The Article 5.5 of the Standard Procurement System (SPS) Agreement is a fundamental provision that plays a critical role in ensuring fair competition in government procurement processes. This provision obligates participating countries to establish and maintain a transparent and predictable procurement regime that provides equal opportunities to domestic and foreign suppliers.
The primary objective of the Article 5.5 of the SPS Agreement is to ensure that all suppliers, regardless of their nationality, have access to government procurement contracts on a fair and transparent basis. This provision also requires participating countries to provide non-discriminatory treatment to all suppliers, both domestic and foreign, in accordance with the principles of the World Trade Organization (WTO).
Under the SPS Agreement, participating countries must establish and maintain a reliable and efficient procurement system that complies with international standards. This includes establishing clear rules and procedures for the publication of procurement notices, the evaluation of bids, and the award of contracts.
Additionally, the Article 5.5 requires participating countries to ensure that their procurement system is subject to review and oversight by independent bodies, such as courts or administrative tribunals. This ensures that any complaints or grievances related to procurement decisions can be resolved fairly and efficiently.
Overall, the Article 5.5 of the SPS Agreement is essential in promoting fair competition in government procurement and ensuring that all suppliers have equal opportunities to participate in procurement processes. It also plays a critical role in promoting transparency and accountability in procurement processes, which helps to prevent corruption and promote good governance.
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