RESTRICTED  
  
GPA/ACC/AUS/34  
 
5 July 2017  
(17-3609) Page: 1/2 
Committee on Government Procurement  Original: English  
 
ACCESSION OF AUSTRAL IA TO THE AGREEMENT ON GOVERNMENT PROCUR EMENT  
COMMUNICATION FROM UKRAINE  
The following communication, dated 3 July 2017, is being circulated at the request of the 
Delegation of Ukraine.  
 
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COMMENTS FROM UKRAIN E REGARDING  THE SECOND REVISED O FFER  
OF AUSTRALIA (GPA/AC C/AUS/29)  
Ukraine thanks Australia for the submission of its second revised offer for accession to the 
Agreement on Government Procurement, circulated by the GPA Secretariat on 2 June 2017. 
Ukraine also appreci ates the submission of the written replies to Ukraine's comments.  
 
Ukraine submits its comments seeking further improvements in Australia's offer, as indicated 
below. Ukraine reserves the right to withdraw, amend, reduce or extend its request in the light of 
negotiations with Australia and the revised requests from other GPA Parties.  
 
Annex 1 - List of Central Government Entities  
 
1. Ukraine thanks Australia for the inclusion of two additional central government entities 
under its Annex 1 and Annex 3. Ukraine would like to reiterate its request for Australia to clarify 
whether all central government entities of Australia that are subject to the Australian 
Government's procurement framework are included to the indicative list of Central Government 
entities? If s ome central government entities were not explicitly included to the list, could Australia 
provide justification for that?  
Annex 2 - Sub-Central Government Entities  
 
2. We invite Australia to lower thresholds for goods and services for sub -central government 
entities to SDR 200,000 in order to match the majority of GPA Parties (most of GPA Parties have 
the thresholds for sub -central government entities - SDR 200,000 and only the USA and Canada 
have thresholds for sub -central government entities - SDR 355,000. At the same time, the USA 
and Canada have lower thresholds for the entities under Annex 3: SDR 355,000 for Canada and 
USD 250 ,000 for listed goods and services in the USA.  
3. Could  Australia clarify whether the N ote about a phased withdrawal of the exception  for 
motor vehicles covers entities under Annex 2? If not, please provide the justification for this.  
Annex 3 – Other Entities  
 
4. Ukraine would appreciate Australia's elaboration on the exclusion of government business 
enterprises (government -owned corporati ons) from its offer, e.g. the Australian Rail Track 
Corporation? What are the criteria for procurement by government -owned enterprises to be 
excluded from the scope of procurement framework?  GPA/ACC/AUS/34  
 
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  Annex 5 - Services  
 
5. Ukraine invites Australia to delete the reci procity Note found  in Australia's Note to Annex 5.  
Annex 7 - General notes  
 
6. Could Australia ensure the use of small business and other set asides in a manner that, 
while not precluding their use, would provide an acceptable security of access to suppliers from all 
GPA Parties, namely Ukraine? Is the purpose of the preference schemes to benefit Australian small 
and medium enterprises, or also small and medium enterprises from other countries, namely 
Ukraine?  
7. For the sake of clarity and transparency Ukraine i nvites A ustralia to delete its General N ote 
about the procurement of unsolicited innovative proposals, because we find the exclusion with 
respect to procurements made under "exceptionally advantageous conditions " too vague. Or could 
Australia provide a det ailed guidance on the use of unsolicited innovative proposals?  
 
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