For contracts not covered by the WTO GPA or Free Trade Agreements, what must be noted during the acquisition process?

During the acquisition process for contracts not covered by the World Trade Organization Government Procurement Agreement (WTO GPA) or Free Trade Agreements, it is essential to recognize the importance of adequate publicizing. Publicizing refers to the requirement to announce or advertise the contract opportunity in a way that reaches potential offerors, ensuring transparency and competitive bidding. This practice helps in maintaining fairness in the procurement process and allows for a diverse range of bidders to participate, contributing to better value and quality of goods and services.

When contracts fall outside the scope of international agreements like the WTO GPA, there may not be as many specific international trade regulations to observe, but the fundamental principles of public procurement still demand that opportunities are made known to potential suppliers. In many jurisdictions, this could mean placing notices in appropriate publications, using online platforms, or utilizing other means to notify vendors of the opportunity. Adhering to this requirement helps build trust in the procurement process and can lead to more competitive bids.

While local national laws may apply, they do not negate the necessity for publicizing opportunities. Similarly, the notion that no posting is needed contradicts established practices surrounding transparent procurement, thereby emphasizing the necessity of publicizing even when international trade agreements are not in effect.