The design and operation of a bid challenge mechanism: The experience of Hong Kong, China

Under the Agreement on Government Procurement (GPA), Parties are required to establish a system of challenge procedures. Of all the Parties to the GPA, Hong Kong, China (henceforth ‘Hong Kong’) presents an interesting case study as it combines the features of a clean and effective government and a highly internationalized procurement market. In this chapter, the author examines the efforts made by the Hong Kong government to implement its obligation under the GPA to provide challenge procedures. The chapter starts by reviewing the general background to the Review Body on Bid Challenges of Hong Kong. It then discusses in detail the bid challenge procedures and how such procedural rules have been applied and elaborated through the cases that came before the Review Body. The chapter concludes by noting that the bid challenge system in Hong Kong generally conforms to its GPA obligations.