Public contract access for USA tenderers
The United States of America, notwithstanding the important progress made in liberalizing procurement, has imposed sanctions under Title VII of its 1988 Trade Act preventing Community tenderers from competing for United States Federal procurement contracts not covered by the Agreement signed between the Community and the USA on 25 May 1993 (Memorandum of Understanding on Government Procurement). As a result, it is necessary for the Community to take appropriate measures to similarly restrict access for United States tenderers in respect of certain contracts awarded by certain public authorities. A Member State may, nevertheless, permit its authorities to accept such tenders after a reasoned determination, on a case by case basis, that the admission of such tenders is necessary to: - Avoid limiting competition to a single supplier, contractor or service provider; - Ensure continuity of supply or service provision; - Obtain goods or service with special characteristics which are not otherwise available; - Avoid disproportionate cost to the public authority concerned; - Protect the security of that Member State. The public authorities affected by this Regulation vary from country to country but generally include the Ministries of Energy, Telecommunications, Environment, Health, Education and Science, and Audiovisual matters.