RESTRICTED  WORLD TRADE  
ORGANIZATION  GPA/MOD/USA/7  
18 February 2010 
 (10-0911) 
Committee on Government Procurement Original:   English 
  
 
MODIFICATIONS TO APPENDIX  I OF THE UNITED STATES  
 
Notification from the United States under Article XXIV:6(a)
1 of the GPA  
  
 The following notification, dated 12 February 2010, from the Delegation of the United States 
is being circulated to the Parties to the Agreement on Government Procurement.  
_______________  
  
 Pursuant to Article XXIV:6(a) of the Agre ement on Government Procurement (the "GPA"), 
the United States notifies the Committee of modifi cations to its Annex 3 and General Notes of 
Appendix I.  These modifications implement an Agreement between the Government of Canada and 
the Government of the United States of  America on Government Procurement  (hereinafter 
"Canada-US Agreement"), which ente rs into force on 16 February 2010.  It provides for reciprocal 
market access opportunities at the sub-central level.  These modifications will not affect the mutually 
agreed coverage provided to the other Parties under the GPA.  The modifications are:   1. Modifications to Annex 3 of Appendix I
:  Based on the Canada-US Agreement, the 
United States is modifying Annex 3 by adding seven programs under List C and 
providing that with respect to those programs, the domestic purchasing requirement of 
section 1605(a) of the American Recovery and Reinvestment Act of 2009 (ARRA) will 
not be applied as a condition of ARRA fina ncing of those programs with respect to 
Canadian iron, steel, or manufactured goods in procurement above the Annex 3 
threshold for construction services.  The Un ited States is not undertaking any other 
commitments with respect to those program s.  These modifications will apply to 
Canada and are subject to negotiation of mu tually acceptable co mmitments with other 
Parties. 
  2. Modification to Note 5 of General Notes in Appendix I
:  Based on the Canada-US 
Agreement, the condition set out in Note 5 of the US General Notes with respect to 
Annex 2 of Appendix I of the GPA has been met.  Therefore, the United States is 
amending Note 5 to remove the non-appli cation of its coverage in Annex 2 to 
Canada. 
 
                                                      
 1 Article XXIV:6(a) reads as follows:  Rectifications or Modifications  (a) Rectifications, transfers of 
an entity from one Annex to another or, in exceptiona l cases, other modifications relating to Appendices I 
through IV shall be notified to the Committee, along with information as to the likely consequences of the change for the mutually agreed coverage provided in this  Agreement.  If the rectif ications, transfers or other 
modifications are of a purely formal or minor nature, th ey shall become effective pr ovided there is no objection 
within 30 days.  In other cases, the Chairman of the Committee shall promptly convene a meeting of the 
Committee.  The Committee shall consider the proposal and any claim for compensato ry adjustments, with a 
view to maintaining a balance of rights and obligations  and a comparable level of mutually agreed coverage 
provided in this Agreement prior to such notification.  In the event of agreement not being reached, the matter 
may be pursued in accordance with the provisions contained in Article XXII. GPA/MOD/USA/7 
Page 2  
 
 In accordance with the Canada-US Agreem ent, Canada will submit to the Committee a 
parallel communication notifying the modifications to Appendix I that implement its obligations 
under the Canada-US Agreement.   Attachment A to this document contains the m odifications to US Anne x 3 and General Note 5 
of Appendix I noted in underline and strikeout.  Attachment B contains a clean-text version of the 
US Annex 3 and General Notes after the modifications.
2 
 
                                                      
2 Attachments A and B are in English only.  GPA/MOD/USA/7 
Page 3 
 
APPENDIX I UNITED STATES  ANNEX 3 Page 1/2
 
 
1 October 200 4 (WT/Let/ 482/Rev.1 ) ATTACHMENT A 
 
 
ANNEX 3 
 
All Other Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
 Threshold : 400,000 SDRs for supplies and servic es (except as specified below) 
  5 million SDRs for construction  
 
List of Entities : 
 List A:  The following entities at the SDR equivalent of $250,000 for supplies and services
: 
 
Tennessee Valley Authority 
Power Marketing Admini strations of the Department of Energy 
 - Bonneville Power Administration  - Western Area Po wer Administration 
 - Southeastern Power Administration 
 - Southwestern Power Administration 
 - St. Lawrence Seaway Development Corporation  List B:  The following entities are 400,000 SDRs for supplies and services
: 
 The Port Authority of New York and New Jersey with the following exceptions: 
 
 - Maintenance, repair and operating materi als and supplies (e.g.,  hardware, tools, 
lamps/lighting, plumbing); 
  - In exceptional cases, individual procuremen ts may require certain regional production 
of goods if authorized by the Board of Directors; 
  - Procurements pursuant to multi-jurisdictiona l agreement (i.e., for contracts which have 
initially been awarded by  other jurisdictions). 
 The Port of Baltimore (subject to the conditions sp ecified for the state of New York in Annex 2) 
 
The New York Power Authority (subject to the co nditions specified for the state of New York in 
Annex 2)  Rural Utilities Service Financing: 
 
 (1) waiver of Buy American restriction on financing for all power generation projects 
(restrictions on financing for telecommuni cation projects are excluded from the 
Agreement); 
 GPA/MOD/USA/7 
Page 4  
APPENDIX I UNITED STATES  ANNEX 3 Page 2/2
 
 
1 October 200 4 (WT/Let/ 482/Rev.1 )  (2) application of Code-equi valent procurement procedures  and national treatment to 
funded projects exceeding the thresholds specified above. 
 List C:
 
 1. US Department of Agriculture, Rural Utilities Service, Water and Waste Disposal Programs
 
(Note 3)  
 2. US Department of Agriculture, Rural Housing Service, Community Facilities Program 
(Note 3)  
 3. US Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy 
Efficiency and Conservation Block Grants  (Note 3)  
 4. US Department of Energy, Office of Energy Efficiency and Renewable Energy, State Energy 
Program  (Note 3)  
 
5. US Department of Housi ng and Urban Development, Office of Community Planning and 
Development, Community Development Block Grants Recovery  (CDBG-R)  (Note 3)  
 6. US Department of Housing and Urban Development, Office of  Public and Indian Housing, 
Public Housing Capital Fund  (Note 3)  
 
7. US Environmental Protection Agency, Clean Water and Drinking Water State Revolving 
Funds,  for projects funded by reallocated ARRA f unds where the contracts are signed after 17 
February 2010 (Note 3)  
  Notes to Annex 3  
 
1. With respect to these entities, the Agreement sh all not apply to restrictions attached to Federal 
funds for airport projects. 
 
2. The conditions specified in the Ge neral Notes apply to this Annex. 
 3. 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 fi nancing 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 respect to these programs.  
 4. The United States is prepared to amend Note 3 to apply the commitments therein to any other 
GPA Party's iron, steel, or manufactured goods, subject to the negotiation of mutually 
acceptable commitments.  
 GPA/MOD/USA/7 
Page 5 
 
APPENDIX I UNITED STATES  GENERAL NOTES Page 1/1
 
 
1 March  2000 (WT/Let/ 330)  
GENERAL NOTES 
  1. Notwithstanding the above, this Agreement will not apply to set asides on behalf of small and 
minority businesses. 
 
2. Except as specified otherwise in this Appendix, procurement in terms of U.S. coverage does not 
include non-contractual agreements or any form of government assistance, including 
cooperative agreements, grants, loans, equity infusions, guarantees, fiscal incentives, and 
governmental provision of goods and services to  persons or governmental authorities not 
specifically covered under U.S. annexes to this agreement. 
 
3. Procurement does not include the acquisition of fi scal agency or depository services, liquidation 
and management services for regul ated financial institutions, and sale and distribution services 
for government debt. 
 
4. Where a contract to be awarded by an entity is  not covered by this Agreement, this Agreement 
shall not be construed to cover any good or service component of that contract. 
 5. For goods and services (including construction) of the following countries and suppliers of such 
goods and services, this Agreemen t does not apply to procurement 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. 
 
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. 
 
7. For goods and services (including constructi on) of Japan and suppliers of such goods and 
services, this Agreement does not apply to pr ocurement by the National Aeronautics and Space 
Administration. 
 8. A service listed in Annex 4 is covered with resp ect to a particular Party only to the extent that 
such Party has included that service in its Annex 4. 
 
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 ar e responsible for the generation or distribution of 
electricity. 
 GPA/MOD/USA/7 
Page 6  
APPENDIX I UNITED STATES  ANNEX 3 Page 1/2
 
 
... 2010 (WT/Let/...)  ATTACHMENT B 
 
 
ANNEX 3 
 
All Other Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
 Threshold : 400,000 SDRs for supplies and servic es (except as specified below) 
  5 million SDRs for construction  
 
List of Entities : 
 List A:  The following entities at the SDR equivalent of $250,000 for supplies and services
: 
 
 - Tennessee Valley Authority 
 - Power Marketing Administrations of the Department of Energy  - Bonneville Power Administration  - Western Area Po wer Administration 
 - Southeastern Power Administration 
 - Southwestern Power Administration 
 - St. Lawrence Seaway Development Corporation  List B:  The following entities are 400,000 SDRs for supplies and services
: 
 The Port Authority of New York and New Jersey with the following exceptions: 
 
 - Maintenance, repair and operating materi als and supplies (e.g.,  hardware, tools, 
lamps/lighting, plumbing); 
  - In exceptional cases, individual procuremen ts may require certain regional production 
of goods if authorized by the Board of Directors; 
  - Procurements pursuant to multi-jurisdictiona l agreement (i.e., for contracts which have 
initially been awarded by  other jurisdictions). 
 The Port of Baltimore (subject to the conditions sp ecified for the state of New York in Annex 2) 
 
The New York Power Authority (subject to the co nditions specified for the state of New York in 
Annex 2)  Rural Utilities Service Financing: 
 
 (1) waiver of Buy American restriction on financing for all power generation projects 
(restrictions on financing for telecommuni cation projects are excluded from the 
Agreement); 
 GPA/MOD/USA/7 
Page 7 
 
APPENDIX I UNITED STATES  ANNEX 3 Page 2/2
 
 
... 2010 (WT/Let/...)   (2) application of Code-equi valent procurement procedures  and national treatment to 
funded projects exceeding the thresholds specified above. 
 List C
: 
 1. US Department of Agriculture, Rural Utilities Service, Water and Waste Disposal Programs  
(Note 3) 
 2. US Department of Agriculture, Rural Housing Service, Community Facilities Program 
(Note 3) 
 3. US Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy 
Efficiency and Conservation Block Grants  (Note 3) 
 4. US Department of Energy, Office of Energy Efficiency and Renewable Energy, State Energy 
Program  (Note 3) 
 
5. US Department of Housi ng and Urban Development, Office of Community Planning and 
Development, Community Development Block Grants Recovery  (CDBG-R)  (Note 3) 
 6. US Department of Housing and Urban Development, Office of  Public and Indian Housing, 
Public Housing Capital Fund  (Note 3) 
 
7. US Environmental Protection Agency, Clean Water and Drinking Water State Revolving 
Funds,  for projects funded by reallocated ARRA f unds where the contracts are signed after 17 
February 2010 (Note 3) 
  Notes to Annex 3  
 
1. With respect to these entities, the Agreement sh all not apply to restrictions attached to Federal 
funds for airport projects. 
 
2. The conditions specified in the Ge neral Notes apply to this Annex. 
 3. 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 fi nancing 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 respect to these programs. 
 4. The United States is prepared to amend Note 3 to apply the commitments therein to any other 
GPA Party's iron, steel, or manufactured goods, subject to the negotiation of mutually 
acceptable commitments. 
 GPA/MOD/USA/7 
Page 8  
APPENDIX I UNITED STATES  GENERAL NOTES Page 1/1
 
 
... 2010 (WT/Let/...)  GENERAL NOTES 
 
 1. Notwithstanding the above, this Agreement will not apply to set asides on behalf of small and 
minority businesses. 
 
2. Except as specified otherwise in this Appendix, procurement in terms of U.S. coverage does not 
include non-contractual agreements or any form of government assistance, including 
cooperative agreements, grants, loans, equity infusions, guarantees, fiscal incentives, and 
governmental provision of goods and services to  persons or governmental authorities not 
specifically covered under U.S. annexes to this agreement. 
 
3. Procurement does not include the acquisition of fi scal agency or depository services, liquidation 
and management services for regul ated financial institutions, and sale and distribution services 
for government debt. 
 4. Where a contract to be awarded by an entity is  not covered by this Agreement, this Agreement 
shall not be construed to cover any good or service component of that contract. 
 5. For goods and services (including construction) of the following countries and suppliers of such 
goods and services, this Agreemen t does not apply to procurement 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 no te at such time as coverage with respect to 
Annex 3 can be resolved w ith a Party listed above. 
 
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. 
 7. For goods and services (including constructi on) of Japan and suppliers of such goods and 
services, this Agreement does not apply to pr ocurement by the National Aeronautics and Space 
Administration. 
 8. A service listed in Annex 4 is covered with resp ect to a particular Party only to the extent that 
such Party has included that service in its Annex 4. 
 
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 ar e responsible for the generation or distribution of 
electricity. 
 
__________