RESTRICTED  
  
GPA/ACC/MKD/6  
 
18 June 2018  
(18-3778) Page: 1/2 
Committee on Government Procurement  Original: English  
 
ACCESSION OF THE FORMER YUGOSLAV REPU BLIC OF MACEDONIA TO THE AGR EEMENT 
ON GOVERNMENT PROCUR EMENT  
COMMUNICATION FROM T HE UNITED STATES OF AMERICA  
The following communication, dated 15 June 2018, is being circulated at the r equest of the 
Delegation of the United States of America . 
 
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COMMENTS FROM THE UN ITED STATES ON THE I NITIAL OFFER OF THE REPUBLIC OF 
MACEDONIA (GPA/ACC/M KD/4)  
The United States thanks the Republic of Macedonia for submitting its initial offer 
(GPA/ACC/MKD/4), circulated on  28 February 2018.  
 
The United States submits the following questions and comments. The United States reserves the 
right to modify or expand its comments at any time.  
 
Annex 1 - Central Government Entities  
 
1. Can the Republic of Macedonia provide information  about how it developed its list of central 
government entities? Can the Republic of Macedonia provide information about the status of 
subordinate entities? For example, none of the Ministry bodies (subordinate entities) under the 
Ministry of Transport and  Communications are listed here. Could the Republic of Macedonia 
provide information on what, if any, subordinate entities are not covered?  
2. Can the Republic of Macedonia identify the Annex 1 entities procuring air traffic control 
equipment? Can the Republ ic of Macedonia provide information on the annual value of air traffic 
control equipment procurements by Annex 1 entities that would be covered by the Agreement? If 
possible, please identify the types of air traffic control equipment that have been recentl y procured 
by Annex 1 entities. Furthermore, please provide information on Macedonian manufacturers of air 
traffic control equipment.  
3. Can the Republic of Macedonia explain how Note 1.b . will be applied in its procurement 
system? Can the Republic of Macedo nia provide information on the annual value of procurements 
subject to Note 1.b .?  
4. Can Macedonia provide information about the "relevant provisions of Macedonian law " 
referred to in Note 2 .? Can the Republic of Macedonia provide information on how this not e will be 
applied in its procurement system?  
Annex 2 – Sub-Central Government Entities  
 
5. The United States notes that there are at least a dozen entities listed in Annex 2 that appear 
to be central government bodies. Can the Republic of Macedonia provide in formation confirming 
that all of the entities listed as sub -central entities do, in fact, operate at the sub -central level?  
For example: The National Bank of the Republic of Macedonia is listed under Annex 2 but would 
appear to be a central government bod y.  GPA/ACC/MKD/6  
 
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  6. The United States requests information on the annual value of procurements that would be 
covered under the Agreement and affected by Notes 1 .a., 1.b., and 1 .d.  
7. Can the Republic of Macedonia identify the Annex 2 entities procuring air traffic control 
equipment? If possible, please identify the types of air traffic control equipment that have been 
recently procured by Annex 2 entities. Furthermore, please provide information on Macedonian 
manufacturers of air traffic control equipment and Macedonian air traffic control equipment service 
providers.  
8. Can Macedonia provide information about the "relevant provisions of Macedonian law " 
referred to in Note 2 .? Can the Republic of Macedonia provide information on how this note will be 
applied in its procurement system?  
Annex 3 – Other Entities  
 
9. Can Macedonia provide additional information about number 17 on the indicative list of 
contracting authorities? Specifically what are the other public utility enterprises performing 
activities in the area of water supply? What are the other joint -stock companies and limited liability 
companies in the area of energy, transport and postal services?  
10. Can the Republic of Macedonia identify the Annex 3 entities that would be affected by Notes 
6.b., 6.c., 6.d., 6.e., 6.f., 6.h. and 6.j .? The United States requests information on the annual 
value of procurements that would be covered under the Agreement and affected by these notes.  
Annex 4  - Goods  
 
11. Can the Republic of Macedonia provide information on how the Macedonian procurement 
system determines country of origin for goods?  
Annex 5  - Services  
 
12. The US request that the Republic of Macedonia utilize a negative list of services.  
13. Can the Republic of Macedonia confirm that footnote 1 in Annex 5 refers to Article 10 in 
draft version of the consolidated text of the Law on Public Procurement (GPA/ACC/MDK/1)? If yes, 
can the Republic of Macedonia explain the difference, if any, between footnote 1 and draft Article 
10? 
Annex 6  – Construction Services  
 
14. Does the Republic of Macedo nia consider work concessions to be a type of construction 
service? Can the Republic of Macedonia explain how it is different from the construction services 
identified in Division 51, CPC Prov.?  
15. Can the Republic of Macedonia provide information on how wor k concessions are treated in 
its procurement system? Can the Republic of Macedonia clarify whether "public private 
partnerships " as identified in the draft procurement law (GPA/ACC/MKD/1), are considered work 
concessions for purposes of this exclusion?  
16. Can the Republic of Macedonia provide information on the annual value of work concession 
procurements?  
Annex 7 – General Notes  
 
17. The United States requests information on the annual value of procurements that would be 
covered by Note 1.b . of the General Notes . 
 
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