WTO-AGP (World Trade Organization Agreement on Government Procurement)

WTO-AGP is the abbreviation for the World Trade Organization Agreement on Government Procurement. It is a plurilateral trade agreement that aims to secure greater international competition for government procurement, as described in the Treasury Board policy framework.

The agreement is also intended to make government procurement laws, regulations, procedures and practices more transparent. It seeks to prevent the protection of domestic products or suppliers and discrimination against foreign products or suppliers, according to the Canada Revenue Agency procurement policy appendix on trade agreements. In practice, you will see WTO-AGP as a label on Canadian tender notices and contract awards.

Origins and coverage of the WTO-AGP

The WTO-AGP came into effect on January 1, 1996. It replaced the GATT Government Procurement Code and extended coverage from goods to include services and construction. The Treasury Board policy document records both points.

The agreement is built on a few core procurement concepts:

• National treatment and non-discrimination between domestic and foreign suppliers
• Open and competitive solicitation for covered procurement
• Transparency in laws, procedures and practices
• Limited tendering exceptions, such as exclusive rights, extreme urgency and additional deliveries from an existing supplier

How Canada decides whether the WTO-AGP applies

Canada uses the WTO-AGP alongside other trade agreements, including the Canadian Free Trade Agreement and bilateral or regional agreements. A procurement is not covered automatically. CanadaBuys trade agreement applicability guidance directs buyers to consider the estimated value, the buying entity, the type of requirement, and any exclusions or exceptions. Canada's market-access commitments also determine what is covered.

Because several agreements can apply to one solicitation, a single notice may list more than one. The buyer makes the determination, and the solicitation documents carry the result.

Where WTO-AGP appears on federal tenders and contracts

On CanadaBuys, the Trade Agreement field in a notice can identify WTO-AGP or the full name, World Trade Organization Agreement on Government Procurement. A contract award notice for toilet paper lists WTO-AGP among its applicable trade agreements. Other notices show the same designation for engines, accommodation and informatics services.

The designation also appears on large PSPC vehicles. The Task-Based Informatics Professional Services (TBIPS) tender notice identifies WTO-AGP as an applicable trade agreement for its standing offers and supply arrangements. Departments also report contracts publicly, and the records for organizations such as National Defence and the RCMP are available through the Open Government contract search.

What a WTO-AGP designation means for suppliers

A WTO-AGP designation generally means the procurement is being treated as covered by the agreement. It is therefore subject to the agreement's applicable procedural and non-discrimination rules.

Your obligations do not change. You still need to submit a bid through the stated process, meet the technical and other mandatory requirements, and observe every deadline and qualification condition in the solicitation.

The designation does not guarantee a contract. It also does not create a separate supplier registration process. Bid teams should read the trade agreement field in each notice, confirm which agreements are listed, and treat the solicitation document as the governing source for eligibility and process.