Opinion on GPA
Formal guidance of the Ministry for Regional Development on the procedure of contracting authorities/entities in filling in point 1.5, or 1.3 in the form, which is Annex no. 1, 2 and 3, or 4 to the Decree of the Ministry for regional Development no. 240/2004 Coll. on information system of public procurement and on methods of evaluation of tenders pursuant their economic advantageousness.
Inquiry:
Does the Government Procurement Procedure (GPA) apply to this contract?
See point 1.5, or point 1.3 in the form, which is Annex no. 1, 2 and 3, or 4 to the Decree of the Ministry for Regional Development no. 240/2004 Coll. on information system of public procurement and on methods of evaluation of tenders pursuant to their economic advantageousness.
Answer:
Yes, it does, if it is above-the-threshold public supply contract, public works contract or public service contract under Annex 2 to Act no. 40/2004 Coll. on Public Contracts as subsequently amended, and if it is awarded by public contracting authority or sectoral contracting entity.
No, it does not in the other cases.
The Government Procurement Agreement (GPA) is a plurilateral international agreement, concluded among certain Member States (or grouping thereof - European Communities) of the World Trade Organization (WTO). The European Communities are one of 13 parties to the GPA.