WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/RFO/USA/1 
2 March 2012 
 (12-1290) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
 
  
RECTIFIED FINAL OFFER OF THE UNITED STATES IN THE 
NEGOTIATIONS UNDER ARTICLE XXIV:7 OF THE 
AGREEMENT ON GOVERNMENT PROCUREMENT 
 
Communication from the United States
1 
 
 
 The following submission, dated 29 February 2012,  is being circulated at the request of the 
Delegation of the United States. 
 
 Comité des marchés publics  
 
 
 
OFFRE FINALE RECTIFIEE DES ÉTATS-UNIS DANS LES  
NEGOCIATIONS AU TITRE DE L'ARTICLE XXIV:7 DE  
L'ACCORD SUR LES MARCHES PUBLICS 
 
Communication des Etats-Unis
1 
 
 
 La communication ci-après, datée du 29 février 2012, est distribuée à la demande de la délégation des Etats-Unis. 
 
 
Comité de Contratación Pública 
 
  
OFERTA FINAL RECTIFICADA PRESENTADA POR LOS ESTADOS UNIDOS 
EN LAS NEGOCIACIONES PREVISTAS EN EL PÁRRAFO 7 
DEL ARTÍCULO XXIV DEL ACUERDO SOBRE  
CONTRATACIÓN PÚBLICA 
 
Comunicación de los Estados Unidos
1 
   La siguiente comunicación, de fecha 29 de fe brero de 2012, se distribuye a petición de la 
delegación de los Estados Unidos.  
                                                      
1 In English only./En anglais seulement./En ingles solamente.   GPA/O/RFO/USA/1 
Page 3 
 
 
   
RECTIFIED FINAL APPENDIX I OFFER OF THE UNITED STATES 
  
 This document comprises the Rectified Final Appendix I Offer of the United States in the 
Negotiations under Article XXIV:7 of the 1994 Ag reement on Government Procurement.  The 
changes that have been incorporated are set out in track-changes format in document 
GPA/O/V/USA/2. GPA/O/RFO/USA/1 
Page 4  
 
  UNITED STATES 
 
(Authentic in the English language only) 
  
ANNEX 1 
 
Central Government Entities 
 
 
 Unless otherwise specified, this Agreement covers procurement by entities listed in this 
Annex, subject to the following thresholds:   130,000 SDRs  Goods and Services  
 
 5,000,0000 SDRs Construction Services  
  List of Entities : 
 1. Advisory Commission on In tergovernmental Relations 
2. Advisory Council on Historic Preservation 
3. African Development Foundation 4. Alaska Natural Gas Transportation System 5. American Battle Monuments Commission 6. Appalachian Regional Commission 
7. Broadcasting Board of Governors 
8. Commission of Fine Arts 9. Commission on Civil Rights 10. Commodity Futures Trading Commission 11. Consumer Product Safety Commission 
12. Corporation for National and Community Service 
13. Court Services and Offender Supervision Agency for the District of Columbia 
14. Delaware River Basin Commission 15. Department of Agriculture (Note 2) 16. Department of Commerce (Note 3) 
17. Department of Defense (Note 4) 
18. Department of Education 
19. Department of Energy (Note 5) 20. Department of Health and Human Services 21. Department of Homeland Security (Note 6) 22. Department of Housing and Urban Development 23. Department of the Interior 
24. Department of Justice 
25. Department of Labor 26. Department of State 27. Department of Transportation (Note 7) 28. Department of the Treasury 
29. Department of Veterans Affairs 
30. Environmental Protection Agency 31. Equal Employment Opportunity Commission 32. Executive Office of the President 33. Export-Import Bank of  the United States  GPA/O/RFO/USA/1 
 Page 5 
 
 
  34. Farm Credit Administration 
35. Federal Communications Commission 36. Federal Crop Insurance Corporation 37. Federal Deposit Insurance Corporation 38. Federal Election Commission 
39. Federal Energy Regulatory Commission 
40. Federal Home Loan Mortgage Corporation 41. Federal Housing Finance Agency 42. Federal Labor Relations Authority 43. Federal Maritime Commission 
44. Federal Mediation a nd Conciliation Service 
45. Federal Mine Safety a nd Health Review Commission 
46. Federal Prison Industries, Inc. 
47. Federal Reserve System 48. Federal Retirement Th rift Investment Board 
49. Federal Trade Commission 
50. General Services Ad ministration (Note 8) 
51. Government National Mortgage Association 52. Holocaust Memorial Council 53. Inter-American Foundation 54. Millennium Challenge Corporation 
55. Merit Systems Protection Board 
56. National Aeronautics and Space Administration 
57. National Archives and Records Administration 58. National Assessment Governing Board 59. National Capital Planning Commission 
60. National Commission on Librar ies and Information Science 
61. National Council on Disability 62. National Credit Union Administration 63. National Endowment for the Arts 64. National Endowment for the Humanities 65. National Foundation on the Arts and the Humanities 
66. National Labor Relations Board 
67. National Mediation Board 68. National Science Foundation 69. National Transportation Safety Board 70. Nuclear Regulatory Commission 
71. Occupational Safety and Health Review Commission 
72. Office of Government Ethics 73. Office of the Nuclear Waste Negotiator 74. Office of Personnel Management 75. Office of Special Counsel 76. Office of Thrift Supervision 
77. Overseas Private Investment Corporation 
78. Peace Corps 79. Railroad Retirement Board 80. Securities and Exchange Commission 81. Selective Service System 
82. Small Business Administration 
83. Smithsonian Institution 84. Social Security Administration 85. Susquehanna River Basin Commission 86. U.S. Marine Mammal Commission GPA/O/RFO/USA/1 
Page 6  
 
  87. United States Access Board 
88. United States Agency for International Development (Note 9) 89. United States International Trade Commission   Notes to Annex 1 
 
1. Unless otherwise specified in this Annex, this  Agreement covers procurement by all agencies 
subordinate to the entities listed in this Annex.  
2. Department of Agriculture:  This Agreemen t does not cover procurement of any agricultural 
good made in furtherance of an agricultural support programme or a human feeding programme.  
 3. Department of Commerce:  This Agreemen t does not cover procurement of any good or 
service related to the shipbuilding activities of  the U.S. National Oceanic and Atmospheric 
Administration.  
 4. Department of Defense: 
  (a) This Agreement does not cover the procur ement of any good described in any Federal 
 Supply Code classification (for complete listing of U.S. Federal Supply 
 Classification, see any of the following Fe deral Supply Code (F SC), which can be 
 found in the Product Code Section of the Federal Procurement Data System Product 
 and Service Code Manual at https://www.acquisition.gov ) listed below: 
 
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 procur ement 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; 
  GPA/O/RFO/USA/1 
 Page 7 
 
 
   (iii) a metal alloy consisting of a nickel , 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 cover proc urement of any good described in any of 
the following FSC classifications, 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 Ordna nce Boxes, Packages & Special 
Containers 
FSC 95  Metal Bars, Sheets, and Shapes. 
  (d) This Agreement generally covers pr ocurement 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 Vehicl es, 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, Ex cavating, 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, Re scue and Safety Equipment 
FSC 43  Pumps and Compressors FSC 44  Furnace, Steam Plant, Dryi ng Equipment and Nuclear Reactors GPA/O/RFO/USA/1 
Page 8  
 
  FSC 45  Plumbing, Heati ng and Sanitation Equipment 
FSC 46  Water Purification a nd 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 Po wer and Distribution Equipment 
FSC 62  Lighting Fixtures and Lamps 
FSC 63  Alarm and Signal Systems FSC 65  Medical, Dental, and Ve terinary Equipment 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, Soft ware, Supplies and Support Equipment 
FSC 71  Furniture FSC 72  Household and Commerci al Furnishings and Appliances 
FSC 73  Food Preparation and Serving Equipment 
FSC 74  Office Machines, Visible Record Equipment and ADP Equipment 
FSC 75  Office S upplies and Devices 
FSC 76  Books, Maps a nd Other Publications 
FSC 77  Musical Instruments, Phonographs, 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, Packaging 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 Fabricated Materials FSC 94  Non-metallic Crude Materials FSC 96  Ores, Minerals and their Primary Products 
FSC 99  Miscellaneous. 
 
5. Department of Energy:  Due to the applicati on of paragraph 1 of Article III, this Agreement 
does not cover procurement of: 
  (a) Any good or service that supports 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.  6. 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).  GPA/O/RFO/USA/1 
 Page 9 
 
 
   (b) The national security considerations app licable to the Department of Defense apply 
 equally to the U.S. Coast Guard. 
 7. Department of Transportation:  This Agre ement does not cover proc urement by the Federal 
Aviation Administration. 
 
8. General Services Administration:  This Ag reement does not cover procurement of any good 
in any of the following FSC classifications: 
  FSC 51  Hand Tools 
 FSC 52  Measuring Tools 
 FSC 7340 Cutlery and Flatware.  9. United States Agency for International De velopment:  This Agreement does not cover 
procurement for the direct purpose of providing foreign assistance. GPA/O/RFO/USA/1 
Page 10  
 
  ANNEX 2 
 
Sub-Central Government Entities 
 
 
 Unless otherwise specified, this Agreement c overs procurement by entities included in this 
Annex, subject to the following thresholds:   355,000 SDRs  Goods and Services  
 
 5,000,000 SDRs  Construction Services  
  List of Entities : 
 
Arizona 
 
The Executive branch agencies of the State, including:   Arizona Department of Administration 
Arizona Department of Agriculture
 
Arizona Department of Commerce Arizona Department of Corrections
 
Arizona Department of Economic Security  
Arizona Department of Education  
Arizona Department of Emergency and Military Affairs  
Arizona Department of Environmental Quality Arizona Department of Financial Institutions Arizona Department of Fire , Building and Life Safety 
Arizona Department of Gaming Arizona Department of Health Services Arizona Department of Homeland Security 
Arizona Department of Housing 
Arizona Department of Insurance Arizona Department of Juvenile Corrections Arizona Department of Liq uor Licenses and Control 
Arizona Department of Mines and Mineral Resources 
Arizona Department of Public Safety 
Arizona Department of Racing Arizona Department of Real Estate Arizona Department of Revenue Arizona Department of Tourism Arizona Department of Transportation 
Arizona Department of  Veterans' Services 
Arizona Department of Water Resources Arizona Department of Weights and Measures  GPA/O/RFO/USA/1 
 Page 11 
 
 
  Arkansas 
 
The Executive branch agencies, including universities, of the State.  For the entities included for the State of Arkansas, this Agreement does not cover procurement by the 
Office of Fish and Game or of construction services. 
 California 
 The Executive branch agencies of the State, including: 
 
Attorney General Business, Transportation and Housing Agency California Technology Agency Department of Corrections and Rehabilitation 
Department of Education 
Department of Finance Department of Food and Agriculture Department of Justice Emergency Management Agency Environmental Protection Agency 
Health and Human Services Agency 
Insurance Commissioner Labor and Workforce Development Agency Lieutenant Governor Military Department 
Natural Resources Agency 
Office of the Governor Office of the Secretary of Service and Volunteering Secretary of State State and Consumer Services Agency State Board of Equalization 
State Controller 
State Superintendent of Public Instruction State Treasurer Veterans Affairs 
 
Colorado 
 
The Executive branch agencies of the State.  Connecticut 
 
The following entities of the State: 
 
Department of Administrative Services Connecticut Department  of Transportation 
Connecticut Department of Public Works 
Constituent Units of Higher Education 
 GPA/O/RFO/USA/1 
Page 12  
 
  Delaware* 
 
The following entities of the State:  
Administrative Services (Central Procurement Agency) 
State Universities 
State Colleges 
 Florida* 
 
The Executive branch agencies of the State. 
 Hawaii 
 The following entity of the State: 
 
Department of Accounti ng and General Services 
 For the entity included for the State of Hawaii, this Agreement does not cover procurement of software developed in the state or  construction services. 
 
Idaho 
 
The following entity of the State:  
Central Procurement Agency (including all co lleges and universities subject to central 
purchasing oversight) 
 Illinois* 
 The following entity of the State:  
Department of Central Management Services 
 Iowa* 
 The following entities of the State: 
 
Department of General Services Department of Transportation Board of Regents Institutions (universities) 
 Kansas 
 The Executive branch agencies of the State, including:  
Adjutant General's Department Department of Aging 
Department of Agriculture 
Department of Corrections Department of Education Department of Health and Environment Department of Labor  GPA/O/RFO/USA/1 
 Page 13 
 
 
  Department of Social and Rehabilitation Services 
Department of Revenue Department of Transportation Department of Wildlife And Parks Kansas Bureau of Investigation 
Kansas Department of Commerce 
Kansas Highway Patrol Secretary of State 
 For the entities included for the State of Kans as, this Agreement does no t cover procurement of 
construction services, automobiles, or aircraft. 
 Kentucky 
 The following entity of the State: 
 
Office of Procurement Services, Finance and Administration Cabinet 
 For the entity included for the State of Kentucky , this Agreement does not cover procurement for 
construction projects.  
Louisiana 
 
The Executive branch agencies of the State.  Maine* 
 The following entities of the State:  
Department of Administrative and Financial Services Bureau of General Services (covering pr ocurement by state govern ment agencies and 
procurement rela ted to school construction) 
Maine Department of Transportation 
 Maryland* 
 The following entities of the State: 
 
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 Safe ty and Correctional Services 
Department of Personnel Department of Transportation 
 GPA/O/RFO/USA/1 
Page 14  
 
  Massachusetts 
 
The following entities of the State:  
Executive Office for Administration and Finance 
Executive Office of Housin g and Economic Development 
Executive Office of Education Executive Office of Elder Affairs Executive Office of Energy  and Environmental Affairs 
Executive Office of Hea lth and Human Services 
Executive Office of Labor and Workforce Development 
Executive Office of  Public Safety 
Massachusetts Departme nt of Transportation 
 Michigan* 
 The following entity of the State:  
Department of Technology , Management and Budget 
 Minnesota 
 The Executive branch agencies of the State.  Mississippi 
 
The following entity of the State: 
 
Department of Finance and Administration 
 For the entity included for the State of Mississi ppi, this Agreement does not cover procurement of 
services. 
 
Missouri 
 The following entities of the State:  
Office of Administration 
Division of Purchasing and Materials Management 
 Montana 
 The Executive branch agencies of the State. 
 
For the entities included for the State of Montana, th is Agreement covers only procurement of services, 
including construction services.  Nebraska 
 The following entity of the State:  
Central Procurement Agency 
  GPA/O/RFO/USA/1 
 Page 15 
 
 
  New Hampshire* 
 
The following entity of the State:  
Central Procurement Agency 
 
New York* 
 The following entities of the State:  
State agencies 
State university system Public authorities and public benefit corporations 
 For the entities included for the State of New York, this Agreement does not cover: 
 
 (a) procurement by public authorities and public benefit corporations with multi-state 
 mandates;  or 
  (b) procurement of transit cars,  buses, or related equipment. 
 
Oklahoma* 
 
All state agencies and departments subject to the Oklahoma Central Purchasing Act , including: 
 
Agriculture, Food and Forestry Department 
Attorney General 
Auditor and Inspector Corporation Commission Banking Department Commerce Department Consumer Credit Department 
Corrections Department 
Department of Central Services Department of Mental Health and Substance Abuse Services 
Education Department Environmental Quality Department 
Governor 
Health Department Housing Finance Agency Human Services Department Insurance Department Labor Department 
Libraries Department 
Lieutenant Governor Military Department Mines Department Motor Vehicle Commission 
Office of State Finance 
Public Safety Department Secretary of State State Treasurer Tourism & Recreation Department GPA/O/RFO/USA/1 
Page 16  
 
  Transportation Department 
Veterans Affair Department 
 For the entities included for the State of Oklaho ma, this Agreement does not cover procurement of 
construction services. 
 
Oregon 
 The following entity of the State:  
 Department of Administrative Services 
 Pennsylvania* 
 The Executive branch agencies of the State, including: 
 
Board of Probation and Parole Department of Aging Department of Agriculture Department of the Auditor General Department of Banking 
Department of Commerce 
Department of Community Affairs Department of Correction Department of Education  Department of Environmental Resources 
Department of General Services 
Department of Health Department of Labor and Industry Department of Military Affairs Department of Public Welfare Department of Revenue 
Department of State 
Department of Transportation Executive Offices Fish Commission Game Commission 
Governor's Office 
Insurance Department Lieutenant Governor's Office Liquor Control Board Milk Marketing Board Office of Attorney General 
Pennsylvania Crime Commission 
Pennsylvania Emergency Management Agency Pennsylvania Historical and Museum Commission Pennsylvania Municipal Retirement Board Pennsylvania Public  Television Network 
Pennsylvania Securities Commission 
Pennsylvania State Police Public School Employees' Retirement System Public Utility Commission State Civil Service Commission  GPA/O/RFO/USA/1 
 Page 17 
 
 
  State Employees' Retirement System 
State Tax Equalization Board Treasury Department 
 Rhode Island 
 The Executive branch agencies of the State.  For the entities included for the State of Rhode Is land, this Agreement does not cover procurement of 
boats, automobiles, buses, or related equipment. 
 
South Dakota 
 The following entity of the State:  
 Bureau of Administrati on (including universities and penal institutions) 
 For the entities included for the State of South Dako ta, this Agreement does not cover procurement of 
beef.  Tennessee 
 The Executive branch agencies of the State, including: 
 
Alcoholic Beverage Commission 
Board of Probation and Parole 
Bureau of TennCare 
Commission on Aging and Disability Commission on Children and Youth Council on Devel opmental Disabilities 
Department of Agriculture Department of Children's Services 
Department of Commerce and Insurance 
Department of Correction Department of Economic a nd Community Development 
Department of Education Department of Environment and Conservation 
Department of Finance and Administration 
Department of Financial Institutions Department of General Services Department of Health Department of Human Resources Department of Human Services 
Department of Labor and Workforce Development 
Department of Military Department of Mental Health and Developmental Disabilities Department of Revenue Department of Safety 
Department of Tourist Development 
Department of Transportation Department of Veterans Affairs Office of Homeland Security Tennessee Arts Commission GPA/O/RFO/USA/1 
Page 18  
 
  Tennessee Bureau of Investigation 
Tennessee Emergency Management Agency Tennessee Wildlife Resources Agency 
 For the entities included for the State of Tennesse e, this Agreement does not  cover procurement of 
services, including construction services. 
 Texas 
 The following entity of the State: 
 
 Comptroller of Public Accounts  
 Utah 
 
The Executive branch agencies of the State, including: 
 
Board of Pardons Department of Administrative Services Department of Agriculture Department of Commerce 
Department of Corrections 
Department of Economic Development Department of Environmental Quality Department of Financial Institutions Department of Health 
Department of Human Resources Management 
Department of Human Services Department of Information Technology Department of Insurance Department of Natural Resources Department of Public Safety 
Department of Transportation 
Department of Veterans Affairs Department of Workforce Services Labor Commission Utah National Guard 
Utah State Tax Commission 
 Vermont 
 The Executive branch agencies of the State.  
Washington 
 
The entity included for the State is the Department of Enterprise Services, wh ich is the consolidated 
purchasing agency for all Executiv e Branch agencies, including: 
 
Consolidated Technical Services 
Department of Agriculture Department of Commerce Department of Corrections Department of Early Learning  GPA/O/RFO/USA/1 
 Page 19 
 
 
  Department of Ecology 
Department of Financial Institutions Department of Labor & Industries Department of Licensing Department of Natural Resources 
Department of Revenue 
Department of Social and Health Services Department of Transportation Department of Veterans Affairs Healthcare Authority 
Military Department 
Office of the Attorney General Office of Financial Management Office of the Governor Office of the Insurance Commissioner 
Office of the Lieutenant Governor 
Office of the Secretary of State Office of the State Treasurer Office of the Superintendent of Public Instruction Washington Department of Fish & Wildlife Washington State Auditor's Office 
Washington State Department of Health 
Washington State Employment Security Department 
  State Universities  
For the entities included for the State of Washingt on, this Agreement does not cover procurement of 
fuel, paper products, boat s, ships, or vessels. 
 Wisconsin 
 The Executive branch agencies of the State, including: 
 
Administration for Public Instruction Department of Administration Department of Commerce Department of Corrections 
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 
 GPA/O/RFO/USA/1 
Page 20  
 
  Wyoming* 
 
The following entities of the State:  
Procurement Services Division 
Wyoming Department of Transportation 
University of Wyoming 
  
Notes to Annex 2  
 
1. Asterisk (*) next to a state indicates pre-existi ng restrictions.  For those states, this Agreement 
does not cover procurement of construction-grade steel (including requirements on subcontracts), 
motor vehicles, or coal.  
2. The state entities included in this Annex may a pply preferences or restrictions associated with 
programmes promoting the development of dist ressed areas or businesses owned by minorities, 
disabled veterans, or women.  3. Nothing in this Annex shall be construed to prevent any state entity included in this Annex 
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 state entities included in this Annex, this Agreement does not apply to restrictions 
attached to federal funds for ma ss transit and highway projects. 
 6. This Agreement does not cover procurement of printing services by the entities included in 
this Annex.   GPA/O/RFO/USA/1 
 Page 21 
 
 
  ANNEX 3 
 
Other Entities  
 
 
 Unless otherwise specified, this Agreement c overs procurement by entities included in this 
Annex, subject to the following thresholds:  
US$250,000  Goods and Services  (List A entities) 
 
400,000 SDRs  Goods and Services  (List B entities) 
 5,000,000 SDRs Construction Services  
  
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)  
 
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) 
 
 
Notes to Annex 3 
 
1. The Rural Utilities Service shall not impo se any domestic purchase requirement as a 
condition of its financing of an y power generation or telecommunication project that exceeds the 
thresholds specified above.  The Rural Utiliti es Service undertakes no other commitments with 
respect to its financing of power gene ration and telecommunications projects. 
 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). 
 GPA/O/RFO/USA/1 
Page 22  
 
   (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. 
 3. Port of Baltimore:  Procurement covered by this Agreement is subject to the conditions 
specified for the State of New York in Annex 2. 
 4. 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. 
 
5. With respect to procurement by entities incl uded in this Annex, this Agreement does not 
apply to restrictions attached to federal funds for airport projects.  GPA/O/RFO/USA/1 
 Page 23 
 
 
  ANNEX 4 
 
Goods  
 
 
 Unless otherwise specified, this  Agreement covers all goods procur ed by the entities included in 
Annexes 1 through 3. GPA/O/RFO/USA/1 
Page 24  
 
  ANNEX 5 
 
Services  
 
 
1. Unless otherwise specified, this Agreement c overs all services procured by entities included in 
Annexes 1 through 3.  2. This Agreement does not cove r procurement of any of the fo llowing services, as identified in 
accordance with the Provisional Central Product Classification (CPC), which is found at:   
http://unstats.un.org/unsd/cr/r egistry/regcst.asp?Cl=9&Lg=1 : 
 
 (a) All transportation services, including Launching Services (CPC Categories 71, 72, 
 73, 74, 8859, 8868). 
 
 (b) Services associated with  the management and operation of government facilities, or 
 privately owned facilities used for governme ntal purposes, including federally funded 
 research and development centers (FFRDCs). 
  (c) Public utilities  services, including: 
 
 Telecommunications and ADP- related telecommunications services except enhanced 
(i.e., value-added) telecommunications services. 
  (d) Research and Development services.  
 
Note to Annex 5 
 
 This Agreement does not cover procurement of an y service in support of military forces located 
overseas.  GPA/O/RFO/USA/1 
 Page 25 
 
 
  ANNEX 6 
 
Construction Services 
 
 
1. Unless otherwise specified and subject to para graph 2, this Agreement covers all construction 
services listed in Division 51 of the Provisional Ce ntral Product Classification (CPC), which is found 
at:  http://unstats.un.org/unsd/cr/reg istry/regcs.asp?Cl=9&Lg=1&Co=51 . 
 
2. This Agreement does not cover procurement of dredging services. GPA/O/RFO/USA/1 
Page 26  
 
  ANNEX 7 
 
General Notes 
 
 
 Unless otherwise specified, the following Gene ral 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. This Agreement does not apply to governmental  provision of goods and services to persons or 
governmental authorities not specifically covere d under the Annexes to this Agreement. 
 
3. Where a procurement by an entity is not covere d by this Agreement, this Agreement shall not 
be construed to cover any good or ser vice component of that procurement. 
 4. For goods and services, includi ng construction services, of Cana da and suppliers of such goods 
and services, this Agreement does not  cover procurement by entities list ed in Lists A and B in Annex 3 
or the commitment with respect to financing provided by the Rural Utilities Service of power generation 
projects described in Note 1 to Annex 3. 
  The United States is prepared to amend this No te at such time as coverage with respect to 
Annex 3 can be resolved with Canada.  
5. For construction services of the Republic of Ko rea and suppliers of such  services, the threshold 
for procurement of construction services by the en tities included in Annex 2 or 3 is 15,000,000 SDRs. 
 6. For goods and services including construction serv ices of Japan and suppl iers of such goods and 
services, this Agreement does not cover procurement by the National Aeronautics and Space 
Administration.  
 
7. 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.  8. For goods and services, including construction se rvices, of Japan and s uppliers of such goods 
and services, does not cover procur ement by entities listed in Annex 3 that are responsible for the 
generation or distribution of electricity, including th e commitment with respect to financing provided by 
the Rural Utilities Service of power generation projects described in Note 1 to Annex 3. 
 9. This Agreement does not cover procurement of tr ansportation services that form a part of, or are 
incidental to, a procurement contract. 
 
 
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