RESTRICTED  
  
GPA/ACC/GBR/8  
 
19 July 2018  
(18-4562) Page: 1/3 
Committee on Government Procurement  Original: English  
 
ACCESSION OF THE UNI TED KINGDOM TO THE A GREEMENT ON GOVERNME NT 
PROCUREMENT IN ITS O WN RIGHT  
COMMUNICATION FROM T HE UNITED STATES OF AMERICA  
The following communication, dated 17 July 2018, is being circulated at the request of the 
Delegation of the United  States of America.  
 
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COMMENTS AND QUESTIO NS FROM THE UNITED S TATES REGARDING THE UNITED 
KINGDOM 'S REPLIES TO THE CHE CKLIST OF ISSUES (GP A/ACC/GBR/2)  
The United States thanks the United Kingdom for submitting its replies to the Checklist of Issues 
(GPA/ACC/GBR/2) to the GPA Committee. The United States looks forward to continued 
engagement with the United Kingdom in the accession process on both the checklist of issues as 
well as in discussions of the United Kingdom 's initial market access of fer. The United States 
reserves the right to submit additional questions in the future.  
 
1  LEGAL FRAMEWORK  
1. In its response to Question 1.2 ., the United Kingdom notes that Public Services (Social 
Value) Act 2015 requires contracting authorities, before carryi ng out procurements for public 
services contracts subject to the PCR 2015, to consider how what is proposed to be procured 
might improve the economic, social, and environmental well -being of the relevant area. This 
appears to be implemented, in part, throu gh the Procuring Growth Balanced Scorecard, issued by 
the Crown Commercial Service.  The Scorecard paper provides recommended metrics for 
measuring impact including "UK content of government supply chains " (Strategic Theme 3. Supply 
Chain), "number of UK jo bs created or sustained by new government contracts " (Strategic 
Theme  4. Employment & Skills), "number of apprenticeships created by new government 
contracts " (Strategic Theme 4. Employment & Skills), and "number of charity/community events 
hosted " (Strate gic Theme 7. Outcome Benefits "). 
a. How is "relevant area " defined?   
b. Can the United Kingdom explain whether local employment/hiring either in the delivery 
of a good or service being procured or in the manufacture of a good being procured can 
be taken into acc ount when assessing the economic, social, and environmental well -
being of the relevant area?  
c. Can the United Kingdom explain whether investment or a promise for future investment 
by a potential supplier in a "relevant area " can be taken into account when as sessing the 
economic, social, and environmental well -being of the relevant area for a particular 
procurement?  
d. Can the United Kingdom explain the steps it is taking to ensure that the focus on social 
benefit or improvement of social well -being does not serv e as restriction on international 
trade?  GPA/ACC/GBR/8  
 
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  2. In its response to Question 1.2 ., the United Kingdom notes that Scotland has adopted a 
similar sustainable procurement duty in the Procurement Reform (Scotland) Act 2014 and the 
Procurement (Scotland) Regulations 20 16. This duty appears to require the consideration how 
conducting the procurement process might improve the economic, social, and environmental well -
being of the relevant area, as well as facilitate the involvement of SMEs. Can the United Kingdom 
explain h ow Scotland facilitates the involvement of SMEs in practice?  
3. In its response to Question 1.3 ., the United Kingdom notes that the Trade Bill provides 
power to any Minister of the Crown or devolved administration to make regulations for the purpose 
of implem enting the GPA. Can the United Kingdom please explain the process for making new 
regulations under the power granted by the Trade Bill?  
2  SCOPE AND COVERAGE  
4. In its response to Question 2.4 ., the United Kingdom notes that its market access offer 
provides an  indication of the types of Annex 3 entities covered by the UK 's GPA offer. Can the 
United Kingdom indicate whether there are any entities covered by PCR 2015 or PCSR 2015 that 
are Annex 3 -type entities but not included on the UK market access offer?  If yes, please provide a 
list of the entities covered by PCR 2015 or PCSR 2015 but not listed.  
3  NON-DISCRIMINATION  
5. In its response to Question 3.2 ., the United Kingdom states that there were no provisions in 
the UK legislation that accorded domestic goods, serv ices and suppliers more favorable treatment 
than non -domestic goods, services and suppliers in procurements c overed by the UK's GPA offer. 
Can the United Kingdom provide information on any national or local provisions that establish a 
preference for domest ic goods, services and suppliers in procurements not covered by the UK 's 
GPA offer?  
5  ELEMENTS SPECIFIC TO  PROCUREMENT PROCEDUR ES 
6. In its response to Question 5.1 ., the United Kingdom describes the light touch procurement 
procedure, noting that it applies for  social and other specific services above a threshold of 
£615,278. Can the United Kingdom provide a list of the "social and other services " that can use 
the light touch procurement procedure?  
7. In its response to Question 5.4 ., the United Kingdom note that the technical specifications 
may reference (in order of priority): national standards transposing European standards, European 
Technical Assessments, common technical specifications, international standards, other technical 
reference systems established by  the European standardization bodies, or when none of these 
exist, national standards, national technical approvals or national technical specifications relating 
to the design, calculation and execution of the works and use of the supplies. Can the United 
Kingdom explain how this aligns with the requirements under Article X :2.b.? 
6  INFORMATION  
8. In its response to Question 6.3 ., the United Kingdom notes that the notices of intended 
procurement must generally include information on tendering for lots where a contract is going to 
be subdivided into lots. The United Kingdom does not provide any additional information on how 
contracts are divided into lots.  
a. Please explain how the decision is made to divide a contract into lots and the decision to 
limit a maximum number of lots to a particular supplier. Who is empowered to make a 
decision, and is there any guidance developed by the United Kingdom on when decisions 
are made?  Does this requirement apply only to the procurement of goods or does it also 
apply to the pr ocurement of services?   
b. As part of bidding for several or all of the lots in a given procurement, does a supplier 
have to submit one bid per lot, or would a single bid be acceptable for several or all lots?  GPA/ACC/GBR/8  
 
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  c. Has the United Kingdom studied how smaller contra ct sizes may affect the level of 
interest from foreign suppliers?  
d. What steps does the United Kingdom take to ensure that division into lots does not serve 
as a restriction on international trade?  
9. In its response to Question 6.5 ., the United Kingdom notes t hat contracting authorities and 
contracting entities are required to publish notices of contract award within 30 days of the date of 
award by sending information to the EU Publications Office for publication in the Official Journal of 
the European Union. T he United Kingdom notes that in any event, the United Kingdom intends to 
continue to require publication of notices on a suitable platform post exit. Does the United 
Kingdom intend to continue to use the EU 's Tenders Electronic Daily system to publish contract 
award notices as well as other notices (such as the notice of intended procurement)?  
10. Question 6.7 . deals with information given to unsuccessful tenderers regarding reasons why 
a tender was not selected. In its response, the United Kingdom notes th at it does not provide a 
notice to all bidders under a limited set of circumstances (including when there is a sole bidder or 
when a contract is awarded under a framework agreement). Do these exceptions also apply to 
publishing a contract award notice, or are there other reasons that the United Kingdom may not 
publish a notice of contract award?  
11. As noted above, Question 6.7 . deals with information given to unsuccessful tenderers.  
Question 6.8 . is about providing information to interested GPA Parties.  The Un ited Kingdom 
response to Question 6.8 . cites the response to Question 6.7.  However the UK response to 
Question 6.7 . refers to "economic operators who participated in the procurement process " and not 
GPA Parties.  Can the United Kingdom specify the procedure s that UK government will have in place 
to ensure, as foreseen in Article XVII:1 of the Agreement, the prompt provision to any other GPA 
Party, on request, of any information necessary to determine whether a procurement was 
conducted fairly, impartially an d in accordance with the Agreement, including information on the 
characteristics and relative advantages of the successful tender?   
 
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