Rigidity: India could at most agree to ensure transparency in public procurement. Yes, the GFR and the MPG establish principles for the conclusion of framework agreements, commonly referred to as “collective agreements.” These contracts may be entered into with one or more suppliers for the supply of certain goods/services at specified prices and for a specified period of time. The contract is in the nature of a permanent offer from the supplier and there is no contractually guaranteed quantity or minimum draw. The trader can enter into more than one collective agreement for a single item and also has the option of renegotiating the price with the holders of a collective agreement. Therefore, membership of the ACCORD in the WTO may not be bad news for India, but it is important to bear in mind that the potential benefits of joining the agreement are determined by various factors, such as India`s ability to compete with other Member States, the willingness of other countries to make their supply markets available to Indian companies. 1.5 With regard to supranational regulations such as the GPA, EU rules and other international agreements, does the regime join forces? As a general rule, collective agreements are entered into by DGS-D for collective items, which are often required in large quantities in all government departments. If a department procures goods directly for which DGS-D has a collective agreement, the price paid for the goods should not exceed the price set by the collective agreement. The MPG also proposes that the DGS-D enter into collective agreements for technical and engineering items through the GeM. Where is India? India may, for an indefinite period, renounce membership in the WTO GPA. However, such a decision to abstain from joining this agreement will no longer be passive and will have to be taken elsewhere after defence and the search for market access opportunities.
India remains outside an elite club that currently formulates modalities and disciplines for participation in public procurement. Taking these factors into account, a CUTS study on public procurement conducted some quantitative analyses of market access opportunities for India in GPA and non-GPA countries.