Initial Offer Workshop

1
Initial Offer Workshop
GPA Initial Offer Step by Step Content and
Requirements in Practice Tajikistan's
negotiations
Karen Brutyan Consultant London, U.K. 9-10
December 2014 
2
Accession process Step by Step

• Proposed steps for Tajikistan
• Establish the working group
• Gap analysis and system assessment, legislative
  compliance
• Preparation of the Initial offer
• Submission of the Initial offer, Negotiations,
  Revised and Final offer (s)
• Decision on accession and Ratification

3
The working group

• Can be established by the Prime Minister
• Responsible for the
• WTO GPA negotiations
• Gap analysis and system assessment
• Legislative changes
• All parties are represented
• Ministry of Economy
• Ministry of Finance
• Procurement agency
• Ministry of Justice
• Others (If needed)

4
Gap analysis and system assessment

• Prepare
• Analysis of the Tajikistans Public Procurement
  Law and Implementing Decree vis-à-vis the WTO
  GPA
• Check list of issues of the WTO GPA
• Legislative changes
• Possible external partners
• EBRD,
• WB,
• SIGMA
• Other donors

5
Preparation the Initial offer Questions to be
answered!

• ANNEX 1 Central Government Entities
• Thresholds
• Goods SDR 130,000, Services SDR 130,000
  Construction Services SDR 5,000,000
• List of Entities . Notes to Annex 1
  ...
• ANNEX 2 Sub-Central Government Entities
• Thresholds
• Goods SDR 200,000, Services SDR 200,000
  Construction Services SDR 5,000,000
• List of Entities . Notes to Annex 2
  ...
• ANNEX 3 Other Entities
• Thresholds
• Goods SDR 400,000, Services SDR 400,000
  Construction Services SDR 5,000,000
• List of Entities . Notes to Annex 3
  ...

6

• ANNEX 4 Goods
• This Agreement covers the procurement of all
  goods procured by the entities listed in
  Annexes 1 through 3, unless otherwise specified
  in this Agreement. OR Unless otherwise
  specified and subject to paragraph 2, this
  Agreement covers all goods.
• Insert list of goods for non-sensitive defence
  procurement with reference to a suitable
  classification system. Reference Description
• Notes to Annex 4 ...
• ANNEX 5 Services
• This Agreement covers the following services,
  which are identified in accordance with the
  United Nations Provisional Central Product
  Classification (CPC Prov.) as contained in
  document MTN.GNS/W/120 Description CPC Prov.
  Reference No.
• Notes to Annex 5 ...
• ANNEX 6 Construction Services
• List of Construction Services (Division 51, CPC
  Prov.) Unless otherwise specified, this
  Agreement covers all construction services
  identified in Division 51 of the United Nations
  Provisional Central Product Classification (CPC
  Prov.) which is found at http//unstats.un.org/un
  sd/cr/registry/regcs.asp?Cl9Lg1Co51.
• Notes to Annex 6 ...

7

• ANNEX 7 General Notes
• This Agreement does not cover
• Appendix II
• ELECTRONIC OR PAPER MEDIA UTILIZED BY PARTIES FOR
  THE PUBLICATION OFLAWS, REGULATIONS, JUDICIAL
  DECISIONS, ADMINISTRATIVE RULINGS OF GENERAL
  APPLICATION, STANDARD CONTRACT CLAUSES, AND
  PROCEDURES REGARDING GOVERNMENT PROCUREMENT
  COVERED BY THIS AGREEMENT PURSUANT TO ARTICLE VI
  
• Legislation .
• Judicial decisions .
• Appendix III
• ELECTRONIC OR PAPER MEDIA UTILIZED BY PARTIES FOR
  THE PUBLICATION OF NOTICES REQUIRED BY ARTICLES
  VII, IX7 AND XVI2 PURSUANT TO ARTICLE VI .
• Appendix IV
• WEBSITE ADDRESS OR ADDRESSES WHERE PARTIES
  PUBLISH PROCUREMENT STATISTICS PURSUANT TO
  ARTICLE XVI5 AND NOTICES CONCERNING AWARDED
  CONTRACTS PURSUANT TO ARTICLE XVI6 .

8
Submission of the Initial offer, Negotiations,
revised and final offer (s)

• Submission of the Initial offer
• Communication of interest in accession to
  Director-General and Committee on Government
  Procurement
• Initial offer
• Check list of issues and national legislation
• Negotiations
• Negotiations with WTO GPA members. Answers to
  questions. Consultations to be held by the
  Committee.
• In case of Armenia 8 rounds of negotiations have
  been held in Geneva with all member states of the
  WTO GPA.
• Revised Offer (s) and Final Offer, Legislative
  changes if necessary

9
Decision on accession and Ratification

• Decision on accession
• Agreement on terms of accession,
• Submission of Report on legislation and
• Decision by the GPA Committee
• Ratification
• Ratification by the Tajikistans authorities
• Deposit of accession instrument
• Entry into force 30 days later

10
THANK YOU!
QUESTIONS?