WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/USA/2 
22 December 2005 
 (05-6224) 
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 
  
 The following communication, dated 19 December 2005, 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-Unis
1 
 
 
 La communication ci-après, datée du 19 décembr e 2005, 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 
   La siguiente comunicación, de fecha de 19 diciembre de 2005, 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 
Page 2  
 
 
INITIAL OFFER OF THE UNITED STATES 
 
  
 The United States is pleased to present its Initia l Offer, in accordance with Article XXIV:7 of 
the Agreement on Government Procurement.  The US Offer is contingent on the other Parties offering 
reciprocal government procurement opportunities fo r US goods, services, and suppliers in their 
procurement markets.  The United States reserves the right to withdraw or m odify any element of its 
offer pending the conclusion of the negotiations. 
 
 The Initial Offer incorporates the revisions in  the structure of the US Annexes that the 
United States proposed in its submission to the Committee (Job No. 3373 of 20 May 2005).  The 
Offer also includes clarifications of US notes.  Th e United States reserves the right to make further 
revisions in the structure and content of  its Annexes as the negotiations proceed. 
 
Expansions of coverage are noted in bold and italics. 
  GPA/O/USA/2 
 Page 3 
 
 
 
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 9 through 11 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 : 
 [N.B.  The entities have been rearranged in alphabetical order, with the former location noted in 
brackets; and the limitations on coverage have been moved to the Notes to this Annex, with the 
relevant Note number added after the name of the entity. ] 
 1. Advisory Commission on Intergovernmental Relations [ N.B. Formerly No. 51 ] 
2. African Development Foundation [ N.B. Formerly No. 52 ] 
3. Alaska Natural Gas Transportation System [ N.B. Formerly No. 53] 
4. American Battle Monuments Commission [ N.B. Formerly No. 29 ] 
5. Appalachian Regional Commission [ N.B. Formerly No. 54 ] 
6. Broadcasting Board of Governors [ N.B. Formerly No. 46 ] 
7. Commission of Fine Arts [ N.B. Formerly No. 55 ] 
8. Commission on Civil Rights [ N.B. Formerly No. 47 ] 
9. Commodity Futures Trading Commission [ N.B. Formerly No. 48 ] 
10. Consumer Product Safety Commission [ N.B. Formerly No. 40 ] 
11. Corporation for National and Community Service [ N.B. Formerly No. 23 ] 
12. Delaware River Basin Commission [ N.B. Formerly No. 56 ] 
13. Department of Agriculture (Note 1) [ N.B. Formerly No.  1] 
14. Department of Commerce (Note 2) [ N.B. Formerly No. 2 ] 
15. Department of Defense (Note 3) [ N.B. Formerly No. 80 ] 
16. Department of Education [ N.B. Formerly No. 3 ] 
17. Department of Energy (Note 4) [ N.B. Formerly No. 13 ] 
18. Department of Health and Human Services [ N.B. Formerly No. 4 ] 
19. Department of Homeland Security (Note 5) [ N.B. Formerly No. 58 ] 
20. Department of Housing and Urban Development [ N.B. Formerly No. 5 ] 
21. Department of the Interior [ N.B. Formerly No. 6 ] 
22. Department of Justice [ N.B. Formerly No. 7 ] 
23. Department of Labor [ N.B. Formerly No. 8 ] 
24. Department of State [ N.B. Formerly No. 9 ] 
25. Department of Transportation (Note 6) [ N.B. Formerly No. 12 ] 
26. Department of the Treasury [ N.B. Formerly No. 11 ] 
27. Department of Veterans Affairs [ N.B. Formerly No. 16 ] 
28. Environmental Protection Agency [ N.B. Formerly No. 17 ] 
29. Equal Employment Opportunity Commission [ N.B. Formerly No. 41 ] 
30. Executive Office of the President [ N.B. Formerly No. 19 ] GPA/O/USA/2 
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31. Export-Import Bank of the United States [ N.B. Formerly No. 35 ] 
32. Farm Credit Administration [ N.B. Formerly No. 20 ] 
33. Federal Communications Commission [ N.B. Formerly No. 30 ] 
34. Federal Crop Insurance Corporation [ N.B. Formerly No. 76 ] 
35. Federal Deposit Insurance Corporation [ N.B. Formerly No. 39 ] 
36. Federal Election Commission [ N.B. Formerly No. 57 ] 
37. Federal Home Loan Mortgage Corporation [ N.B. Formerly No. 59 ] 
38. Federal Housing Finance Board [ N.B. Formerly No. 25 ] 
39. Federal Maritime Commission [ N.B. Formerly No. 42 ] 
40. Federal Mediation a nd Conciliation Service [ N.B. Formerly No. 36 ] 
41. Federal Mine Safety and Health Review Commission [ N.B. Formerly No. 60 ] 
42. Federal Prison Industries, Inc. [ N.B. Formerly No. 77 ] 
43. Federal Reserve System [ N.B. Formerly No. 61 ] 
44. Federal Retirement Thri ft Investment Board [ N.B. Formerly No. 62 ] 
45. Federal Trade Commission [ N.B. Formerly No. 31 ] 
46. General Services Ad ministration (Note 7) [ N.B. Formerly No. 14 ] 
47. Government National Mortgage Association [ N.B. Formerly No. 78 ] 
48. Holocaust Memorial Council [ N.B. Formerly No. 63 ] 
49. Inter-American Foundation [ N.B. Formerly No. 64 ] 
50. Merit Systems Protection Board [ N.B. Formerly No. 22 ] 
51. National Aeronautics and Space Administration [ N.B. Formerly No. 15 ] 
52. National Archives and Records Administration [ N.B. Formerly No. 50 ] 
53. National Capital Planning Commission [ N.B. Formerly No. 65 ] 
54. National Commission on Librar ies and Information Science [ N.B. Formerly No. 66 ] 
55. National Council on Disability [ N.B. Formerly No. 67 ] 
56. National Credit Union Administration [ N.B. Formerly No. 21 ] 
57. National Foundation on the Arts and the Humanities [ N.B. Formerly No. 68 ] 
58. National Labor Relations Board [ N.B. Formerly No. 26 ] 
59. National Mediation Board [ N.B. Formerly No. 27 ] 
60. National Science Foundation [ N.B. Formerly No. 18 ] 
61. National Transportation Safety Board [ N.B. Formerly No. 43 ] 
62. Nuclear Regulatory Commission [ N.B. Formerly No. 44 ] 
63. Occupational Safety and Health Review Commission [ N.B. Formerly No. 69 ] 
64. Office of Government Ethics [ N.B. Formerly No. 70 ] 
65. Office of the Nuclear Waste Negotiator [ N.B. Formerly No. 71 ] 
66. Office of Pers onnel Management [ N.B. Formerly No. 33 ] 
67. Office of Special Counsel [ N.B. Formerly No. 72 ] 
68. Office of Thrift Supervision [ N.B. Formerly No. 24 ] 
69. Overseas Private Investment Corporation [ N.B. Formerly No. 45 ] 
70. Peace Corps [ N.B. Formerly No. 49 ] 
71. Pennsylvania Avenue Development Corporation [ N.B. Formerly No. 75 ] 
72. Railroad Retirement Board [ N.B. Formerly No. 28 ] 
73. Securities and Exchange Commission [ N.B. Formerly No. 32 ] 
74. Selective Service System [ N.B. Formerly No. 37 ] 
75. Small Business Administration [ N.B. Formerly No. 73 ] 
76. Smithsonian Institution [ N.B. Formerly No. 38 ] 
77. Social Security Administration 
78. Susquehanna River Basin Commission [ N.B. Formerly No. 74 ] 
79. United States Agency for International Development (Note 8) [ N.B. Formerly No. 10 ] 
80. United States International Trade Commission [ N.B. Formerly No. 34]  
81. Uranium Enrichment Corporation [ N.B. Formerly No. 79 ] 
  GPA/O/USA/2 
 Page 5 
 
 
Notes to Annex 1 
 
1. Department of Agriculture:  This Agre ement does not cover the procurement of any 
agricultural good made in furtherance of an agricultural support programme or a human feeding 
programme.  
 
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 apply to th e following purchases of the Department of 
Defense: 
 
(i) Federal Supply Classifica tion (FSC) 83 - all elements  of this classification 
other than pins, needles, sewing kits, flag staffs, flagpoles, and flagstaff trucks; 
 
(ii) FSC 84 - all elements ot her than sub-class 8460 (luggage); 
 
(iii) FSC 89 - all elements other th an sub-class 8975 (tobacco products); 
 
(iv) FSC 2310 - (buses only); 
 
(v) Speciality metals, defined as steels me lted in steel manufacturing facilities 
located in the United States or it s possessions, where the maximum alloy 
content exceeds one or more of the follo wing limits, must be used in products 
purchased by DOD:  (1) manganese, 1.65 per cent;  silicon, 0.60 per cent;  or 
copper, 0.06 per cent;  or which contains more than 0.25 per cent of any of the 
following elements:  aluminium, chromium, cobalt, columbium, olybdenum, nickel, titanium, tungsten, or vanadium;  (2) metal alloys consisting of nickel, iron-nickel and cobalt base alloys cont aining a total of other alloying metals 
(except iron) in excess of 10 per cent;  (3) titanium and titanium alloys;  or 
(4) zirconium base alloys; 
 
(vi) FSC 19 and 20 - that part of these cl assifications defined as naval vessels or 
major components of the hull or superstructure thereof; 
 
(vii) FSC 5l and 52. 
  (b) The following FSC categories are not ge nerally covered due to application of 
paragraph 1 of Article XVI:  10, 12, 13, 14,  15, 16, 17, 19, 20, 28, 31, 58, 59 and 95. 
 
 (c) This Agreement generally applies to  purchases of the following FSC categories 
subject to United States Government de terminations under paragraph 1 of 
Article XVI: 
 
 FSC 22 Railway Equipment 
 23 Motor Vehicles, Tr ailers, and Cycles (except buses in 2310) 
 24 Tractors  25 Vehicular Equipment Components  26 Tyres and Tubes  29 Engine Accessories 
 30 Mechanical Power Transmission Equipment GPA/O/USA/2 
Page 6  
 
 32 Woodworking Machinery and Equipment  34 Metalworking Machinery  35 Service and Trade Equipment  36 Special Industry Machinery  37 Agricultural Machinery and Equipment 
 38 Construction, Mining, Excava ting, and Highway Maintenance 
 Equipment 
 39 Materials Handling Equipment  40 Rope, Cable, Chain and Fittings  41 Refrigeration and Air Conditioning Equipment 
 42 Fire Fighting, Rescue and Safety Equipment 
 43 Pumps and Compressors  44 Furnace, Steam Plant, Drying Equipment and Nuclear Reactors 
 45 Plumbing, Heating a nd Sanitation Equipment 
 46 Water Purification and Se wage Treatment Equipment 
 47 Pipe, Tubing, Hose and Fittings 
 48 Valves  49 Maintenance and Repair Shop Equipment  53 Hardware and Abrasives  54 Prefabricated Structures and Scaffolding  55 Lumber, Millwork, Plywood and Veneer 
 56 Construction and Building Materials 
 61 Electric Wire, and Powe r and Distribution Equipment 
 62 Lighting Fixtures and Lamps  63 Alarm and Signal Systems  65 Medical, Dental , and Veterinary E quipment and Supplies 
 66 Instruments and Laboratory Equipment 
 67 Photographic Equipment  68 Chemicals and Chemical Products  69 Training Aids and Devices  70 General Purpose ADPE, Software , Supplies and Support Equipment 
 71 Furniture 
 72 Household and Commercial Furnishings and Appliances 
 73 Food Preparation and Serving Equipment  74 Office Machines, Visible Record Equipment and ADP Equipment  75 Office Suppl ies and Devices 
 76 Books, Maps and Other Publications 
 77 Musical Instruments, Phonographs, and Home Type Radios 
 78 Recreational and Athletic Equipment   79 Cleaning Equipment and Supplies  80 Brushes, Paints, Sealers and Adhesives  81 Containers, Packaging and Packing Supplies  85 Toiletries 
 87 Agricultural Supplies 
 88 Live Animals  91 Fuels, Lubricants, Oils and Waxes  93 Non-metallic Fabr icated Materials 
 94 Non-metallic Crude Materials 
 96 Ores, Minerals and their Primary Products 
 99 Miscellaneous 
  GPA/O/USA/2 
 Page 7 
 
 
4. Department of Energy:  Due to the applicati on of paragraph 1 of Artic le XVI, 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 Agre ement does not cover proc urement by the Federal 
Aviation Administration. 
 7. General Services Administration:  This Ag reement 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 De velopment:  This Agreement does not cover 
procurement for the direct purpose of providing foreign assistance. 
 GPA/O/USA/2 
Page 8  
 
 
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 9 through 11 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 
 Page 9 
 
 
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 
Page 10  
 
Executive Office of  Public Safety 
Executive Office of Transportation 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 and all state agencies and departments subject to the Oklahoma Central Purchasing Act  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 
 Page 11 
 
 
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 Employees' 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 pe nal institutions) 
 
For the entities listed for South Dakota, this Ag reement does not cover th e procurement of beef. GPA/O/USA/2 
Page 12  
 
 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 
 Page 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 that 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.  [ N.B.  Moved from Annex 4. ] 
 GPA/O/USA/2 
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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 9 through 11 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  [N.B.  The limitations on coverage have been moved to the Notes to the Annex, with the relevant 
Note number added after the name of the entity .] 
 
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 1 and 2)  [ 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. ] 
 List B: 
 
1. Port Authority of New York and New Jersey (Note 3) 
2. Port of Baltimore (Note 4) 3. New York Power Authority (Note 5)  
Notes to Annex 3 
 1. The Rural Utilities Service shall: 
 
 (a) waive any federal buy national requireme nt imposed as a conditions of funding for 
any power generation or telecommunications project ;  and 
 
[N.B.  The United States will cover funding for telecommunications projects, provided 
that other Parties provide reciprocal access. ] 
  (b) apply procurement procedures equivalent  to the procedures in this Agreement and 
national treatment to any funded project exceeding the thresholds specified above. 
  GPA/O/USA/2 
 Page 15 
 
 
2. For greater clarity, this Agreement does not a pply to any other aspect of procurement by the 
Rural Utilities Service.  3. 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. 
 4. Port of Baltimore:  Procurement covered by this Agreement is subject to the conditions 
specified for the State of New York in Annex 2. 
 5. New York Power Authority:  Procurement c overed by this Agreement is subject to the 
conditions specified for the Stat e of New York in Annex 2. 
 6. With respect to procurement by entities listed in this Annex, the Agreement does not apply to 
restrictions attached to federal funds for airport projects.  GPA/O/USA/2 
Page 16  
 
 
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. 
  GPA/O/USA/2 
 Page 17 
 
 
 
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 procurem ent of the 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). 
 Note:  Transportation services, where incide ntal to a contract for the procurement of 
supplies, are not subject to this Agreement.  [ N.B.  This exclusion has been moved to 
Annex 7. ] 
  2. Dredging.  [N.B.  This exclusion has been moved to Annex 6. ] 
 
 3. All services purchased in support of  military forces located overseas.  [ N.B.  This 
exclusion has been moved to Note 3. ] 
  (b) Services associated with the management  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) Telecommunications services connecting to the public-switched network, 
 except for public mobile and public dat a services offered on  a fixed or mobile 
 basis or on a terrestrial or satellite basis (Note 2).  
  (d) Research and Development 
  7. Printing Services (for Annex 2 entities only).  [ N.B.  This exclusion has been moved 
to Annex 3. ] 
 
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. This Agreement covers the procurement only by  the entities listed in Annex 1 and List A of 
Annex 3 of public mobile and pu blic data services offered on a fixed or mobile basis or on a 
terrestrial or satellite basis, private voice and data network services, and information services (i.e., the offering of a capability for generating, acquirin g, storing, transforming, processing, retrieving, 
utilizing, or making available informatio n via telecommunications), provided that: 
 GPA/O/USA/2 
Page 18  
 
 (a) A procuring entity may include as a cond ition for participation that a supplier of a 
Party may not participate where a foreign go vernment owns or controls, directly or 
indirectly, more than 25 per cent of the supplier's capital stock;  and 
 
 (b) For greater clarity, the national secu rity considerations of paragraph 1 of 
Article XVI apply to procurements of te lecommunications services covered by this 
Agreement. 
 
3. This Agreement does not cover the procuremen t of any service in support of military forces 
located overseas.  GPA/O/USA/2 
 Page 19 
 
 
 
ANNEX 6 
 
Construction Services 
  
 1. This Agreement applies to the procuremen t of all construction services procured by the 
entities listed in Annexes 1 through 3, unless otherwi se specified in this Agreement, including this 
Annex, and includes procurement by means of a  build-operate-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 other government-owned 
works and under which, as consid eration for a supplier's execution of a contractual arrangement, 
a procuring entity grants to the supplier, for a sp ecified period of time, temporary ownership or a 
right to control and operate, and demand payment fo r 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 
Page 20  
 
 
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 procurement by the entities listed  in Annexes 2 
and 3 or the waiver described in Annex 3:    Canada 
The United States is prepared to amend this note at such time as coverage with  respect to these Annexes 
can be resolved with a Party listed above. 
[N.B.  The removal of this Note is contingent upo n 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 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 procurement 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 listed in Annex 3 that are responsible for the generation or distribution of 
electricity. 
[N.B.  The removal of this Note is contingent upon Japan's cov erage of comparable entities. ]  GPA/O/USA/2 
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 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.  [ N.B.  This Note has been moved from Annex 5. ] 
 
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