RESTRICTED  
  
GPA/TN1994/6  
 
16 December 2010  
(24-2643) Page: 1/5 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994    
 
* Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs351) was derestricted on 8 November 2023.  
DRAFT DECISIONS OF THE COMMITTEE ON GOVERNMENT PROCUREMENT  
RELATING TO FUTURE WORK PROGRAMMES * 
NOTE BY THE SECRETARIAT  
Attached for further consideration by delegations are the texts of the draft decisions relating to 
Future Work Programmes that were discussed in the informal sessions on government procurement 
on 9, 10 and 13 December 2010. These texts are expected to be the subject of further discussion 
at the Committee's planned session in the week of 28 February – 4 March 2011.  
 
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  GPA/TN1994/6  
 
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  PROPOSED DECISION  
OF THE COMMITTEE ON GOVERNMENT PROCUREMENT  
ON ADOPTION OF WORK PROGRAMMES,  
PURSUANT TO ARTICLE XXII OF THE REVISED GPA  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 
 Noting  that Article XXII:( Future Work Programmes ) sets out a list of future work programmes 
[that the Committee shall undertake to facilitate] [with the aim of facilitating] the negotiations 
provided for in Article XXII:( Future Negotiations ) of the Agreement and  the implementation of the 
Agreement;  
 
 Noting that Article XXII:( Future Work Programmes ) requires the Committee to adopt a 
Decision with a list of additional work programmes, [which shall be reviewed and updated 
periodically];  
 
 Hereby  adopts the followin g work programmes:  
 
 (a) a review of the use, transparency and the legal frameworks of public -
private partnerships, and their relationship to covered procurement;  [and]  
 
[(b) level of thresholds and their possible harmonization]SGP,HKC,CT,SWI [; and 
 
 (c)  the treatment of electronic notices of changes to domestic legislation]CDA. 
 
[The Committee shall periodically review this list of programmes and make appropriate 
adjustments.]  
 GPA/TN1994/6  
 
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  PROPOSED DECISION  
OF THE COMMITTEE ON GOVERNMENT PROCUREMENT  
ON THE FIRST WORK PROGRAMME,  
PURSUANT TO ARTICLE XXII : [FUTURE WORK PROGRAMMES]  
OF THE REVISED GPA  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 
 Noting that Article XXII :(Future Work Programmes ) of the Agreement on  Government 
Procurem ent provides that the Parties shall adopt and periodically review a work programme;  and 
 
 Recognizing the importance of facilitating the participation of small and medium and minority 
enterprises (SMEs) in government procurement;  
 
 Hereby  adopts the following work programme with respect to SMEs:  
 
1. Establishment of Working Party for SMEs : Upon the entry into force of the Revised GPA, 
the Parties shall establish a Working Party for Small and Medium and Minority Enterprises (SME WP) 
to unde rtake an examination of the measures and policies that the Parties use to assist, promote, 
encourage, or facilitate participation by SMEs in government procurement.  
[Immediate action  
 
2. Standstill  
 Parties undertake not to introduce additional specific pr ovisions favouring only domestic SMEs 
and to discourage the introduction of such measures by acceding Parties.]SWI,SGP,EU,NOR,LIE,CT,CDA [Such 
a standstill commitment is important to give the GPA Parties the credibility and the legitimacy not 
to accept new  reservations and set -aside measures proposed by WTO Members seeking GPA 
accession to address the access of SMEs through measures which are not compatible with the non -
discrimination and national treatment commitments of the GPA.]SWI,SGP,EU,NOR,LIE,CT  
 
3. Transparency Programme  
[(a) Information to the Committee : The Parties who maintain a set -aside for SMEs shall 
inform the Committee about the relevant legal framework and any changes thereof, 
the performance, and the impact of these set -asides on the covered 
procurement.]EU,NOR,SGP,LIE  
 
[(b) Pursuant to Article XXII:( Future Negotiations ) the Parties concerned shall inform the 
Committee about the performance of the SME set -asides and the impact on the 
covered procurement at the formal Committee.]EU,NOR  
 
[(c) SME Survey : The SME WP shall survey the Parties, through the use of a 
questionnaire seeking information regarding the measures and polices used to 
assist, promote, encourage, or facilitate participation by SMEs in [covered]CT 
government procur ement.  The questionnaire should seek information from each 
Party regarding:  
 
(i) a description of the measures and policies used by the Party, including the 
economic, social, and other goals of the measures and policies and how they 
are administered;  
(ii) how the P arty defines SMEs;  
(iii) the extent to which the Party has specialized agencies or institutions to assist 
SMEs;  GPA/TN1994/6  
 
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  (iv) the level of participation in government procurement in terms of both value 
and number of contracts awarded to SMEs;  
(v) a description of SME subcontracti ng measures and policies, including 
subcontracting goals, guarantees, and incentives;  
(vi) facilitation of SMEs participation in joint bidding (with other large or small 
suppliers);  
(vii) measures and policies focused on providing opportunities for SMEs to 
participat e in government procurement (such as enhance transparency and 
availability of government procurement information to SMEs;  simplifying 
qualifications for participation in tendering;  reducing contract sizes ; and 
ensuring availability of contracts suitable to  SMEs ); 
(viii)  measures and policies to alleviate the administrative burden on SMEs to 
participate in government procurement;  
(ix) measures and policies ensuring timely payments for deliveries of goods and 
services;  
(x) measures and policies that allow SME participation t o be taken into 
consideration in government procurement;  and 
(xi) the use of government procurement measures and policies to stimulate SME 
innovation.]US,SWI,CT,CDA,JPN,KOR 
(d) Compilation of SME Survey by WTO Secretariat : The WTO Secretariat shall  compile 
the answers submitted by the Parties into one document and circulate to the Parties.  
 
(e) Exchanges Among Parties on SME Questionnaires : Upon completion of the  survey, 
the SME WP shall establish a period for the exchange of questions, requests for 
additional information, and comments on the questionnaires of the other Parties.  
 
4. Assessment of Results of SME Survey  
 
 The SME Working Party should identify the most effective measures and policies for promoting 
the participation of SMEs in government procurement.  
 
[Two years after the coming into  force of the revised GPA  
 
5. Implementation of results of transparency exercise  
 (a) Specific clauses in favour of domestic SMEs would also apply to SMEs 
located in other Parties to the GPA when the relevant conditions specified in national 
legislations are met.  
 
 (b) In the context of the negotiations called for under Article XXII, phasing out 
of specific clauses in favour of SMEs, based on the results of the transparency 
exercise.  
 
 (c) Identificati on of residual measures and regimes favouring SMEs which cannot be 
eliminated at the end of the examination under point 2. For these measures, a 
mechanism of notification will apply.]SWI,SGP,EU,NOR,LIE,HKC 
 
[Four years after the coming into force of the re vised GPA  
 GPA/TN1994/6  
 
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  6. Review  
 Implementation of a survey, to be carried out under the authority of the Committee based on 
inputs provided by Parties, with the objectives of verification of the access of SMEs and the 
identification of any remaining specific discriminatory clauses in favour of SMEs.]SWI,EU,NOR  
 
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