Title

The Bid Challenge Procedures under the WTO Government Procurement Agreement: A Critical Study of the Hong Kong Experience

Publication Type

Journal Article

Publication Date

2007

Abstract

While there has been an extensive literature on the challenge procedure of the WTO Government Procurement Agreement (GPA) in general, as well as excellent country studies on the operation of the national challenge procedures of several key GPA Members, no such study has been conducted for Hong Kong yet. In the view of the author, even though Hong Kong has a relatively small procurement market, it combines the features of a clean and effective government and a highly internationalised procurement market, and thus makes an interesting subject of study. In this article, the author examines the efforts made by the Hong Kong Government to implement its obligation under the GPA to provide challenge procedures. The article starts by reviewing Hong Kong's participation in the government procurement agreements under the GATT and WTO, and then sets out the general background to the Review Body for Bid Challenges of Hong Kong. In the next section, the article discusses in detail the bid challenge procedures and how such procedural rules have been applied and elaborated through the cases that came before the Review Body. The article concludes by noting that the bid challenge system in Hong Kong generally conforms to its GPA obligations.

Keywords

WTO, Government Procurement Agreement, GPA, Bid Challenge, Hong Kong

Discipline

Asian Studies | International Trade Law | Transnational Law

Research Areas

Law of Transnational Business

Publication

Public Procurement Law Review

Volume

16

First Page

211

Last Page

254

ISSN

0963-8245

Publisher

Sweet and Maxwell

Additional URL

http://ssrn.com/abstract=1008793