WORLD TRADE  
ORGANIZATION  GPA/W/208  
16 September 2002 
 (02-4897) 
Committee on Government Procurement Original:   English 
  
 
PROPOSED MODIFICATIONS TO ANNEX 2 OF APPENDIX I OF  
THE AGREEMENT ON GOVERNMENT PROCUREMENT  
 
Notification from the United States under Article XXIV:6(a)
1 of the GPA  
 
 
  The following notification from the Permanent Mi ssion of the United States was received on 
9 September 2002, with the request that it be ci rculated to the Parties to the Agreement on 
Government Procurement. 
 
_______________  
 
   Pursuant to Article XXIV:6(a) of the Agre ement on Government Procurement (GPA), the 
United States proposes the following modifications to Annex 2 of Appendix I of the GPA: 
  - Delete the General Services Commission as an entity listed under the State of Texas 
and insert in its place the Texas Building and Procurement Commission. 
 
 The reason for these modifications is that, on 26 February 2002, pursuant  to Section 1.18 of 
S.B. 311 (77
th Leg. Reg. Session) and Chapter 2152 of the Texas Government Code, the Texas 
Building and Procurement Commission was established and assumed all of the rights, duties and powers of the General Services Commission, which w as abolished as of that date.  As the Texas 
Building and Procurement Commission assumed the procurement responsibilities of the General Services Commission, U.S. coverage with respect to  the State of Texas under Annex 2 will remain the 
same. 
  Attachment A to this document contains the proposed modifications to Annex 2 in red-line/strikeout form and Attachment B contains the revised Annex 2 after proposed modifications.
2 
 
                                                      
1 Article XXIV:6(a) provides that "if the rectificati ons, transfers or other modifications are of a purely 
formal or minor nature, they shall become effective prov ided there is no objection within 30 days.  In other 
cases, the Chairman of the Committee shall promptly convene a meeting of the Committee.  The Committee 
shall consider the proposal and any cl aim for compensatory adjustments, with a view to maintaining a balance 
of rights and obligations and a comparable level of mutu ally agreed coverage provided in this Agreement prior 
to such notification.  In the event of agreement not being reached, th e matter may be pursued in accordance with 
the provisions contained in Article XXII". 
2 Both attachments are in English only. GPA/W/208 
Page 2 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 1/6
 
1 March 2000 (WT/Let/330)  ATTACHMENT A 
 
UNITED STATES  
 
(Authentic in the English language only) 
 
ANNEX 2 
 
Sub-Central Government Entities wh ich Procure in Accordance 
With the Provisions of this Agreement  
 
 Threshold : 355,000 SDRs for supp lies and services 
  5 million SDRs for construction 
 List of Entities : 
 Arizona
 
 
Executive branch agencies  Arkansas
 
 
Executive branch agencies, including universities but excluding the Office of Fish and Game and 
construction services  California
 
 Executive branch agencies 
 
Colorado
 
 Executive branch agencies  
Connecticut
 
 Department of Administrative Services Connecticut Department  of Transportation 
Connecticut Department of Public Works Constituent Units of Higher Education 
 
Delaware
* 
 Administrative Services (Central Procurement Agency) State Universities 
State Colleges 
 Florida
* 
 Executive branch agencies  GPA/W/208 
Page 3 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 2/6
 
1 March 2000 (WT/Let/330)  Hawaii  
 
Department of Accounting and Gene ral Services (with the exception of procurements of software 
developed in the state and construction)  Idaho
 
 
Central Procurement Agency (including all colleges  and universities subject to central purchasing 
oversight)  Illinois
* 
 Department of Central Management Services 
 
Iowa
* 
 Department of General Services Department of Transportation 
Board of Regents' Institutions (universities) 
 Kansas
 
 Executive branch agencies, excluding construction services, automobiles and aircraft 
 
Kentucky
 
 Division of Purchases, Finance and Administra tion Cabinet, excluding construction projects 
 Louisiana
 
 
Executive branch agencies  Maine
* 
 
Department of Administrative and Financial Services 
Bureau of General Services (covering state government agencies    and school construction) Maine Department of Transportation 
 Maryland
* 
 
Office of the Treasury Department of the Environment Department of General Services Department of Housing and Community Development 
Department of Human Resources 
Department of Licensing and Regulation Department of Natural Resources Department of Public Safety  and Correctional Services 
Department of Personnel Department of Transportation 
 GPA/W/208 
Page 4 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 3/6
 
1 March 2000 (WT/Let/330)  Massachusetts  
 
Executive Office for Administration and Finance 
Executive Office of Communities and Development Executive Office of Consumer Affairs Executive Office of Economic Affairs Executive Office of Education 
Executive Office of Elder Affairs 
Executive Office of Environmental Affairs Executive Office of He alth and Human Service 
Executive Office of Labor Executive Office of  Public Safety 
Executive Office of Tran sportation and Construction 
 
Michigan
* 
 Department of Management and Budget  
Minnesota
 
 Executive branch agencies  Mississippi
 
 
Department of Finance and Administ ration (does not include services) 
 Missouri
 
 Office of Administration 
Division of Purchasing and Materials Management 
 Montana
 
 Executive branch agencies (only for services and construction) 
 
New York
* 
 State agencies State university system Public authorities and public benefit corporations, with the exception of those entities with multi-state 
mandates 
 In addition to the exceptions noted at the end of this  annex, transit cars, buses  and related equipment are 
not covered.  
Nebraska
 
 Central Procurement Agency  New Hampshire
* 
 
Central Procurement Agency GPA/W/208 
Page 5 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 4/6
 
1 March 2000 (WT/Let/330)   
Oklahoma * 
 
Office of Public Affairs and all state agencies and departments subject to  the Oklahoma Central 
Purchasing Act, excluding construction services.  Oregon
 
 
Department of Administrative Services  Pennsylvania
* 
 Executive branch agencies, including: 
 
Governor's Office Department of the Auditor General Treasury Department Department of Agriculture 
Department of Banking 
Pennsylvania Securities Commission Department of Health Department of Transportation Insurance Department 
Department of Aging 
Department of Correction Department of Labor and Industry Department of Military Affairs Office of Attorney General Department of General Services 
Department of Education 
Public Utility Commission Department of Revenue Department of State Pennsylvania State Police 
Department of Public Welfare 
Fish Commission Game Commission Department of Commerce Board of Probation and Parole Liquor Control Board 
Milk Marketing Board 
Lieutenant Governor's Office Department of Community Affairs Pennsylvania Historical and Museum Commission Pennsylvania Emergency Management Agency 
State Civil Service Commission 
Pennsylvania Public  Television Network 
Department of Environmental Resources State Tax Equalization Board Department of Public Welfare State Employees' Retirement System 
Pennsylvania Municipal Retirement Board GPA/W/208 
Page 6 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 5/6
 
1 March 2000 (WT/Let/330)  Public School Employee s' Retirement System 
Pennsylvania Crime Commission 
Executive Offices 
 Rhode Island
 
 Executive branch agencies, excluding boats, automobiles, buses and related equipment 
 
South Dakota
 
 Central Procuring Agency (including universities and penal institutions) 
 In addition to the exceptions noted at the end of th is annex, procurements of  beef are not covered. 
 
Tennessee
 
 Executive branch agencies (excluding services and construction)  
Texas
 
 General Services Commission
 Texas Building and Procurement Commission  
 Utah
 
 
Executive branch agencies  Vermont
 
 Executive branch agencies 
 
Washington
 
 Washington State executive branch agencies, including:  
General Administration 
Department of Transportation State Universities  In addition to the exceptions noted at the end of this  annex, procurements of fuel, paper products, boats, 
ships and vessels are not covered. 
 
Wisconsin
 
 Executive branch agencies, including  
Department of Administration 
State Correctional Institutions Department of Development Educational Communications Board Department of Employment Relations State Historical Society 
Department of Health and Social Services GPA/W/208 
Page 7 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 6/6
 
1 March 2000 (WT/Let/330)  Insurance Commissioner 
Department of Justice 
Lottery Board 
Department of Natural Resources Administration for Public Instruction Racing Board Department of Revenue 
State Fair Park Board 
Department of Transportation State University System  Wyoming
* 
 
Procurement Services Division 
Wyoming Department of Transportation University of Wyoming  
Notes to Annex 2  
 
In addition to the conditions specified in the General  Notes, the following conditions apply: 
 1. For those states marked by an asterisk with pre-existing restrictions, the Agreement does not 
apply to procurement of construction-grade stee l (including requirements  on subcontracts), 
motor vehicles and coal. 
 2. The Agreement shall not apply to preferences or restrictions associated with programs 
promoting the development of distressed areas and businesses owned by minorities, disabled 
veterans and women. 
 
3. Nothing in this annex shall be construed to prevent any state entity from applying restrictions 
that promote the general environmental quality in that state, as long as such restrictions are not disguised barriers to international trade. 
 4. The Agreement shall not apply to any procurem ent made by a covered entity on behalf of non-
covered entities at a different level of government. 
 5. The Agreement shall not apply to restrictions  attached to Federal funds for mass transit and 
highway projects. 
 
[NOTE:  The remainder of A nnex 2 remains unchanged by the proposed modifications.] 
 GPA/W/208 
Page 8 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 1/6
 
...2002(WT/Let/...)   
ATTACHMENT B 
 
UNITED STATES  
 
(Authentic in the English language only) 
 
ANNEX 2 
 
Sub-Central Government Entities wh ich Procure in Accordance 
With the Provisions of this Agreement  
 
 
Threshold : 355,000 SDRs for supp lies and services 
  5 million SDRs for construction  List of Entities : 
 
Arizona
 
 Executive branch agencies  Arkansas
 
 
Executive branch agencies, including universities but excluding the Office of Fish and Game and 
construction services  California
 
 
Executive branch agencies 
 Colorado
 
 Executive branch agencies 
 
Connecticut
 
 Department of Administrative Services Connecticut Department  of Transportation 
Connecticut Department of Public Works 
Constituent Units of Higher Education 
 Delaware
* 
 Administrative Services (Central Procurement Agency) 
State Universities 
State Colleges  Florida
* 
 Executive branch agencies 
 GPA/W/208 
Page 9 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 2/6
 
...2002(WT/Let/...)  Hawaii  
 
Department of Accounting and Gene ral Services (with the exception of procurements of software 
developed in the state and construction)  Idaho
 
 
Central Procurement Agency (including all colleges  and universities subject to central purchasing 
oversight)  Illinois
* 
 Department of Central Management Services 
 
Iowa
* 
 Department of General Services Department of Transportation 
Board of Regents' Institutions (universities) 
 Kansas
 
 Executive branch agencies, excluding construction services, automobiles and aircraft 
 
Kentucky
 
 Division of Purchases, Finance and Administra tion Cabinet, excluding construction projects 
 Louisiana
 
 
Executive branch agencies  Maine
* 
 
Department of Administrative and Financial Services 
Bureau of General Services (covering state government agencies    and school construction) Maine Department of Transportation 
 Maryland
* 
 
Office of the Treasury Department of the Environment Department of General Services Department of Housing and Community Development 
Department of Human Resources 
Department of Licensing and Regulation Department of Natural Resources Department of Public Safety  and Correctional Services 
Department of Personnel Department of Transportation 
 GPA/W/208 
Page 10 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 3/6
 
...2002(WT/Let/...)  Massachusetts  
 
Executive Office for Administration and Finance 
Executive Office of Communities and Development Executive Office of Consumer Affairs Executive Office of Economic Affairs Executive Office of Education 
Executive Office of Elder Affairs 
Executive Office of Environmental Affairs Executive Office of He alth and Human Service 
Executive Office of Labor Executive Office of  Public Safety 
Executive Office of Tran sportation and Construction 
 
Michigan
* 
 Department of Management and Budget  
Minnesota
 
 Executive branch agencies  Mississippi
 
 
Department of Finance and Administ ration (does not include services) 
 Missouri
 
 Office of Administration 
Division of Purchasing and Materials Management 
 Montana
 
 Executive branch agencies (only for services and construction) 
 
New York
* 
 State agencies State university system Public authorities and public benefit corporations, with the exception of those entities with multi-state 
mandates 
 In addition to the exceptions noted at the end of this  annex, transit cars, buses  and related equipment are 
not covered.  
Nebraska
 
 Central Procurement Agency  New Hampshire
* 
 
Central Procurement Agency GPA/W/208 
Page 11 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 4/6
 
...2002(WT/Let/...)   
Oklahoma * 
 
Office of Public Affairs and all state agencies and departments subject to  the Oklahoma Central 
Purchasing Act, excluding construction services.  Oregon
 
 
Department of Administrative Services  Pennsylvania
* 
 Executive branch agencies, including: 
 
Governor's Office Department of the Auditor General Treasury Department Department of Agriculture 
Department of Banking 
Pennsylvania Securities Commission Department of Health Department of Transportation Insurance Department 
Department of Aging 
Department of Correction Department of Labor and Industry Department of Military Affairs Office of Attorney General Department of General Services 
Department of Education 
Public Utility Commission Department of Revenue Department of State Pennsylvania State Police 
Department of Public Welfare 
Fish Commission Game Commission Department of Commerce Board of Probation and Parole Liquor Control Board 
Milk Marketing Board 
Lieutenant Governor's Office Department of Community Affairs Pennsylvania Historical and Museum Commission Pennsylvania Emergency Management Agency 
State Civil Service Commission 
Pennsylvania Public  Television Network 
Department of Environmental Resources State Tax Equalization Board Department of Public Welfare State Employees' Retirement System 
Pennsylvania Municipal Retirement Board GPA/W/208 
Page 12 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 5/6
 
...2002(WT/Let/...)  Public School Employee s' Retirement System 
Pennsylvania Crime Commission 
Executive Offices 
 Rhode Island
 
 Executive branch agencies, excluding boats, automobiles, buses and related equipment 
 
South Dakota
 
 Central Procuring Agency (including universities and penal institutions) 
 In addition to the exceptions noted at the end of th is annex, procurements of  beef are not covered. 
 
Tennessee
 
 Executive branch agencies (excluding services and construction)  
Texas
 
 Texas Building and Pr ocurement Commission 
 Utah
 
 
Executive branch agencies  Vermont
 
 Executive branch agencies 
 
Washington
 
 Washington State executive branch agencies, including:  
General Administration 
Department of Transportation State Universities  In addition to the exceptions noted at the end of this  annex, procurements of fuel, paper products, boats, 
ships and vessels are not covered. 
 
Wisconsin
 
 Executive branch agencies, including  
Department of Administration 
State Correctional Institutions Department of Development Educational Communications Board Department of Employment Relations State Historical Society 
Department of Health and Social Services GPA/W/208 
Page 13 
 
APPENDIX I UNITED STATES  ANNEX 2 Page 6/6
 
...2002(WT/Let/...)  Insurance Commissioner 
Department of Justice 
Lottery Board 
Department of Natural Resources Administration for Public Instruction Racing Board Department of Revenue 
State Fair Park Board 
Department of Transportation State University System  Wyoming
* 
 
Procurement Services Division 
Wyoming Department of Transportation University of Wyoming  
Notes to Annex 2  
 
In addition to the conditions specified in the General  Notes, the following conditions apply: 
 1. For those states marked by an asterisk with pre-existing restrictions, the Agreement does not 
apply to procurement of construction-grade stee l (including requirements  on subcontracts), 
motor vehicles and coal. 
 2. The Agreement shall not apply to preferences or restrictions associated with programs 
promoting the development of distressed areas and businesses owned by minorities, disabled 
veterans and women. 
 
3. Nothing in this annex shall be construed to prevent any state entity from applying restrictions 
that promote the general environmental quality in that state, as long as such restrictions are not disguised barriers to international trade. 
 4. The Agreement shall not apply to any procurem ent made by a covered entity on behalf of non-
covered entities at a different level of government. 
 5. The Agreement shall not apply to restrictions  attached to Federal funds for mass transit and 
highway projects. 
 
[NOTE:  The remainder of A nnex 2 remains unchanged by the proposed modifications.] 
__________