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from PART V - Economic and social development (horizontal policies) in government procurement
Published online by Cambridge University Press: 07 September 2011
Introduction
This chapter discusses the relationship between two of the general provisions of the Agreement on Government Procurement (GPA), and the significance of this relationship for the use of public procurement as a policy tool to promote various industrial, social and environmental policies that are not necessarily related to the goods, works or services being acquired. Examples of such policies include providing economic development opportunities for underdeveloped regions, for small and medium-sized enterprises (SMEs), or for disadvantaged social groups. These policies have been variously referred to as ‘secondary’, ‘collateral’ or (as here) ‘horizontal’ policies.
The GPA provisions in question are now contained in Article V.1 and Article III.2 of the draft revised text, as provided below.
Article V General Principles
National Treatment and Non-Discrimination
1. With respect to any measure regarding covered procurement, each Party, including its procuring entities, shall accord immediately and unconditionally to the goods and services of any other Party and to the suppliers of any other Party offering the goods or services of any Party, treatment no less favourable than the treatment the Party, including its procuring entities, accords to:
(a) domestic goods, services, and suppliers; and
(b) goods, services, and suppliers of any other Party. […]
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