WORLD TRADE GPA/105 7 December 2010 ORGANIZATION (10-6567) Committee on Government Procurement
ACCESSION TO THE AGREEMENT ON GOVERNMENT PROCUREMENT OF THE REPUBLIC OF ARMENIA
Decision of the Committee of 7 December 2010
The Committee on Government Procurement,
Having regard to Article XXIV:2 of the Agreement on Government Procurement;
Considering the application for accession to the Agreement on Government Procurement by Armenia contained in document GPA/ACC/ARM/1 of 4 September 2009, and the consultations held with the Parties to the Agreement on Government Procurement in pursuance thereof;
Recalling the requirement under Article XXIV:5(a) of the Agreement on Government Procurement that each government accepting or acceding to the Agreement shall ensure, not later than the date of entry into force of the Agreement for it, the conformity of its laws, regulations and administrative procedures, and the rules, procedures and practices applied by the entities contained in its lists annexed hereto, with the provisions of the Agreement;
Considering the information on Armenia's planned national procurement legislation set out in document GPA/ACC/ARM/11 of 8 November 2010, in addition to Armenia's expressed intention to adopt this legislation and bring it into effect.
Noting also that according to Article 6 of the Constitution of the Republic of Armenia, international treaties are a constituent part of the legal system of Armenia. If a ratified international treaty stipulates norms other than those stipulated in the laws, the norms of the treaty shall prevail. As the Agreement on Government Procurement is an international Agreement to be ratified by Armenia, it will form a constituent part of the legal system of Armenia. In the event that the Agreement stipulates norms other than those provided in the laws, particularly the "Procurement Law" of Armenia, the norms of the Agreement shall prevail.
Decides as follows:
1. In accordance with the provisions of Article XXIV:2 of the Agreement on Government Procurement, Armenia may accede to the Agreement on the terms attached to the present Decision and provided that, before Armenia deposits its instrument of accession:
(a) Armenia adopts and brings into force legislation in conformity with the provisions of the Agreement on Government Procurement as required by Article XXIV:5(a) of the Agreement;
(b) following the adoption of the above-mentioned legislation, Armenia submits, for review by the Committee on Government Procurement, the said legislation together with information regarding its entry into force; and
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(c) the Committee, having reviewed the legislation and related information submitted by Armenia, confirms that Armenia has met the terms and conditions for accession and, therefore, may deposit its instrument of accession.
2. The Agreement on Government Procurement shall enter into force for Armenia on the thirtieth day following the deposit of its instrument of accession with the Director-General, reproducing the terms attached to this Decision and confirming that Armenia has adopted and brought into force the legislation referred to in paragraph 1.
3. Armenia may deposit its instrument of accession within a period of three months of the date on which the Committee has confirmed that Armenia has met the terms and conditions for accession as referred to in paragraph 1(c), or by such later date as may be decided by the Committee.
4. Upon Armenia's accession, the terms attached to its instrument of accession shall become an integral part of the Agreement on Government Procurement as the Appendices, Annexes and notes with regard to Armenia.
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ATTACHMENT*
TERMS OF ACCESSION OF THE REPUBLIC OF ARMENIA
APPENDIX I
REPUBLIC OF ARMENIA
(Authentic in the English Language)
ANNEX 1
Central Authorities which Procure in Accordance with the Procedures of this Agreement
Thresholds:
Goods SDR 130,000
Services (specified in Annex 4) SDR 130,000
Construction services (specified in Annex 5) SDR 5,000,000
List of Entities:
1. Administration of the President of the Republic of Armenia (RA) 2. Administration of the National Assembly of the RA 3. Administration of the Government of the RA 4. Administration of the Constitutional Court of RA 5. Chamber of Control of the RA 6. Judicial Department of the RA 7. Office of the Public Prosecutor of the RA 8. Special Investigation Service of the RA 9. Office of the Human Rights Defender of the RA 10. Central Bank of the RA (Note 2) 11. Ministry of Agriculture of the RA 12. Ministry of Defence of the RA (Note 3) 13. Ministry of Diaspora of the RA 14. Ministry of Economy of the RA 15. Ministry of Education and Science of the RA 16. Ministry of Energy and Natural Resources of the RA 17. Ministry of Finance of the RA 18. Ministry of Foreign Affairs of the RA 19. Ministry of Healthcare of the RA 20. Ministry of Justice of the RA 21. Ministry of Labour and Social Affairs of the RA 22. Ministry of Nature Protection of the RA 23. Ministry of Sport and Youth Affairs of the RA 24. Ministry of Territorial Administration of the RA
* In English only.
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25. Ministry of Transport and Communication of the RA 26. Ministry of Urban Development of the RA 27. Ministry of Culture of the RA 28. Ministry of Emergency Situation of the RA 29. National Security Service of the RA (Note 3) 30. State Security Service of the RA (Note 3) 31. State Revenue Committee of the RA 32. State Committee of the Real Estate Cadastre of the RA 33. State Nuclear Safety Regulatory Committee by the Government of the RA 34. State Property Management Department of the RA 35. General Department of Aviation of the RA 36. Police of the RA (Note 3) 37. Armenian Rescue Service 38. State Water Committee 39. State Science Committee 40. Central Electoral Commission of the RA 41. Public Services Regulatory Commission of the RA 42. Social Insurance Commission of the RA 43. State Commission for the Protection of Economic Competition of the RA 44. Civil Service Council of the RA 45. National Statistical Service of the RA 46. National Commission on TV and Radio of RA 47. Council of the Public TV and Radio of the RA 48. Marzpetaran of Aragatsotn 49. Marzpetaran of Ararat 50. Marzpetaran of Armavir 51. Marzpetaran of Gegharquniq 52. Marzpetaran of Lory 53. Marzpetaran of Kotayq 54. Marzpetaran of Shirak 55. Marzpetaran of Syuniq 56. Marzpetaran of Vayots Dzor 57. Marzpetaran of Tavush
Notes to Annex 1
1. This list refers to all central government entities and subordinated organizations covered by Law on Procurement of the RA.
2. Central Bank of the RA: The Agreement does not apply to the procurement or acquisition by the Central Bank of the Republic of Armenia related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities.
3. Ministry of Defence of the RA, National Security Service of the RA, State Security Service of the RA and Police of the RA: For these entities, the Agreement only covers the procurement of the following categories, subject to Republic of Armenia determinations under paragraph 1 of Article III:
FSC 22 Railway Equipment 23 Motor Vehicles, Trailers, and Cycles (except buses in 2310) 24 Tractors 25 Vehicular Equipment Components 26 Tyres and Tubes
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29 Engine Accessories 30 Mechanical Power Transmission Equipment 32 Woodworking Machinery and Equipment 34 Metalworking Machinery 35 Service and Trade Equipment 36 Special Industry Machinery 37 Agricultural Machinery and Equipment 38 Construction, Mining, Excavating, and Highway Maintenance Equipment 39 Materials Handling Equipment 40 Rope, Cable, Chain and Fittings 41 Refrigeration and Air Conditioning Equipment 42 Fire Fighting, Rescue and Safety Equipment 43 Pumps and Compressors 44 Furnace, Steam Plant, Drying Equipment and Nuclear Reactors 45 Plumbing, Heating and Sanitation Equipment 46 Water Purification and Sewage Treatment Equipment 47 Pipe, Tubing, Hose and Fittings 48 Valves 49 Maintenance and Repair Shop Equipment 53 Hardware and Abrasives 54 Prefabricated Structures and Scaffolding 55 Lumber, Millwork, Plywood and Veneer 56 Construction and Building Materials 61 Electric Wire, and Power and Distribution Equipment 62 Lighting Fixtures and Lamps 63 Alarm and Signal Systems 65 Medical, Dental, and Veterinary Equipment and Supplies 66 Instruments and Laboratory Equipment 67 Photographic Equipment 68 Chemicals and Chemical Products 69 Training Aids and Devices 70 General Purpose ADPE, Software, Supplies and Support Equipment 71 Furniture 72 Household and Commercial Furnishings and Appliances 73 Food Preparation and Serving Equipment 74 Office Machines, Visible Record Equipment and ADP Equipment 75 Office Supplies and Devices 76 Books, Maps and Other Publications 77 Musical Instruments, Phonographs, and Home Type Radios 78 Recreational and Athletic Equipment 79 Cleaning Equipment and Supplies 80 Brushes, Paints, Sealers and Adhesives 81 Containers, Packaging and Packing Supplies 85 Toiletries 87 Agricultural Supplies 88 Live Animals 91 Fuels, Lubricants, Oils and Waxes 93 Non-metallic Fabricated Materials 94 Non-metallic Crude Materials 96 Ores, Minerals and their Primary Products 99 Miscellaneous
4. The conditions specified in the General Notes apply to this Annex.
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ANNEX 2
Sub-Central Authorities which Procure in Accordance with the Procedures of this Agreement
Thresholds:
Goods SDR 200,000
Services (specified in Annex 4) SDR 200,000
Construction services (specified in Annex 5) SDR 5,000,000
List of Entities:
1. Following local authorities as defined by RA Law "On Administrative-Territorial Division" No. N-062-I of 7 November 1995:
- Municipality of Yerevan - Municipality of Ashtarak, - Municipality of Aparan - Municipality of Talin - Municipality of Artashat - Municipality of Ararat - Municipality of Masis - Municipality of Vedi - Municipality of Armavir - Municipality of Vagharshapat - Municipality of Mecamor - Municipality of Gavar - Municipality of Chambarak - Municipality of Martuni - Municipality of Sevan - Municipality of Vardenis - Municipality of Vanadzor - Municipality of Alaverdi - Municipality of Akhtala - Municipality of Tumanyan - Municipality of Spitak - Municipality of Stepanavan - Municipality of Tashir - Municipality of Hrazdan - Municipality of Abovyan - Municipality of Byureghavan - Municipality of Eghvard - Municipality of Tsakhkadzor - Municipality of Nor Hachn - Municipality of Charentsavan - Municipality of Gyumri - Municipality of Artik - Municipality of Maralik
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- Municipality of Kapan - Municipality of Agarak - Municipality of Goris - Municipality of Dastakert - Municipality of Megri - Municipality of Sisian - Municipality of Qajaran - Municipality of Eghegnadzor - Municipality of Jermuk - Municipality of Vayq - Municipality of Ijevan - Municipality of Berd - Municipality of Dilijan - Municipality of Noyemberyan
Note to Annex 2
The conditions specified in the General Notes apply to this Annex.
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ANNEX 3
All Other Entities which Procure in Accordance with the Procedures of this Agreement
Thresholds:
Goods SDR 400,000
Services (specified in Annex 4) SDR 400,000
Construction services (specified in Annex 5) SDR 5,000,000
All legal persons (authorities, establishments and foundations) governed by public law, particularly:
1. State or community non-commercial (non-profit) organizations.
2. Commercial organizations with over fifty percent of government or community shareholding.
3. Public services, including utilities sector companies, whose procurement is covered by Law on Procurement.
Notes to Annex 3
1. This list of legal persons governed by public law shall be published in Procurement official electronic bulletin: http://www.procurement.am
2. The conditions specified in the General Notes apply to this Annex.
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ANNEX 4
Services
Universal List of Services is including all services as contained in document MTN.GNS/W/120.
Note to Annex 4
The conditions specified in the General Notes apply to this Annex.
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ANNEX 5
Construction Services
A construction services contract is a contract which has as its objective the realization by whatever means of a civil or building works, in the sense of Division 51 of the Central Product Classification.
Threshold:
SDR 5,000,000 for Annexes 1, 2 and 3.
List of construction services offered:
All services listed under Division 51.
Note to Annex 5
The conditions specified in the General Notes apply to this Annex.
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GENERAL NOTES
1. Armenia will not extend the benefits of this Agreement to any contract:
(a) awarded under an international agreement and intended for the joint implementation or exploitation of a project by the signatory States;
(b) awarded under an international agreement relating to the stationing of troops;
(c) funded wholly or in part by or awarded under the particular procedure of an international organization, where the applicable procedure would be inconsistent with the Agreement.
2. This Agreement shall not apply to procurements of agriculture products made in furtherance of agriculture support programme and human feeding programmes.
3. This Agreement shall not apply to goods and services procured with a view to commercial sale or resale, or for use in the production of goods or provision of services for commercial sale or resale, provided that the contracting authority enjoys no special or exclusive right to sell and other entities are free to sell it under the same conditions as the contracting entity.
4. This Agreement shall not apply to the acquisition of land, existing buildings or other immoveable property or concerning rights thereon.
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APPENDIX II
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION OF NOTICES OF INTENDED PROCUREMENT - PARAGRAPH 1 OF ARTICLE IX AND OF POST-AWARD NOTICES – PARAGRAPH 1 OF ARTICLE XVIII
Procurement official electronic bulletin: http://www.procurement.am
APPENDIX III
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION ANNUALLY OF INFORMATION ON PERMANENT LISTS OF QUALIFIED SUPPLIERS IN THE CASE OF SELECTIVE TENDERING PROCEDURES - PARAGRAPH 9 OF ARTICLE IX
Procurement official electronic bulletin: http://www.procurement.am
APPENDIX IV
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION OF LAWS, REGULATIONS, JUDICIAL DECISIONS, ADMINISTRATIVE RULINGS OF GENERAL APPLICATION AND ANY PROCEDURE REGARDING GOVERNMENT PROCUREMENT GOVERNED BY THIS AGREEMENT - PARAGRAPH 1 OF ARTICLE XIX
Procurement official electronic bulletin: http://www.procurement.am
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