RESTRICTED  ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  GPA/O/USA/5 
30 de noviembre de 2010 
 
 (10-6472) 
Comité de Contratación Pública Original:   inglés 
  
 
NEGOCIACIONES SOBRE LA AMPLIACIÓN DEL ÁMBITO  
DE APLICACIÓN Y LA ELIMINACIÓN DE LAS MEDIDAS  
Y PRÁCTICAS DISCRIMINATORIAS DE CONFORMIDAD  
CON LOS APARTADOS b) Y c) DEL PÁRRAFO 7 DEL 
ARTÍCULO XXIV DEL ACUERDO SOBRE  
CONTRATACIÓN PÚBLICA 
Comunicación de los Estados Unidos
1 
 
Oferta prefinal  
 
 
 La siguiente comunicación, de fecha 30 de novi embre de 2010 se distribuye a petición de la 
delegación de los Estados Unidos.  
                                                     
 
1 En inglés solamente. GPA/O/USA/5 
Página 2  
 
  PRE-FINAL OFFER OF THE UNITED STATES 
(29 NOVEMBER 2010) 
 
 To contribute to the conclusion of the nego tiations under Article XXIV:7 of the Agreement 
on Government Procurement, the United States subm its this Pre-Final Offer.  The United States is 
expanding its coverage with th e addition to Annex 1 of the following 11 Federal agencies: 
 
o Transportation Security Administration (under the Department of Homeland Security) 
with the exception of its procurement of textiles and apparel 
o Advisory Council on Historic Preservation 
o Court Services and Offender Supervision Ag ency for the District of Colombia  
o Federal Energy Regulatory Commission 
o Federal Housing Finance Agency 
o Federal Labor Relations Authority 
o National Assessment Governing Board 
o National Endowment for the Arts 
o National Endowment for the Humanities 
o U.S. Marine Mammal Commission 
o United States Access Board 
  The United States reserves the right to withdraw, amend, or restrict this pre-final offer at any 
time during the course of the negotiations. 
 
 Modifications from the Second Revised O ffer of the United States are noted in bold, 
underlining, and strikeout. 
 
ANNEX 1 
 
Central Government Entities 
 
1. This Agreement applies to the 
central government entities listed in this Annex where the 
value of the procurement is estimated, in accordance with paragraphs 68 through 810 of Article II, to 
equal or exceed, for procurement of: 
  (a) goods and services: 130,000 SDRs 
  (b) construction services: 5 million SDRs 
 
2. Unless otherwise specified in this Annex, all agencies subordinate to the listed entities are 
covered by this Agreement.  List of Entities : 
 
1. Advisory Commission on In tergovernmental Relations 
2. African Development Foundation 3. Alaska Natural Gas Transportation System  
4. American Battle Monuments Commission 5. Appalachian Regional Commission 
6. Broadcasting Board of Governors 
7. Commission of Fine Arts 8. Commission on Civil Rights 9. Commodity Futures Trading Commission 10. Consumer Product Safety Commission  GPA/O/USA/5 
 Página 3 
 
 
  11. Corporation for National and Community Service 
12. Delaware River Basin Commission 13. Department of Agriculture (Note 1) 14. Department of Commerce (Note 2) 15. Department of Defense (Note 3) 
16. Department of Education 
17. Department of Energy (Note 4) 18. Department of Health and Human Services 19. Department of Homeland Security (Note 5) 20. Department of Housing and Urban Development 
21. Department of the Interior 
22. Department of Justice 23. Department of Labor 24. Department of State 25. Department of Transportation (Note 6) 
26. Department of the Treasury 
27. Department of Veterans Affairs 28. Environmental Protection Agency 29. Equal Employment Opportunity Commission 30. Executive Office of the President 31. Export-Import Bank of  the United States 
32. Farm Credit Administration 
33. Federal Communications Commission 34. Federal Crop Insurance Corporation 35. Federal Deposit Insurance Corporation 36. Federal Election Commission 
37. Federal Home Loan Mortgage Corporation 
38. Federal Housing Finance Board 39. Federal Maritime Commission 40. Federal Mediation a nd Conciliation Service 
41. Federal Mine Safety a nd Health Review Commission 
42. Federal Prison Industries, Inc. 
43. Federal Reserve System 
44. Federal Retirement Th rift Investment Board 
45. Federal Trade Commission 46. General Services Ad ministration (Note 7) 
47. Government National Mortgage Association 
48. Holocaust Memorial Council 
49. Inter-American Foundation 50. Merit Systems Protection Board 51. National Aeronautics and Space Administration 52. National Archives a nd Records Administration 
53. National Capital Planning Commission 
54. National Commission on Librar ies and Information Science 
55. National Council on Disability 56. National Credit Union Administration 57. National Foundation on the Arts and the Humanities 58. National Labor Relations Board 
59. National Mediation Board 
60. National Science Foundation 61. National Transportation Safety Board 62. Nuclear Regulatory Commission 63. Occupational Safety and Health Review Commission GPA/O/USA/5 
Página 4  
 
  64. Office of Government Ethics 
65. Office of the Nuclear Waste Negotiator 66. Office of Personnel Management 67. Office of Special Counsel 68. Office of Thrift Supervision 
69. Overseas Private Investment Corporation 
70. Peace Corps 71. Railroad Retirement Board 72. Securities and Exchange Commission 73. Selective Service System 
74. Small Business Administration 
75. Smithsonian Institution 76. Social Security Administration 77. Susquehanna River Basin Commission 78. United States Agency for International Development (Note 8) 
79. United States International Trade Commission 
80. Uranium Enrichment Corporation 
81. Advisory Council on Historic Preservation
 
82. Court Services and Offender Supervision Agency for the District of Columbia  
83. Federal Energy Regulatory Commission  
84. Federal Housing Finance Agency  
85. Federal Labor Relations Authority  
86. National Assessment Governing Board  
87. National Endowment for the Arts  
88. National Endowment for the Humanities  
89. U.S. Marine Mammal Commission  
90. United States Access Board  
 
Notes to Annex 1 
 
1. Department of Agriculture :  This Agreement does not c over the procurement of any 
agricultural good made in furtherance of an agri cultural support program or a human feeding program.  
 
2. Department of Commerce :  This Agreement does not cover the procurement of any good or 
service related to the shipbuilding activities of  the U.S. National Oceanic and Atmospheric 
Administration (NOAA).  
 
3. Department of Defense : 
  (a) This Agreement does not cover the procur ement of any good described in any Federal 
Supply Code classification listed below (for complete listing of U.S. Federal Supply 
Classification, see www.scrantonrtg.com/secrc/fsc-codes/fsc.html
): 
 
FSC 19 Ships, Small Craft, Pontoons, and Floating Docks (the part of this 
classification defined as naval vessels or major components of the hull or superstructure thereof) 
FSC 20 Ship and Marine Equipment (the part of this classification defined as 
naval vessels or major components of the hull or superstructure 
thereof) 
  FSC 2310 Passenger Motor Vehicles (only buses)   FSC 5l  Hand Tools   FSC 52  Measuring Tools  GPA/O/USA/5 
 Página 5 
 
 
    FSC 83  Textiles, Leather, Furs, Apparel, Shoes, Tents, and Flags (all 
elements other than pins, needles,  sewing kits, flagstaffs, flagpoles, 
and flagstaff trucks) 
  FSC 84  Clothing, Individual Equipmen t, and Insignia (all elements other than 
sub-class 8460 - luggage) 
FSC 89 Subsistence (all elements other than sub-class 8975 - tobacco 
products) 
  (b) This Agreement does not cover the procurement of any specialty metal or any good 
containing one or more specialty metals.  "Specialty metal" means: 
 
  (i) steel for which the maximum allo y content exceeds one or more of the 
following levels:  manganese, 1.65 per cent;  silicon, 0.60 per cent;  or copper, 0.60 per cent; 
 
  (ii) steel that contains more than 0.25 per cent of any of the following elements:  
aluminium, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium; 
   (iii) a metal alloy consisting of a nick el, iron-nickel, or cobalt base alloy that 
contains a total of other alloying metals (except iron) in excess of 10 per cent; 
 
  (iv) titanium or a titanium alloy;  or    (v) zirconium or a zirconium base alloy.  
 (c) The Agreement generally does not cove r the procurement of any good described in 
any of the following FSC classi fications, due to the application of paragraph 1 of 
Article III:  
 
FSC 10  Weapons FSC 11  Nuclear Ordnance 
FSC 12  Fire Control Equipment 
FSC 13  Ammunitions and Explosives FSC 14  Guided Missiles FSC 15  Aircraft and Airframe Structural Components FSC 16  Aircraft Components and Accessories 
FSC 17  Aircraft Launching, Landing, and Ground Handling Equipment 
FSC 18  Space Vehicles FSC 19  Ships, Small Craft, Pontoons, and Floating Docks FSC 20  Ship and Marine Equipment FSC 2350 Combat, Assault & Tactical Vehicles, Tracked FSC 28  Engines, Turbines, and Components 
FSC 31  Bearings 
FSC 58  Communications, Detection, and Coherent Radiation FSC 59  Electrical and Electronic Equipment Components 
FSC 8140  Ammunition & Nuclear Ordnance Boxes, Packages & Special 
Containers 
FSC 95  Metal Bars, Sheets, and Shapes 
 GPA/O/USA/5 
Página 6  
 
   (d) This Agreement generally covers the procurement of the following FSC categories 
subject to United States Government determ inations under paragraph 1 of Article III: 
 
 FSC 22 Railway Equipment  FSC 23 Motor Vehicles, Trailers, and Cycles (except buses in 2310) 
 FSC 24 Tractors 
 FSC 25 Vehicular Equipment Components  FSC 26 Tyres and Tubes  FSC 29 Engine Accessories 
FSC 30 Mechanical Power Transmission Equipment 
FSC 32 Woodworking Machinery and Equipment 
FSC 34 Metalworking Machinery FSC 35 Service and Trade Equipment FSC 36 Special Industry Machinery FSC 37 Agricultural Machinery and Equipment 
FSC 38 Construction, Mining, Excav ating, and Highway Maintenance 
 Equipment 
FSC 39 Materials Handling Equipment FSC 40 Rope, Cable, Chain and Fittings FSC 41 Refrigeration and Air Conditioning Equipment FSC 42 Fire Fighting, Rescue and Safety Equipment 
FSC 43 Pumps and Compressors 
FSC 44 Furnace, Steam Plant, Drying Equipment and Nuclear Reactors 
FSC 45 Plumbing, Heating and Sanitation Equipment FSC 46 Water Purification and Sewage Treatment Equipment 
FSC 47 Pipe, Tubing, Hose and Fittings 
FSC 48 Valves 
FSC 49 Maintenance and Repair Shop Equipment FSC 53 Hardware and Abrasives FSC 54 Prefabricated Structures and Scaffolding FSC 55 Lumber, Millwork, Plywood and Veneer FSC 56 Construction and Building Materials 
FSC 61 Electric Wire, and Power and Distribution Equipment 
FSC 62 Lighting Fixtures and Lamps FSC 63 Alarm and Signal Systems FSC 65 Medical, Dental , and Veterinary E quipment and Supplies 
FSC 66 Instruments and Laboratory Equipment 
FSC 67 Photographic Equipment 
FSC 68 Chemicals and Chemical Products FSC 69 Training Aids and Devices FSC 70 General Purpose ADPE, Softwa re, Supplies and Support Equipment 
FSC 71 Furniture FSC 72 Household and Commercial  Furnishings and Appliances 
FSC 73 Food Preparation and Serving Equipment 
FSC 74 Office Machines, Visible Record Equipment and ADP Equipment FSC 75 Office Supplies and Devices FSC 76 Books, Maps and Other Publications FSC 77 Musical Instruments, Phon ographs, and Home Type Radios 
FSC 78 Recreational and Athletic Equipment  
FSC 79 Cleaning Equipment and Supplies FSC 80 Brushes, Paints, Sealers and Adhesives 
FSC 81 Containers, Packag ing and Packing Supplies 
FSC 85 Toiletries  GPA/O/USA/5 
 Página 7 
 
 
  FSC 87 Agricultural Supplies 
FSC 88 Live Animals FSC 91 Fuels, Lubricants, Oils and Waxes FSC 93 Non-metallic Fa bricated Materials 
FSC 94 Non-metallic Crude Materials 
FSC 96 Ores, Minerals and their Primary Products 
FSC 99 Miscellaneous 
 4. Department of Energy
:  Due to the application of paragr aph 1 of Article III, this Agreement 
does not cover the procurement of: 
 
 (a) Any good or service made to support the safeguarding of nuclear materials or 
technology, where the Department of En ergy conducts the procurement under the 
authority of the Atomic Energy Act ;  or 
 
 (b) Any oil purchase related to the Strategic Petroleum Reserve. 
 5. Department of Homeland Security
: 
  (a) This Agreement does not cover proc urement by the Transportation Security 
Administration  of FSC 83 (Textiles, Leather, Furs, Apparel, Shoes, Tents, and 
Flags) and FSC 84 (Clothing, Individual Equipment, and Insignia) . 
  (b) The national security considerations app licable to the Department of Defense apply 
equally to the U.S. Coast Guard. 
 
6. Department of Transportation
:  This Agreement does not c over procurement by the Federal 
Aviation Administration.  7. General Services Administration
:  This Agreement does not cover the procurement of any 
good in any of the following FSC categories:  
 FSC 51  Hand Tools 
 FSC 52  Measuring Tools  FSC 7340 Cutlery and Flatware  8. United States Agency for International Development
:  This Agreement does not cover 
procurement for the direct purpose of providing foreign assistance. 
 
ANNEX 2 
 
Sub-Central Government Entities 
  This Agreement applies to the sub-centr al government entities listed in this Annex , where the 
value of the procurement is estimated, in accordance with paragraphs 6
8 through 810 of Article II, to 
equal or exceed for procurement of:   (a) goods and services: 355,000 SDRs 
 
 (b) construction services: 5 million SDRs  GPA/O/USA/5 
Página 8  
 
  List of Entities : 
 Arizona
 
Executive branch agencies  
Arkansas
 
Executive branch agencies , including universities 
 For the entities listed for Arkansas, this Agreement does not cover procurement by the Office of Fish 
and Game or 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  Hawaii
 
Department of Accounti ng and General Services 
 For the entity listed for Hawaii, this Agreement doe s not cover procurement of software developed in 
the state or construction services.  
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   GPA/O/USA/5 
 Página 9 
 
 
  For the entities listed for Kansas, this Agreement does not cover the procurement of construction 
services, automobiles, or aircraft.  Kentucky
 
Division of Purchases  Office of Procurement Services , Finance and Administration Cabinet 
[Note:  This revision is based on U.S. prop osed modifications in GPA/MOD/USA/9, dated 
22 November 2010.] 
 
For the entity listed for Kentucky, this Agreement do es not cover procurement for construction projects. 
 
Louisiana  
Executive branch agencies  Maine
* 
Department of Administrative and Financial Services 
Bureau of General Services (cov ering procurement by state government agencies and procurement 
related to 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  Massachusetts
 
Executive Office for Administration and Finance 
Executive Office of Communities  Housing  and Economic  Development 
Executive Office of Consumer Affairs  
Executive Office of  Economic Affairs  
Executive Office of Education Executive Office of Elder Affairs 
Executive Office of Energy and  
Environmental Affairs 
Executive Office of He alth and Human Services  
Executive Office of Labor  and Workforce Development  
Executive Office of  Public Safety 
Executive Office  Massachusetts Department  of Transportation and Construction  
[Note:  These revisions are based on U.S. pr oposed modifications in GPA/MOD/USA/9, dated 
22 November 2010.] 
 
Michigan * 
Department of Technology,  Management and Budget 
[Note:  This revision is based on U.S. prop osed modifications in GPA/MOD/USA/9, dated 
22 November 2010.] 
 
Minnesota  
Executive branch agencies GPA/O/USA/5 
Página 10  
 
   
Mississippi
 
Department of Finance and Administration  For the entity listed for Mississippi, this Agreemen t does not cover the procurement of services. 
 
Missouri
 
Office of Administration Division of Purchasing and Materials Management  
Montana
 
Executive branch agencies  For the entities listed for Montana, this Agreement covers only the procurement of services, including construction services. 
 
Nebraska
 
Central Procurement Agency  New Hampshire
* 
Central Procurement Agency 
 
New York * 
State agencies State university system Public authorities and public benefit corporations 
 
For the entities listed for New York , this Agreement does not cover: 
  (a) procurement by public authorities and pub lic benefit corporations with multi-state 
mandates;  or 
 
 (b) the procurement of transit cars, buses, or related equipment. 
 Oklahoma
* 
Department of Central Services and all state agencies and departments subject to the Oklahoma Central Purchasing Act, including: 
 
For the entities listed for Oklahoma, this Agreem ent does not cover the procurement of 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  GPA/O/USA/5 
 Página 11 
 
 
   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  Public School Employee s' Retirement System 
 Pennsylvania Crime Commission 
 Executive Offices  Rhode Island
 
Executive branch agencies 
 
For the entities listed for Hawaii, this Agreement does  not cover the procurement of boats, automobiles, 
buses, or related equipment.  South Dakota
 
Central Procuring Agency  Bureau of Administration  (including universities and penal institutions) 
[Note:  This revision is based on U.S. prop osed modifications in GPA/MOD/USA/9, dated 
22 November 2010.] 
 
For the entities listed for South Dakota, this Ag reement does not cover th e procurement of beef. 
 
Tennessee  
Executive branch agencies   For the entities listed for Tennessee, this Agr eement does not cover the procurement of services, 
including construction services. GPA/O/USA/5 
Página 12  
 
   
Texas
 
Comptroller of Public Accounts Texas Building and Procurement Commission   
[Note:  This revision is based on U.S. prop osed modifications in GPA/MOD/USA/9, dated 
22 November 2010.] 
 
Utah  
Executive branch agencies  Vermont
 
Executive branch agencies 
 Washington
 
Washington State executive branch agencies, including: General Administration 
Department of Transportation 
 State Universities  For the entities listed for Washington, this Agreem ent does not cover the procurement of fuel, paper 
products, boats, ships, or vessels. 
 
Wisconsin
 
Executive branch agencies, including:  Administration for Public Instruction  Department of Administration 
 Department of Commerce
 Developme nt 
 Department of Corrections State Correctional Institutions [Note:  These revisions are 
 based on U.S. proposed modifications in GPA/MOD/USA/9, dated 22 November 2010.]  
 Department of Employment Relations 
 Department of Health and Social Services  Department of Justice 
 Department of Natural Resources 
 Department of Revenue  Department of Transportation  Educational Communications Board  Insurance Commissioner 
 Lottery Board 
 Racing Board  State Fair Park Board  State Historical Society  State University System  
Wyoming
* 
Procurement Services Division Wyoming Department of Transportation University of Wyoming   GPA/O/USA/5 
 Página 13 
 
 
  Notes to Annex 2  
 
1. For those states marked by an asterisk (*), i ndicating pre-existing restrictions, this Agreement 
does not cover procurement of construction-grade steel (including requirements on subcontracts), 
motor vehicles, or coal. 
 
2. The states listed in this Annex may apply preferences or restrictions associated with programs promoting the development of distressed areas or  businesses owned by minorities, disabled veterans, 
or women.  
3. Nothing in this Annex shall be  construed to prevent any state entity from applying restrictions 
that promote the general environmental quality in th at state, as long as such restrictions are not 
disguised barriers to international trade.  4. This Agreement does not cover any procuremen t made by a covered entity on behalf of a 
non-covered entity at a different level of government. 
 5. For the states listed in this Annex, this Agre ement does not apply to restrictions attached to 
federal funds for mass transit and highway projects.  6. This Agreement does not cover the procurem ent of printing services by the entities listed in 
this Annex.  
 
ANNEX 3 
 
Other Entities  
 
 This Agreement applies to the entities listed in this Annex where the value of the procurement 
is estimated, in accordance with paragraphs 6
8 through 810 of Article II, to equal or exceed: 
  (a) for procurement of goods and services:  
  (i) by List A entities:  the SDR equivalent of US$250,000;  or 
   (ii) by List B entities:  400,000 SDRs;   (b) for procurement of construction services:  5 million SDRs 
 
List of Entities : 
 List A
: 
 
1. Tennessee Valley Authority 2. Bonneville Power Administration 
3. Western Area Po wer Administration 
4. Southeastern Power Administration 5. Southwestern Power Administration 6. St. Lawrence Seaway Development Corporation 
7. Rural Utilities Service Financing (Note 1)  [N .B.  The United States will reduce the threshold 
applied by this entity, provided the other Parties make the same reduction in the thresholds applied by comparable entities.]  
 GPA/O/USA/5 
Página 14  
 
  List B
: 
 
1. Port Authority of New York and New Jersey (Note 2) 
2. Port of Baltimore (Note 3) 3. New York Power Authority (Note 4) 
 
List C:
 
 1. U.S. Department of Agriculture, Rural Utilities Service, Water and Waste Disposal Programs  
(Note 6) 
 
2. U.S. Department of Agriculture, Rural Housing Service, Community Facilities Program 
(Note 6) 
 3. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy 
Efficiency and Conservation Block Grants  (Note 6) 
 4. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, State 
Energy Program  (Note 6) 
 5. U.S. Department of Housing and Urban Development, Office of Community Planning and 
Development, Community Development Block Grants Recovery  (CDBG-R)  (Note 6) 
 6. U.S. Department of Housing and Urban Development, Office of  Public and Indian Housing, 
Public Housing Capital Fund  (Note 6) 
 
7. U.S. Environmental Protection Agency, Clean Water and Drinking Water State Revolving 
Funds,  for projects funded by reallocated ARRA funds where the contracts are signed after 
17 February 2010 (Note 6) 
 
Notes to Annex 3 
 
1. The Rural Utilities Service shall not impose any domestic pur chase requirement as a condition 
of its financing of any power ge neration or telecommunication projec t that exceeds the thresholds 
specified above.  The Rural Utilities Service unde rtakes no other commitments  with respect to its 
financing of power generation and telecommunications projec ts.  [N.B.  The United States will cover 
funding for telecommunications proj ects, provided that ot her Parties provide re ciprocal access.] 
 
2. Port Authority of New York and New Jersey
: 
  (a) This Agreement does not cover:    (i) procurement of maintenance, repa ir, and operating mate rials and supplies ( e.g., 
 hardware, tools, lamps/lighting, and plumbing);  or 
   (ii) procurement pursuant to  multi-jurisdictional agreement ( i.e., for contracts that
 have initially been awarded by other jurisdictions). 
 
 (b) In exceptional cases, the Board of Di rectors may require the purchase of certain 
goods produced in the region.  This Agreement does not apply to any procurement subject to such a requirement. 
  GPA/O/USA/5 
 Página 15 
 
 
  3. Port of Baltimore :  Procurement covered by this Agre ement is subject to the conditions 
specified for the State of New York in Annex 2.  4. New York Power Authority
:  Procurement covered by this  Agreement is subject to the 
conditions specified for the Stat e of New York in Annex 2. 
 
5. With respect to procurement by entities listed in this Annex, the Agreement does not apply to 
restrictions attached to federal funds for airport projects.  6. For the programs listed in List C, entiti es shall not impose, through 30 September 2011,  the 
domestic purchasing requirement  of section 1605(a) of the American Recovery and Reinvestment Act 
of 2009 (ARRA) as a condition of ARRA financing of those programs with respect to Canadian iron, 
steel, or manufactured goods in procurement above the threshold for construction applicable to this 
Annex.  The United States undertakes  no other commitments with respec t to these programs.  [N.B.  The 
United States is prepared to amend Note 6 to apply the commitments therein to any other GPA Party’s 
iron, steel, or manufactured goods, subject to the negotiation of mutu ally acceptable  commitments.] 
 
ANNEX 4 
 
Goods  
  This Agreement applies to the procurement of  all goods procured by the entities listed in 
Annexes 1 through 3, unless otherwis e specified in this Agreement. 
 
ANNEX 5 
 
Services  
 
1. This Agreement applies to the procurement of  all services procured by the entities listed in 
Annexes 1 through 3, unless otherwise specified in this Agreement, including this Annex.  2. This Agreement does not cover the procur ement of any of the following services, as 
elaborated in the Universal List of  Services in document MTN.GNS/W/120: 
  (a) All transportation services, including La unching Services (CPC Categories 71, 72, 73, 
74, 8859, 8868). 
 
 (b) Services associated with the management  and operation of gover nment facilities, or 
privately owned facilities used for governme ntal purposes, including federally funded 
research and development centers (FFRDCs). 
  (c) Public utilities  services, including: 
 
  (i) Telecommunications and ADP-related telecommunications services except 
 enhanced ( i.e., value-added) telecommunications services (Note 1). 
 
(ii) Wire-based voice telecommunicatio ns services connecting to the public-
switched network, except for public mob ile and public data services offered on 
a fixed or mobile basis or on a terrestrial or satellite basis (Note 2).  N.B.:  The 
United States is reviewing this element of its offer.  
 
 (d) Research and Development.  GPA/O/USA/5 
Página 16  
 
  Notes to Annex 5 
 
1. This Agreement covers the procurement of enhanced ( i.e. value-added) telecommunications 
services only by the entities listed in Annex 2 and List B of Annex 3.  
2. With respect to the procurement of telecommunications services by the entities listed in 
Annex 1 and List A of Annex 3 the following notes govern the procurement of telecommunications services:  
(a) This Agreement covers the procurement of all telecommunications services other 
than wire-based voice telecommunications services connecting to the public-switched 
network.  The telecommunications services covered by this Agreement include the 
following: 
  (i) public and private ( i.e., customized, non-common ca rrier) mobile services, 
including the commercial supply of m obile voice, fax, a nd data services; 
  (ii) public data services ( i.e., services  that are offered on a common carrier basis) 
and private data services ( i.e., services that are offered on a non-common 
carrier basis);  and 
 
 (iii) information services ( i.e., the offering of a capability for generating, 
acquiring, storing, transforming, pro cessing, retrieving, utilizing, or making 
available information via telecommunications); 
 
(b) A procuring entity may include as a cond ition for participation that a supplier of 
another Party may not participate where a foreign government owns or controls, 
directly or indirectly, more than 25 per cent of the supplier's capital stock;  and 
 
(c) For greater certainty, paragraph 1 of  Article III applies to the procurements
 of 
telecommunications services covered by this Agreement. 
 
3. This Agreement does not cover the procuremen t of any service in support of military forces 
located overseas.  
ANNEX 6 
 
Construction Services 
 
1. This Agreement covers the procurement of all construction services procured by the entities 
listed in Annexes 1 through 3, unless otherwise specifi ed in this Agreement, including this Annex, 
and includes procurement by means of a build-ope rate-transfer contract, which is defined as a 
contractual arrangement the primary purpose of which is to provide for the construction or 
rehabilitation of physical infrastructure, plant, buildings, facilities or othe r government-owned works 
and under which, as consideration for a supplier's ex ecution of a contractual arrangement, a procuring 
entity grants to the supplier, for a specified period of time, temporary ownership or a right to control 
and operate, and demand payment for the use of, such works for the duration of the contract. 
 
2. This Agreement does not cover the procurement of dredging services. 
  GPA/O/USA/5 
 Página 17 
 
 
  ANNEX 7 
 
General Notes 
 
 Unless otherwise specified herein, the followi ng General Notes apply without exception to 
this Agreement, including to Annexes 1 through 6. 
 1. This Agreement does not apply to any set asi de on behalf of a small- or minority-owned 
business.  A set-aside may include any form of pref erence, such as the exclusive right to provide a 
good or service, or any price preference. 
 
2. Except as specified otherwise in this A ppendix, this Agreement does not apply to 
non-contractual agreements or any form of govern ment assistance, including cooperative agreements, 
grants, loans, equity infusions, guarantees, fiscal incentives, and governmental provision of goods and 
services to persons or governmental authorities no t specifically covered under the Annexes to this 
Agreement. 
 3. This Agreement does not appl y to the acquisition of fiscal agency or depository services, 
liquidation and management services for regulated financial institutions, and sale and distribution 
services for government debt.  
4. Where a contract to be awarded by an entit y is not covered by this Agreement, this 
Agreement shall not be construed to cover an y good or service component of that contract. 
 5. For goods and services, including construction, of the following co untries and suppliers of such 
goods and services, this Agreement does not apply to pr ocurement by the entities listed in Lists A and B 
in Annex 3 or the waiver described in List B in Annex 3: 
  Canada  The United States is prepared to amend this note at such time as coverage with respect to Annex 3 can be resolved with a Party listed above.  [N.B.  The re moval of this Note is c ontingent upon Canada's offer 
of its provincial hydro utilities.] 
 6. For construction services of the Republic of  Korea and suppliers of such services, this 
Agreement applies only to procurement of the entities  listed in Annexes 2 and 3 above a threshold of 
15 million SDRs.  [N.B.  The removal of this Note is contingent upon Korea's reduction of its thresholds 
to the US level.] 
 7. For goods and services (including constructi on) of Japan and suppliers of such goods and 
services, this Agreement does not apply to proc urement by the National Aeronautics and Space 
Administration.  [N.B.  The removal of this Note  is contingent upon Japan's coverage of the Japan 
Aerospace Exploration Agency.]  
 
8. A service listed in Annex 5 is covered with resp ect to a particular Party only to the extent that 
such Party has included that service in its Annex 5.  9. The United States will not extend the benefits of this Agreement to Japan as regards the award 
of contracts by entities li sted in Annex 3 that are responsible for the generation or distribution of 
electricity.  [N.B.  The removal of this Note is c ontingent upon Japan's coverage of comparable entities.] 
 GPA/O/USA/5 
Página 18  
 
  10. This Agreement does not apply to the procuremen t of transportation services that form a part of, 
or are incidental to, a procurement contract. 
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