GOVERNMENT PROCUREMENT AND TRADE FOR BRAZIL SUB-NATIONAL GOVERNMENTS
Introduction
In May 2020, Brazil formalized its decision to the plurilateral Agreement on Government Procurement (GPA) of the World Trade Organization (WTO)
With the objective of disseminating information about the WTO Government Procurement Agreement and articulating the participation of Municipalities in Brazil’s market access offer, in the context of its accession to the Agreement, the Inter-American Development Bank (IDB) in association with the Brazilian Federal Government represented by the Ministry of Economy, organized a training activity in May 2021 taught by prominent international experts.
The knowledge produced during the Workshop was curated and compiled on this page. Browse the resources below to learn more about the WTO Government Procurement Agreement.
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SESSION 1 - Introduction to the GPA
1.2 The WTO Agreement on Government Procurement (GPA): A global tool for trade enhancement, policy reform and good governance
Speaker: Rob Anderson - Chairman do Workshop. Professor Honorário Universidade de Nottingham, Reino Unido.
Robert Anderson is Honorary Professor in the School of Law at the University of Nottingham (UK) and is on the part-time external faculty of the International Master's Program in Public Procurement Management of the University of Rome Tor Vergata and its sister program at the University of Belgrade (Serbia). Until March 2019, he was Senior Counsellor and Team Leader for Government Procurement and Competition Policy in the Intellectual Property, Government Procurement and Competition Division of the World Trade Organization (WTO) in Geneva, Switzerland, where he worked for 22 years. Prior to joining the WTO in 1997, Mr Anderson held various senior positions in the national competition agency of Canada (the "Competition Bureau"). Earlier in his career, he held entry-level/short-term positions in the Saskatchewan (Province of Canada) Department of Finance; the Canadian Treasury Board Secretariat; and the Economic Council of Canada.
SESSION 2 - Using the GPA to align with best practices internationally and improve policy implementation.
2.1 GPA participation and international best practices: market openness, transparency, sustainability and integrity
Speaker: Steve Schooner - Nash & Cibinic Professor Faculdade de Direito Universidade George Washington
Before joining the law school faculty in 1998, Professor Schooner was the associate administrator for procurement law and legislation at the Office of Federal Procurement Policy in the Office of Management and Budget. He previously served as a trial and appellate attorney in the Commercial Litigation Branch of the Department of Justice. He also practiced with private law firms and, as an active duty Army judge advocate, served as a commissioner at the Armed Services Board of Contract Appeals. Until his retirement as an Army Reserve officer, he was an adjunct professor in the Contract and Fiscal Law Department of the Judge Advocate General’s School of the Army, in Charlottesville, Virginia. His scholarship focuses primarily upon federal government contract law and public procurement policy. His dispute resolution experience includes service as an arbitrator, mediator, neutral, and ombudsman. Outside of the United States, he has taught and advised hundreds of government officials on public procurement issues, either directly or through multi-government programs, in more than 30 countries. Professor Schooner is a fellow of the National Contract Management Association, a certified professional contracts manager (CPCM), and recipient of the Charles A. Dana Distinguished Service Award. He is the faculty adviser to the ABA’s Public Contract Law Journal and also serves on the Procurement Round Table and the advisory board of the Government Contractor. He served as senior associate dean for academic affairs of the Law School from 2006 to 2008.
2.2 Policy implementation: transparency, electronic tools and data. Introduction to the WTO e-GPA system
Speaker: Antonella Salgueiro - Secretária-Geral, Câmara Internacional de Comércio, Paraguai
Antonella Salgueiro is a lawyer and former Young Professional (2018) at the Intellectual Property, Government Procurement and Competition Division of the World Trade Organization. Currently, she serves as Secretary-General for the ICC National Chapter in Paraguay and as legal consultant for the European Bank for Reconstruction and Development, in particular on GPA accession issues, including supporting negotiations and assessing legal compliance of procurement regulations with the Agreement. As an Attorney her experience includes dealing with issues related to both Competition and IP matters. Antonella has extensively researched on competition issues, including its interface with public procurement, SOEs and intellectual property. Before joining the WTO, Mrs. Salgueiro received, top of the class, a LL.M. degree in Business, Competition, and Regulatory Law from the Freie Universität Berlin and counts as well with more that 10 years of experience related to IP.
2.3 Good practices in governance and procurement management
Speaker: Ana Lucia Paiva Dezolt - Especialista Sênior em Gestão Fiscal do Banco Interamericano de Desenvolvimento – BID
Ana Lucia Dezolt Paiva is Fiscal Management Senior Specialist at the Inter-American Development Bank (IDB) in Brazil since 1994, responsible for designing and supervising fiscal management modernization projects in Brazilian states. With transversal action in fiscal matters and governance and procurement management, she carries out the sectorial dialogue on Public Procurement in Brazil. Ana Lucia Paiva Dezolt published works in finance and public procurement and results-based management. She was Professor of International Economic Relations at Instituto Rio Branco / Ministry of Foreign Affairs and consultant for the Fiscal Policy Series of the Economic Commission for Latin America and the Caribbean / ECLAC, held in conjunction with the Institute for Applied Economic Research / IPEA (1989/1994). Graduated in Economy from the University of Brasília - UnB, post-graduated in Psychology from the University of the Center for University Studies of Brasília - UNICEUB, specializing in project evaluation and management (BID) and CP3P certified.
SESSION 3 - Challenges and opportunities for Brazilian Municipal and other sub-national governments
3.1 GPA accession: next steps for Brazil’s sub-national governments
Speaker: Renato Fenili - Secretário-Adjunto de Gestão, Ministério da Economia do Brasil
Renato Fenili holds a Master’s degree and a Doctorate in Administration. Assistant Secretary of Management at the Brazilian Ministry of Economy. Former Procurement Director of the Chamber of Deputies. Creator of the Laboratory of Innovations in Public Procurement (Lab-Comp) of the Chamber of Deputies, the first of its kind in Latin America. Post-doctoral student in Administration, in an investigation on public procurement and contracting as predictors of the objectives of sustainable development of the UN. National and international consultant on bids and contracts. Professor at the Center for Training and Improvement of the Chamber of Deputies, of the ENAP (National School of Public Administration) and other schools of government. Former Brazil Navy Officer.
Video “O Acordo de Compras Governamentais (ACG) da OMC”
Speaker: Murilo Lubambo
Murilo Lubambo de Melo joined the New College of the Humanities at Northeastern in 2018 as a lecturer in public international law. Lubambo de Melo has taught in the International Business Law and online Master of Laws (LLM) programs at Northeastern University. He holds an LLM and a PhD in Laws from University College London. He was a research fellow in residence at the World Trade Organization – WTO Doctoral Support Program in Geneva in 2018. He was also an exchange scholar at Yale University serving as a visiting researcher in the Department of Political Science in 2016. Lubambo de Melo has published chapters in books and articles in peer-reviewed journals in English, Spanish and Portuguese. As a teaching fellow at University College London, he delivered lectures and tutorials, provided LLM dissertation supervision and marked assessments in LLB and LLM courses: Competition Law, International Political Economy, International Law of Foreign Investments and Conflict of Laws. He was also tutor of the UK Notarial Practice Professional Course in the Private International Law module and is the convenor of the International Commercial Litigation course at UCL Summer School. As a trade official in the Government of Brazil, he has participated in negotiations of multilateral, regional and bilateral trade and investments agreements.
3.2 Participation of Subnational Entities in the GPA: Challenges and Opportunities
Speaker: Steve Schooner - Nash & Cibinic Professor Faculdade de Direito Universidade George Washington
Before joining the law school faculty in 1998, Professor Schooner was the associate administrator for procurement law and legislation at the Office of Federal Procurement Policy in the Office of Management and Budget. He previously served as a trial and appellate attorney in the Commercial Litigation Branch of the Department of Justice. He also practiced with private law firms and, as an active duty Army judge advocate, served as a commissioner at the Armed Services Board of Contract Appeals. Until his retirement as an Army Reserve officer, he was an adjunct professor in the Contract and Fiscal Law Department of the Judge Advocate General’s School of the Army, in Charlottesville, Virginia. His scholarship focuses primarily upon federal government contract law and public procurement policy. His dispute resolution experience includes service as an arbitrator, mediator, neutral, and ombudsman. Outside of the United States, he has taught and advised hundreds of government officials on public procurement issues, either directly or through multi-government programs, in more than 30 countries. Professor Schooner is a fellow of the National Contract Management Association, a certified professional contracts manager (CPCM), and recipient of the Charles A. Dana Distinguished Service Award. He is the faculty adviser to the ABA’s Public Contract Law Journal and also serves on the Procurement Round Table and the advisory board of the Government Contractor. He served as senior associate dean for academic affairs of the Law School from 2006 to 2008.
3.3 Obligations and special flexibilities for sub-national and Annex III (“other”) entities in the GPA
Speaker: Rob Anderson - Chairman do Workshop. Professor Honorário Universidade de Nottingham, Reino Unido
Robert Anderson is Honorary Professor in the School of Law at the University of Nottingham (UK) and is on the part-time external faculty of the International Master's Program in Public Procurement Management of the University of Rome Tor Vergata and its sister program at the University of Belgrade (Serbia). Until March 2019, he was Senior Counsellor and Team Leader for Government Procurement and Competition Policy in the Intellectual Property, Government Procurement and Competition Division of the World Trade Organization (WTO) in Geneva, Switzerland, where he worked for 22 years. Prior to joining the WTO in 1997, Mr Anderson held various senior positions in the national competition agency of Canada (the "Competition Bureau"). Earlier in his career, he held entry-level/short-term positions in the Saskatchewan (Province of Canada) Department of Finance; the Canadian Treasury Board Secretariat; and the Economic Council of Canada.
Video “The WTO Government Procurement Agreement”
Speaker: Murilo Lubambo
Murilo Lubambo de Melo joined the New College of the Humanities at Northeastern in 2018 as a lecturer in public international law. Lubambo de Melo has taught in the International Business Law and online Master of Laws (LLM) programs at Northeastern University. He holds an LLM and a PhD in Laws from University College London. He was a research fellow in residence at the World Trade Organization – WTO Doctoral Support Program in Geneva in 2018. He was also an exchange scholar at Yale University serving as a visiting researcher in the Department of Political Science in 2016. Lubambo de Melo has published chapters in books and articles in peer-reviewed journals in English, Spanish and Portuguese. As a teaching fellow at University College London, he delivered lectures and tutorials, provided LLM dissertation supervision and marked assessments in LLB and LLM courses: Competition Law, International Political Economy, International Law of Foreign Investments and Conflict of Laws. He was also tutor of the UK Notarial Practice Professional Course in the Private International Law module and is the convenor of the International Commercial Litigation course at UCL Summer School. As a trade official in the Government of Brazil, he has participated in negotiations of multilateral, regional and bilateral trade and investments agreements.
SESSION 4 - GPA accession and national policy priorities
4.1 GPA accession as an opportunity for policy innovation and reform: operationalizing and internalizing the obligations of the Agreement.
Speaker: Sue Arrowsmith - Professora Emérita Universidade de Nottingham
Sue Arrowsmith QC (hon) is Professor Emerita at the University of Nottingham, where she was formerly Achilles Professor of Public Procurement Law and Policy, and also founding Director of the Public Procurement Research Group and of the postgraduate Executive programme in Public Procurement Law and Policy. She has extensive knowledge and experience of WTO procurement law, including the GPA, as well as of national and international procurement law in general. Her many books include her well-known text, Government Procurement in the WTO (Kluwer, 2003) and The WTO Regime on Government Procurement: Challenge and Reform (CUP, 2011), which she co-edited with Robert Anderson. She is the founding editor of the leading international journal on public procurement law, Public Procurement Law Review. In 2019 she was awarded the title of Queens Counsel (honoris causa) by Her Majesty The Queen in recognition of her exceptional contribution to the law of England and Wales, and in 2007 received the CIPS Swinbank Medal for thought innovation in purchasing and supply.
4.2 Sustainability and public procurement: emerging best practices internationally
Speaker: Steven Schooner - Chairman do Workshop. Professor Honorário Universidade de Nottingham, Reino Unido
Robert Anderson is Honorary Professor in the School of Law at the University of Nottingham (UK) and is on the part-time external faculty of the International Master's Program in Public Procurement Management of the University of Rome Tor Vergata and its sister program at the University of Belgrade (Serbia). Until March 2019, he was Senior Counsellor and Team Leader for Government Procurement and Competition Policy in the Intellectual Property, Government Procurement and Competition Division of the World Trade Organization (WTO) in Geneva, Switzerland, where he worked for 22 years. Prior to joining the WTO in 1997, Mr Anderson held various senior positions in the national competition agency of Canada (the "Competition Bureau"). Earlier in his career, he held entry-level/short-term positions in the Saskatchewan (Province of Canada) Department of Finance; the Canadian Treasury Board Secretariat; and the Economic Council of Canada.
4.3 General exceptions and flexibilities of the GPA (public health, national defense, etc.)
Speaker: Antonella Salgueiro
Antonella Salgueiro is a lawyer and former Young Professional (2018) at the Intellectual Property, Government Procurement and Competition Division of the World Trade Organization. Currently, she serves as Secretary-General for the ICC National Chapter in Paraguay and as legal consultant for the European Bank for Reconstruction and Development, in particular on GPA accession issues, including supporting negotiations and assessing legal compliance of procurement regulations with the Agreement. As an Attorney her experience includes dealing with issues related to both Competition and IP matters. Antonella has extensively researched on competition issues, including its interface with public procurement, SOEs and intellectual property. Before joining the WTO, Mrs. Salgueiro received, top of the class, a LL.M. degree in Business, Competition, and Regulatory Law from the Freie Universität Berlin and counts as well with more that 10 years of experience related to IP.
4.4 GPA accession by Brazil: benefits to be expected and challenges to be met
Speaker: Steve L. Schooner - Nash & Cibinic Professor Faculdade de Direito Universidade George Washington
Before joining the law school faculty in 1998, Professor Schooner was the associate administrator for procurement law and legislation at the Office of Federal Procurement Policy in the Office of Management and Budget. He previously served as a trial and appellate attorney in the Commercial Litigation Branch of the Department of Justice. He also practiced with private law firms and, as an active duty Army judge advocate, served as a commissioner at the Armed Services Board of Contract Appeals. Until his retirement as an Army Reserve officer, he was an adjunct professor in the Contract and Fiscal Law Department of the Judge Advocate General’s School of the Army, in Charlottesville, Virginia. His scholarship focuses primarily upon federal government contract law and public procurement policy. His dispute resolution experience includes service as an arbitrator, mediator, neutral, and ombudsman. Outside of the United States, he has taught and advised hundreds of government officials on public procurement issues, either directly or through multi-government programs, in more than 30 countries. Professor Schooner is a fellow of the National Contract Management Association, a certified professional contracts manager (CPCM), and recipient of the Charles A. Dana Distinguished Service Award. He is the faculty adviser to the ABA’s Public Contract Law Journal and also serves on the Procurement Round Table and the advisory board of the Government Contractor. He served as senior associate dean for academic affairs of the Law School from 2006 to 2008.
SESSION 5 - Building sub-national government and individual capacity for GPA implementation
5.1 Government procurement and corruption control: GPA requirements, current developments and approaches
Speaker: Steve L. Schooner - Nash & Cibinic Professor Faculdade de Direito Universidade George Washington
Before joining the law school faculty in 1998, Professor Schooner was the associate administrator for procurement law and legislation at the Office of Federal Procurement Policy in the Office of Management and Budget. He previously served as a trial and appellate attorney in the Commercial Litigation Branch of the Department of Justice. He also practiced with private law firms and, as an active duty Army judge advocate, served as a commissioner at the Armed Services Board of Contract Appeals. Until his retirement as an Army Reserve officer, he was an adjunct professor in the Contract and Fiscal Law Department of the Judge Advocate General’s School of the Army, in Charlottesville, Virginia. His scholarship focuses primarily upon federal government contract law and public procurement policy. His dispute resolution experience includes service as an arbitrator, mediator, neutral, and ombudsman. Outside of the United States, he has taught and advised hundreds of government officials on public procurement issues, either directly or through multi-government programs, in more than 30 countries. Professor Schooner is a fellow of the National Contract Management Association, a certified professional contracts manager (CPCM), and recipient of the Charles A. Dana Distinguished Service Award. He is the faculty adviser to the ABA’s Public Contract Law Journal and also serves on the Procurement Round Table and the advisory board of the Government Contractor. He served as senior associate dean for academic affairs of the Law School from 2006 to 2008.
5.2 Measures to prevent collusive tendering: an essential adjunct to a liberalized government procurement regime
Speaker: Robert D. Anderson - Chairman do Workshop. Professor Honorário Universidade de Nottingham, Reino Unido
Robert Anderson é Professor Honorário da Faculdade de Direito da Universidade de Nottingham (Reino Unido) e é membro externo a tempo parcial do corpo docente do Programa Internacional de Mestrado em Gestão de Compras Públicas da Universidade de Roma Tor Vergata e do seu programa irmão da Universidade de Belgrado (Sérvia). Até março de 2019, foi Conselheiro Sênior e Chefe de Equipe de Compras Públicas e Política de Competência da Divisão de Propriedade Intelectual, Compras Públicas e Competência da Organização Mundial do Comércio (OMC), em Genebra, Suíça, onde ele trabalhou 22 anos. Antes de se incorporar na OMC em 1997, o senhor Anderson ocupou várias posições de hierarquia na agência nacional da competência do Canadá (Competition Bureau). Anteriormente na sua carreira, ocupou postos no nível de entrada de curta duração no Departamento de Finanças de Saskatchewan (Província do Canadá), na Secretaria do Tesouro canadense, e no Conselho Econômico do Canadá. Robert Anderson é Bacharel em Leis pela Faculdade de Direito Osgoode Hall, Universidade de York (Toronto); Bacharel em Artes, com honras em Economia pela Universidade da Columbia Britânica, Vancouver, Canadá; ele tem Certificados Executivos nas áreas de Política Pública e Desenvolvimento Econômico pela Escola de Governo John F. Kennedy da Universidade de Harvard. É editor e coeditor de três livros e autor/coautor de mais de 60 artigos e capítulos publicados sobre temas de direito e política de competência, políticas internacionais de compras públicas, propriedade intelectual e/ou política internacional de comércio. As publicações nas quais ele tem intervindo incluem o Journal of International Economic Law, o Antitrust Law Journal, o Georgetown Journal of International Law, o George Mason Law Review, o Public Procurement Law Review, Aussenwirtschaft (o jornal suíço de economia internacional) e o Canadian Competition Record.
5.4 Institution and human capital building in the context of GPA accession: Reflections of Workshop Rapporteur
Speaker: Steve L. Schooner - Nash & Cibinic Professor Faculdade de Direito Universidade George Washington
Before joining the law school faculty in 1998, Professor Schooner was the associate administrator for procurement law and legislation at the Office of Federal Procurement Policy in the Office of Management and Budget. He previously served as a trial and appellate attorney in the Commercial Litigation Branch of the Department of Justice. He also practiced with private law firms and, as an active duty Army judge advocate, served as a commissioner at the Armed Services Board of Contract Appeals. Until his retirement as an Army Reserve officer, he was an adjunct professor in the Contract and Fiscal Law Department of the Judge Advocate General’s School of the Army, in Charlottesville, Virginia. His scholarship focuses primarily upon federal government contract law and public procurement policy. His dispute resolution experience includes service as an arbitrator, mediator, neutral, and ombudsman. Outside of the United States, he has taught and advised hundreds of government officials on public procurement issues, either directly or through multi-government programs, in more than 30 countries. Professor Schooner is a fellow of the National Contract Management Association, a certified professional contracts manager (CPCM), and recipient of the Charles A. Dana Distinguished Service Award. He is the faculty adviser to the ABA’s Public Contract Law Journal and also serves on the Procurement Round Table and the advisory board of the Government Contractor. He served as senior associate dean for academic affairs of the Law School from 2006 to 2008.
