How does international law govern public procurement contracts?

International public procurement contracts are governed by a combination of domestic and international laws. In the United States, contracts of this nature are generally subject to the Federal Acquisition Regulations (FARs) and their accompanying statutes. At the international level, public procurement contracts are regulated by the Agreement on Government Procurement (GPA), which is a WTO agreement that sets out rules on government purchasing from abroad. The GPA includes standard provisions which define the main rights and obligations of Purchaser and Supplier, such as the right of the parties to terminate, the obligations of the parties to comply with national laws, policies and regulations, the obligation of the contracting authority to assign the contract to the most qualified bidder in terms of quality and price, and the obligation of the contracting authority to ensure fair competition. The GPA also includes provisions on remedies and dispute settlement, which provide for the ability of the parties to the agreement to seek redress should any of the provisions of the agreement be breached. The agreement also contains provisions which ensure that public procurement contracts are conducted in a transparent way, and that any changes to contract terms are made known to all parties. Finally, the agreement stipulates that the contracting authority shall not place unreasonable restrictions on the foreign firms or bidders for participation in the procurement process. The provisions of the GPA are often incorporated into domestic laws and regulations and, in the case of Virginia, these regulations are laid out in the Virginia Public Procurement Act. This act provides that all government contracts must adhere to the principles of fairness and transparency and that any interested party may file a complaint with the Office of the Attorney General if he or she believes that the provisions of the Act or the GPA have not been followed.

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