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Public
FTAA.soc/civ/07
January 24, 2002

Original: Spanish
Translation: FTAA Secretariat

FTAA - COMMITTEE OF GOVERNMENT REPRESENTATIVES ON THE PARTICIPATION OF
CIVIL SOCIETY

CONTRIBUTION IN RESPONSE TO THE OPEN AND ONGOING INVITATION


Name (s) Antonio Estrany y Gendre
Organization (s) Red Empresarial de Integración Hemisférica (REIH)
Country Argentina

Conclusions

VI BUSINESS FORM OF AMERICAS
GOVERNMENT PROCUREMENT WORKSHOP
 

MAIN ISSUES

1) The companies in the Hemisphere aspire to unlimited access to government procurement processes in all Member countries. They also propose lo open up the market at the level of national and sub-national governments, subject lo the ratification by sub-national authorities of each one of the member countries, as required by their internal political organization.

For this purpose:

Transparent mechanisms for government procurement, must be guaranteed.

The adoption of challenge and dispute settlement mechanisms in accordance with due process principles, is also recommended.

AGREED RECOMMENDATIONS

1) The workshop ratifies the recommendations for government procurement issued by the 1998 and 1999 ABFs.

2) The need to reach an agreement that comprises all goods and services, including the construction and concession f public infrastructure in all Member countries, is stressed. lf lists of exceptions exist, these should be as short as possible.

3) FTAA Member countries will agree to grant national and most-favored-nation treatment to goods, services, construction and suppliers from Member countries.

4) To ensure transparency in government procurement, it is essential to publish, extensively distribute and provide information on the laws, policies, rules and practices in each country in a complete, credible and timely manner, including electronic format.

5) Objective criteria for government procurement procedures and the awarding of bids based on pre-established and equitable criteria, is of key importance.

6) The FTAA Agreement must honor the preferences stated in existing sub-regional agreements.

7) Contract thresholds based on the economic situation of the member countries must be established. The recommended mechanisms include differential thresholds according to the object, the complexity of the contracting process and a separation of the technologies, which requires a segmentation of the offer.

8) A recommendation to provide on-going training and the updating of government authorities responsible for government procurement procedures, including the adoption of a code of conduct for said officials, is also recommended.

9) Lastly, standard criteria to create a register of suppliers in the member states and acknowledge their status as such in other member states, is recommended.

BUSINESS FACILITATION MEASURES

1) The adoption of government procurement laws similar to the model developed by the United Nations Commission on International Trade Law (UNCITRAL) or other similar intergovernmental bodies, respecting the principles agreed in all prior workshops, is recommended.

2) The States are urged to adopt as early as possible the recommendations on transparency proposed by this working group without modifying the principle of "single undertaking" for approval, as defined in FTAA.

3) The elimination of the requirement of "certification by consular authorities" for tender documents in the member states that still maintain this requirement, is recommended.

4) Technical and financial assistance from the World Bank, the Inter American Development Bank and other international financing bodies, is recommended to facilitate the adoption of the business facilitation measures.

Authorities of the Workshop

Chairman: Alfredo Moreira
Vice-Chairman: Macarena Velasco
Rapporteur: Julio Elmer Blanco
Vice-Rapporleur: Enrique Carrier
Technical Assisíanl: Eduardo Yánez

 
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