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Q: The Secretariat report notes that the determining factors in awarding government procurement contracts are the lowest price, best technical offer, and the best technical and price offer (page 101, paragraph 293), but also that "in order to qualify for government contracts, suppliers must be legally established or represented in Brazil" and that ''foreign firms without operations in Brazil and involved in international tenders need legal representation in the country or to be associated with a Brazilian firm (at least 51% Brazilian capital participation and operational control)" (paragraph 294). Could Brazil provide a rationale for these restrictions and outline its plans for the further liberalisation of its government procurement regime?
A: Brazilian legislation on government procurement establishes a strict system of checks and balances, involving both the internal control of spendings by the executive, and a system of external control by the Federal Court of Accounts. The rationale behind the requirement for a contractors to be legally established or represented in Brazil stems from the need for Brazilian authorities to control the expenditure before, during and after the services or purchases executed.
歐盟提問：巴西是否有意願簽署政府採購協定？巴西回覆該國現在不考慮簽署政府採購協定和任何的複邊協定。
Q: Furthermore, does Brazil intend to sign the plurilateral Government Procurement Agreement, which she seems to already have implemented in practice?
A: Brazil is not envisaging acceding to the Government Procurement Agreement, or any other plurilateral agreement in the WTO.
瑞士提問：巴西已致力提升政府採購透明度，國內法規也漸漸符合國際標準，巴西是否有意願成為政府採購委員會的觀察員？巴西回覆該國政府採購制度雖然已經完全透明化且預算執行效率已逐漸提升，但該國目前不考慮成為會員，但願意評估成為觀察員的可能性。
Q: We note that Brazil has been making efforts to improve the legal framework towards enhancing the transparency of government procurement, and towards harmonising tender process and procedures in accordance with international practices. We encourage Brazil to become an observer to the Committee on Government Procurement.
A: Brazilian rules regarding government procurement are fully transparent and the system of control on public expenditures is showing increasing level of efficiency. Brazil may consider the possibility to participate in meetings of the Committee on Government Procurement as an observer. The Brazilian Government, however, is not envisaging to accede to the plurilateral agreement related to that committee.
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