RESTRICTED  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  GPA/O/USA/2/Rev.2 
18 February 2010 
 (10-0913) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
 
NEGOTIATIONS ON EXTENSION OF COVERAGE AND ELIMINATION OF  
DISCRIMINATORY MEASURES AND PRACTICES PURSUANT TO  
ARTICLE XXIV:7(b) AND (c) OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from the United States
1 
 
Second Revision  
 
 
 The following communication, dated 12 February 2010, is being circulated at the request of 
the Delegation of the United States. 
 
 
Comité des marchés publics  
 
NÉGOCIATIONS SUR L'EXTENSION DE LA PORTÉE DE L'ACCORD ET 
L'ÉLIMINATION DES MESURES ET PRATIQUES DISCRIMINATOIRES  
AU TITRE DE L'ARTICLE XXIV: 7 b) ET c) DE L'ACCORD  
SUR LES MARCHÉS PUBLICS 
 
Communication des États-Unis1 
 
Deuxième Révision  
  
 La communication ci-après, datée du 12 février 2010, est distribuée à la demande de la 
délégation des États-Unis. 
 
 
Comité de Contratación Pública 
 
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 Unidos1 
 
Segunda Revisión  
  
 La siguiente comunicación, de fecha 12 de fe brero de 2010, se distribuye a petición de la 
delegación de los Estados Unidos. 
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. GPA/O/USA/2/Rev.2 
Page 2  
 
 
SECOND REVISED OFFER OF THE UNITED STATES 
(12 FEBRUARY 2010) 
 
Modifications from first revised offer are high lighted and noted in underline and strikeout. 
 
 
ANNEX 1 
 
Central Government Entities 
 
1. This Agreement applies to central government entities listed in this Annex where the value of 
the procurement is estimated, in accordance with para graphs 8 through 10 of Ar ticle 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 
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  GPA/O/USA/2/Rev.2 
 Page 3 
 
 
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 
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   GPA/O/USA/2/Rev.2 
Page 4  
 
Notes to Annex 1 
 
1. Department of Agriculture
:  This Agreement does not cover 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 US 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 (fo r complete listing of US 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   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 Equipment, 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 classifications, due to the application of paragraph 1 of Article III: 
  GPA/O/USA/2/Rev.2 
 Page 5 
 
 
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 Ordna nce Boxes, Packages & Special 
Containers 
FSC 95  Metal Bars, Sheets, and Shapes 
  (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 GPA/O/USA/2/Rev.2 
Page 6  
 
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 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 Energy 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. 
  (b) The national security considerations app licable to the Department of Defense apply 
equally to the US 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 
  GPA/O/USA/2/Rev.2 
 Page 7 
 
 
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 8 through 10 of Article II, to 
equal or exceed for procurement of: 
  (a) goods and services: 355,000 SDRs   (b) construction services: 5 million SDRs 
 
List of Entities : 
 Arizona
 
Executive branch agencies  
Arkansas
 
Executive branch agencies , including universities 
 For the entities listed for Arkansas , this Agreement does not cover pr ocurement 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 does  not cover procurement of software developed in 
the state or construction services.  GPA/O/USA/2/Rev.2 
Page 8  
 
Idaho
 
Central Procurement Agency (including all colleges  and universities subjec t 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  
For the entities listed for Kansas, this Agreemen t does not cover the procurement of construction 
services, automobiles, or aircraft.  Kentucky
 
Division of Purchases, Financ e and Administration Cabinet 
 
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 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  GPA/O/USA/2/Rev.2 
 Page 9 
 
 
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 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 Agreemen t covers only the procurement of services, including 
construction services.  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 public benefit corporations with multi-state 
mandates;  or 
  (b) the procurement of transit cars, buses, or related equipment.  Nebraska
 
Central Procurement Agency 
 New Hampshire
* 
Central Procurement Agency  Oklahoma
* 
Office of Public Affairs  Department of Central Services  and all state agencies and departments subject 
to the Oklahoma Central Purchasing Act 
[N.B.  This revision is based on US notifica tion GPA/MOD/USA/6, which was made pursuant to 
the procedures of Article XXIV:6 and became effective on 6 November 2008.] 
 For the entities listed for Oklaho ma, this Agreement does not cover the procurement of construction 
services.  Oregon
 
Department of Administrative Services 
 GPA/O/USA/2/Rev.2 
Page 10  
 
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 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 boa ts, automobiles, 
buses, or related equipment. 
 South Dakota
 
Central Procuring Agency (including universities and penal institutions) 
 
For the entities listed for South Dakota, this Ag reement does not cover th e procurement of beef.  GPA/O/USA/2/Rev.2 
 Page 11 
 
 
 Tennessee
 
Executive branch agencies  For the entities listed for Tennessee, this Agreem ent does not cover the procurement of services, 
including construction services. 
 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 
 
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: 
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 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 
  GPA/O/USA/2/Rev.2 
Page 12  
 
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 that state, as long as such restrictions are not disguised barriers to international trade.  4. This Agreement does not cover any procurem ent 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 8 through 10 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 (Notes
 )  [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/2/Rev.2 
 Page 13 
 
 
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. US Department of Agriculture, Rural Utilities Service, Water and Waste Disposal Programs
 
(Note 6)  
 
2. US Department of Agriculture, Rural Housing Service, Community Facilities Program 
(Note 6)  
 3. US Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy 
Efficiency and Conservation Block Grants  (Note 6)  
 4. US Department of Energy, Office of Energy Efficiency and Renewable Energy, State Energy 
Program  (Note 6)  
 5. US Department of Housi ng and Urban Development, Office of Community Planning and 
Development, Community Development Block Grants Recovery  (CDBG-R)  (Note 6)  
 6. US Department of Housing and Urban Development, Office of  Public and Indian Housing, 
Public Housing Capital Fund  (Note 6)  
 
7. US 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 purchase re quirement as a condition 
of its financing of any power generation or tel ecommunication project that exceeds the thresholds 
specified above.  The Rural Utilities Service under takes no other commitments with respect to its 
financing of power generation a nd telecommunications projects. 
[N.B.  The United States will cover funding for telecommunications projects, provided that other 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/2/Rev.2 
Page 14  
 
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, en tities 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 mutually 
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 manageme nt and operation of govern ment facilities, or 
privately owned facilities used for governm ental 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 mobile and public data services offered on 
a fixed or mobile basis or on a terr estrial or satellite basis (Note 2). 
 
 (d) Research and Development.  GPA/O/USA/2/Rev.2 
 Page 15 
 
 
  
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 ser vices 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 carrier) 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/2/Rev.2 
Page 16  
 
ANNEX 7 
 
General Notes 
 
 
 Unless otherwise specified herein, the followi ng General Notes appl y 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 Annexes 2 and  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 these 
aAnnexes  3 can be resolved with a Party listed above.  [N.B.  The removal of this Note is contingent 
upon Canada's offer of its provinces and  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 an d 3 above a threshold of 
15 million SDRs.  [N.B.  The removal of this Note is co ntingent 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 procurement by the National Aeronautics and Space Administration.  [N.B.  The removal of this Note is contin gent 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 listed in Annex 3 that are responsible for the generation or distribution of 
electricity.  [N.B.  The removal of this Note is continge nt upon Japan's coverage of comparable 
entities.]  
  GPA/O/USA/2/Rev.2 
 Page 17 
 
 
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. 
 
__________