediately on the procuring
organizations [impact on the state of tax balance and official currency reserves of the country;international agreements of the country; factor of use of home components (use of local
labour resources, enterprise capacities and raw materials, etc.); prospects of economical
development of the country; transfer of modern technologies, know-how; training of
managerial, scientific and enterprise staff; interests of environment protection, defense and
national security and other effects].”
Please indicate  how the use of such criteria will comply with GPA Article XVI.
10. Please indicate to the extent possible when Georgia’s procurement laws and regulations will
be available in English for review.
11. To follow up Georgia’s response to question N o. 27, please indicate the types of information
that must be included in notices of notices of invitation to tender and in tender documentation.
12. GPA Article IX:6 sets forth the information that is required to be included in notices of
proposed procurement covered by the Agreement.  Please indicate which of the items listed in
Article IX are currently included in tender notices by Georgian procuring entities.  For thoseitems listed in Article IX:6 that are not currently included in procurement notices, please
indicate when, and in what manner, the inclusion of such information will be made
mandatory.
13. In response to Question No. 30, Georgia states that “the information on conclusion of
agreement on the state procurement shall be published” please indicate the specific
information that must be published, and whether it includes all of the information specified in
GPA Article XVIII:1.  Please indicate whether Georgia provides the information set out in
GPA Article XVIII:2.
__________