Gu Liaohai: Australian inspiration brought by GPA (15)

Gu Liaohai/Wen

Australian final offer

At the request of the Australian delegation, the Government Procurement Commission distributed the final offer of Australia's application to join the "Government Procurement Agreement" and proposed on March 7, 2018. In this final offer, the first Australia was a brief explanation of joining the Government Procurement Agreement. After that, there were three parts in the final quotation of Australia. One was the threshold amount of the contract, covering the threshold amount of goods, engineering and services; "part.

In the following, I mainly introduce the first point of Australia in Australia, Australia's explanation of the GPA; then, I will introduce, analyze and comment on the content of the three parts of Annex I. The final offer of Australia's Annex 2 to Annex VII, I was recommended and evaluated in conjunction with the corresponding content of each attachment in the introduction and analysis of each subsequent manuscript.

Australian description of joining GPA

Australia is honored to submit the final market access submission to members of the World Trade Organization Government Procurement Agreement. Australia thanks to the constructive participation of members of the GPA, comments on Australia's previous bids, and support for Australia to join GPA. The final market access offer this time provides a comprehensive market access level for Australian goods, engineering and services. Similar to the scale provided by most members of the "Government Procurement Agreement", including the central government entity and the central lower -level institution (later The entity of the person will start and analyze in detail in the subsequent manuscript).

Australia's high -quality offer reflects the openness and transparency of the Australian government procurement framework. It highlights the: negative list of services, which means that Australia's service coverage is among the best in the "Government Procurement Agreement"; Partnership, that is, PPP, but the application of PPP here far exceeds the so -called "government and social capital cooperation" project in China; Australia's submission book surpasses the most ambitious in Australia and any member of the "Government Procurement Agreement". Trade commitment. This includes bilateral free trade agreements with the United States, Japan, South Korea, and Singapore, and a commitment reached in the cross -Pacific partnership framework.

Australia's final offer this time is not affected by similar market access provided by other parties. Australia is retained at any time before or partially or partially revised or reduced the proposal rights before the end of the negotiations. Australia reserves the right to correct any errors or omissions.

The contract threshold for Australian Annex I

The contract threshold, also known as the procurement threshold, means that the amount of goods, engineering and services reaches or exceeds a certain threshold standard, and will be subject to the corresponding rules. From the perspective of the GPA member threshold, setting different threshold amounts often have different levels of effects and significance. At the domestic level, the different threshold amount often involves the implementation and promotion and application of many socio -economic policies, as well as the selection of different procurement tools. At the international level, if the amount of threshold agreed on the international trade agreement cannot be reached, the international rules of GPA may not be applicable.

There are currently 48 members of the GPA, and most members are basically the same in the contract threshold set in its Annex 1. However, there are also inconsistent situations.

For example, if the central government entity in Japan Annex I, the contract amount of goods and services reaches or exceeds 100,000 special withdrawal rights, and the contract amount of the construction engineering contract reaches or more than 4.5 million special withdrawal rights will be under the jurisdiction of the GPA.

And another GPA member Auduba, there is a similar phenomenon as Japan. The amount of contract threshold for goods and services is exactly the same as Japan and Japan is also 100,000 special withdrawal rights. However Right.

Among the 48 members of the GPA, except for Japan and the lotus, Aruba, the amount of accessories of the remaining 46 members in terms of goods or services are basically the same, all of which are 130,000 special withdrawal rights; and construction projects Usually 5 million special withdrawal rights.

As far as Australia is concerned, the procurement threshold for the first quotation of goods and services is 130,000 special withdrawal rights; while construction engineering is 5,000,000 special withdrawal rights.

The contract amount of the central government entity in Australia's final offer is 130,000 special withdrawal rights, which is equivalent to Australia's domestic currency $ 256,000. Australian currency is $ 9,861,000, and the current report is 1.972 exchange rate.

In Australia's first and second revised attachments and remarks, no matter whether it is goods, engineering or services, the threshold of the central government's entity has not changed.

Because the thresholds applied by most members of the GPA are not too different and differences, in the dozen articles in front of me, there is no discussion and discussion and threshold for goods, engineering and services applied by the Australian central government entities. According to analysis, there is no comparison or analysis of the contract threshold of other members of the GPA.

The final entity of Australian Annex I

All entities in Australia's Final Quotation Appendix I have not changed the same as the number of the third offer. They are all 64 central government entities. In the nineteenth position, the "Old Congress Building" did not appear in the entity list of Annex I as the "central government entity". It is estimated that it is arranged in the entity list of Annex III in Appendix 1. Because the "other entities" of Annex III involve the same type of entity with the largest content and the largest controversy, so I will arrange and analyze Annex III in the subsequent manuscript in detail in the subsequent manuscript. Considering that in the above article, all the entity lists of Australian Annex I have been listed, this article no longer repeat the content of the final quotation of 64 entity lists. After introducing all the contents of Annex 2 to Annex 7, I will introduce the contents of the seven accessories of Australia through the confirmation of the confirmation of the GPA contracts. Remarks of Australian Annex I

Announcement of Annex I is similar to the previous descriptions, but it is still a bit different. Considering that this content is more important and controversial. I still sorted it up below and explained all of them. Especially for subsequent European Union letters, the EU delegation will once again put forward comparative opinions and doubts about this part.

Explanation of Australian Annex I:

1. GPA only covers the entity listed in this attachment, including the office in the entity listed.

2. Until January 1, 2019, the GPA does not include any physical vehicle procurement of any entity listed in this attachment.

3. GPA does not include the Australian Government Lawyers Bureau or its purchasing.

4. Department of Defense:

a. Due to the provisions of Article 3, paragraph 1 (safety and general exception), GPA does not include the following goods purchased by the Australian Ministry of Defense:

Federal supply code and its number FSC10, product name: weapon; weapon;

Federal supply code and its number FSC12, product name: fire protection equipment; fire equipment;

Federal supply code and its number FSC 13, product name: ammunition and explosives;

Federal supply code and its number FSC 14, product name: missile; missile;

Federal supply code and its number FSC 15, product name: airplane and body structural components;

Federal supply code and its number FSC 16, product name: aircraft components and accessories;

Federal supply code and its number FSC 17, product name: aircraft launch, landing and ground operation equipment;

Federal supply code and its number FSC 18, product name: spacecraft;

Federal supply code and its number FSC 19, product name: ships, boats, floating bridges and floating docks;

Federal supply code and its number FSC 20, product name: ship and marine equipment;

Federal supply code and its number FSC 23, product name: vehicle, car, trailer and bicycle;

Federal supply code and its number FSC 28, product name: engine, turbine and parts;

Federal supply code and its number FSC 29, product name: engine accessories; engine accessories;

Federal supply code and its number FSC 31, product name: bearing.

Federal supply code and its number FSC46, product name: water purification and sewage treatment equipment;

Federal supply code and its number FSC48, product name: valve;

Federal supply code and its number FSC49, product name: maintenance and repair workshop equipment;

Federal supply code and its number FSC54, product name: prefabricated structure and scaffolding;

Federal supply code and its number FSC58, product name: communication, detection and related radiation equipment;

Federal supply code and its number FSC59, product name: electrical and electronic equipment parts;

Federal supply code and its number FSC60, product name: fiber optical materials, components, components and accessories;

Federal supply code and its number FSC61, product name: wire, electricity and power distribution equipment;

Federal supply code and its number FSC63, product name: alarm, signal and security detection system;

Federal supply code and its number FSC66, product name: instrument and laboratory equipment;

Special metals without any code.

For the codes and goods listed in the aforementioned attachment, Australia explained that whether the goods include within the scope of this annotation, it should be determined based on the instructions provided in the above columns. Australia's code category and its listed products are roughly comparable to the complete list of US Federal supply codes and their goods.

The B submissions of the above products are:

According to the "safety and general exceptions" stipulated in GPA, in accordance with Article 3 of the Government Procurement Agreement, the "Government Procurement Agreement" does not include the following services. There are detailed instructions; in addition to existing explanations, the previous sub -item B has the following four descriptions to exclude:

(1) The design, development, integration, testing, evaluation, maintenance, repair, modification, reconstruction, and installation of military systems and equipment, which is roughly equivalent to the relevant parts of American product service code A J;

(2) Operating all the facilities of the government is equivalent to the American product service code m;

(3) Space Services (AR, B4 and V3); and

(4) Support services for overseas military forces.

The sub -items of the above product C are as follows:

The Government Procurement Agreement does not include the National Defense Intelligence Organization Bureau, the Australian Signal Bureau or the Australian Geographical Space Intelligence Agency or the purchase of goods and services on behalf of it. The Demon D item of the above products is as follows:

Regarding the "general principle" of Article 4 of the Government Procurement Agreement, in accordance with the non -discrimination principles of Article 4 and 2 of the Government Procurement Agreement, the Australian government has reserved the "security and general exceptions" of GPA in the Australian government In accordance with Article 3 of the Government Procurement Agreement, the right to support the Australian industrial capacity plan and its subsequent plans and policies.

Australia responds to Ukraine

On the same day of the final offer, Australia made a corresponding response to Ukraine's third bid in Australia.

At the request of the Australian delegation, the government procurement committee distributed the date of March 7, 2018, which is below the Australia, that is, Australia made a comment on Ukraine's second amendment (or the third quotation) for its second revision (or the third quotation). reply.

For the central government of Annex 1

question:

Ukraine thanked Australia for adding two central government entities in its accessories 1 and Annex 3 Middle School, namely the "Australian Transport Safety Agency" and the "Old Congress Building" of Annex III. The Australian central government entities with framework constraints are included in the central government entity indication list? If some central government entities are not clearly included in the list, can Australia provide reasons for it?

reply:

The entity list of Australian Annex 1 and Annex III represents a list of central government entities restricted by the Australian government procurement framework. Australia's initial and subsequent offers were very comprehensive, reflecting Australia's openness, non -discrimination and transparent government procurement framework. Australia's second revision offer now covers all entities in the trade agreement between Australia and the United States, Japan, South Korea, and Singapore, and all entities in the cross -Pacific partnership agreement.

Australian reply EU letter

On the same day of the final offer, Australia answered the EU's comments on the EU's second amendment offer. Australia thanked the European Union for comments and their encouragement to submit the final submission of the final submission of Australia. The service quality provided by Australia is very high, compared with the services provided by other members of GPA: Australia's negative list of services means that Australia provides one of the best service coverage among GPA members, covering all architectural services It also includes public -private partnership (PPP project); Australia has high physical coverage at the central and below levels.

Question one:

The European Union noticed that Australia has made some amendments to the previous offer, and the final offer has improved in some ways. The European Union welcomes the addition of two central government entities, namely the Australian Transport Safety Agency and the Old Congress Building of the Annex III.

The EU welcomes the withdrawal stages. From January 1, 2019, the exception of motor vehicles of the central government entity (that is, institutions in Annex 1) and other entities (institutions in Annex III). Show. However, the European Union noticed that the cancellation of the exemption of motor vehicles in stages does not involve government entities in Annex II (the detailed introduction and specific response of this part, I will stay in subsequent manuscripts for narrative and analysis).

The retention of motor vehicles is still included in the Australian capital, New South Wales, Queensland, South Australia and Victoria. There seems to be no car production in the remaining three areas. The European Union believes that gradually cancel the exception will not bring any substantial improvement to the local government entity (as far as the entity of attachment two). Therefore, the European Union welcomes Australia to make further explanations.

Answer 1:

Australia has prepared the exception of the central government entity and other entities (institutions of Annex III) in the central government of Annex 1. Australia has never been in the trade agreement before. The maintenance of some institutions below the central government reflects the continuous sensitivity of procurement. Australia has deleted annotations from Annex VII, which has improved the market access of GPA members to purchase motor vehicles in three states and regions without comments.

Question 2:

At the central government entity, the EU welcomes the Australian Transport Security Agency to join. There are currently 64 central government entities. The European Union reviewed its requirements in the preliminary proposal aimed at the preliminary proposal of the central level entity. For the initial and subsequent amendments of Australia, the EU reviewed its requests in the preliminary proposal designed to comprehensively cover the central level entity.

Answer 2:

Australia's initial and subsequent offers were very comprehensive, reflecting Australia's openness, non -discrimination and transparent government procurement framework. Australia's second revision offer now covers all entities in Australia, the United States, Japan, South Korea, Singapore, and the cross -Pacific partnership agreement.

Problem three:

The explanation of the procurement of motor vehicles was retained, but it was only retained until January 1, 2019. The EU welcomes Australia to improve this situation. In the "Dan Book" 4, the scope of item A of the Ministry of National Defense has expanded, and it is included in the "engine, turbine and components" in the list of goods, and the agreement does not include the procurement of the Ministry of National Defense. The EU reviews that this provision has been canceled before. Seeing the comparison between Australia's initial offer and the second offer (revised quotation) requires Australia to clarify why this regulation is re -introduced. Answer 3:

Due to the format of the format of the Australian delegation's secretariat, the format of Australia on September 30, 2016, the federal supply code and its number FSC 28, the product name: engine, turbine and components "on September 30, Australia. One line. The Australian delegation released a corrected report document to the Government Procurement Commission on October 14, 2016 to correct this omissions at work.

Question 4:

The European Union pointed out that the exceptions of Australia's "Daniel" should be restricted because they narrow the scope of the "Government Procurement Agreement". Therefore, the European Union reviews its requirements for Australian Annex 3, as well as the Annex 1 Release 4.A, 4.B, 4.D (calculated based on the current number).

Answer 4:

Regarding the Annex 1 Release 3, the Submissions on June 2, 2017, China Remarks 2, which is related to the Australian Government Lawyer Bureau. The Lawyers Bureau has been absorbed by the Australian Chief Prosecutor on July 1, 2015. The functions of the Australian Government Lawyers are not subject to the obligation of the Australian government procurement framework and cannot become part of the government procurement offer in the Australian trade agreement. The 4.A, 4.B, and 4.D comments on the quotation on June 2, 2017 are related to the Ministry of National Defense. It is required by the Australian government and is included in all Australian trade agreements with government procurement obligations.

Inspiration of negotiated Annex I

Australia was an application for joining GPA on June 2, 2015. At that time, my country was on the way to join GPA during this time. On the WTO official website, there is a document of the 2015 work report of the Government Procurement Commission. This report section 3.2 introduces the process of China's joining GPA for 8 years:

China applied to join the "Government Procurement Agreement" on December 28, 2007, and distributed its initial offer to the GPA contracts on January 7, 2008. Since then, China has distributed five more offers, and the government procurement committee has repeatedly discussed China.

All parties of the GPA have repeatedly emphasized that they attach great importance to China's joining the GPA, and also stated that the negotiations can only be completed on the basis of the coverage provided by other parties provided by the "Government Procurement Agreement" in China. The importance has also been repeatedly emphasized.

In my memory, the conflict between the two laws of the two laws in parallel for more than 20 years in parallel for more than 20 years, the "Bidding and Bidding Law" and the "Government Procurement Law", has been the focus of the attention of all parties in GPA for many years.

On January 5, 2015, the government procurement committee distributed the fifth amendment coverage of China's revised coverage to the GPA contract. On February 11, 2015, June 3, 2015, and September 16, 2015, all parties of the GPA conducted a substantial discussion on the offer of my country.

During the discussion on February 11, 2015, although the GPA Contracting Party acknowledged that compared with the previous time, the content of the Chinese offer this offer has been greatly improved, but it is pointed out that the expectations of this offer and the GPA contractor's expectations There are still some major gaps.

The Chinese side informs the committee that the fifth amendment offer includes all the substantial concessions that they have made under the current conditions, but they are willing to clarify the proposed exception according to the requirements of the contract.

At the committee meeting held on June 3, 2015, China made three related views:

(I) China intends to join the GPA as soon as possible. China's early joining is beneficial to everyone;

(Ii) China is willing to join the GPA to continue communicating with all parties and seek solutions;

(III) China hopes that the GPA parties will adopt a pragmatic attitude towards its offer to accelerate its additional process. The importance of all parties in GPA put forward constructive suggestions and encouragement.

Subsequently, Canada distributed specific opinions on the fifth amendment offer on June 19, 2015. During the informal discussion of the committee on September 16, 2015, China reiterated its promise to join the GPA and hoped to maintain a public dialogue with the contractor. At the same time, it stated that the further expansion of the coverage will depend on future reforms that are unpredictable. It asked each contract to accept the fifth revised quotation of China and let China join the GPA in the near future is the best choice, but there is an understanding that over time, China's coverage will be further improved. All parties appreciate China's continued participation, and at the same time, it is clear that China still needs to make further major efforts before China joining the GPA. Many contractors urged China to submit its sixth revised market access quotation in 2016.

In the 2nd of "Australian Inspiration from Australia to GPA", the 2nd will talk about Australia's submission of the initial bidding list attachment 1 and its remarks. Until today's manuscript, I have always introduced, analyzed, and comment on the central government entities and its Australian offers and their own entities and their own entities. "Dan Book", many GPA parties raised in the negotiations. I habitually look at the attachment of the central government in the early years of the opinion of the opinion person to fully express the opinions, and first of all, the corresponding discourse power basis must be possessed. Although I have not participated in the negotiation work, for any country and region who want to join GPA, the basic work that wants to achieve or complete the task goal is to know and know each other. Before mentioning it, we can better communicate with each other. In the past manuscripts, almost every article would think of corresponding inspiration, but there were more content involved, and there was no prompt one by one to enlighten our relevant departments. After completing the narrative of the GPA Attachment I of the Central Government entity, I personally think that the following content may have a corresponding revelation for my country's practical departments and legislators and research institutions: one is that the GPA seductive public market is worth more worthy People pay attention to; the second is the legislative significance of the GPA contract threshold standard; the third is the diversity of the GPA public entities challenging our public contract legislation; the fourth is that the government procurement structure in FTA is thoughtful; Social and economic policies in GPA are worth learning from, and so on.

(To be continued, please continue to pay attention)

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