WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/USA/6 
8 December 2011 
 (11-6391) 
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
* 
 
Final Offer 
 
 The following communication, dated 7 December 2011, 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 présentée par les États-Unis* 
 
Offre Finale 
 
 La communication ci-après, datée du 7 décemb re 2011, est distribuée à la demande de la 
délégation des États-Unis. 
 
 
Comité de Contratación Pública 
 
AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y LA ELIMINACIÓN DE LAS 
MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS EN CONFORMIDAD 
CON EL PÁRRAFO 7 b) Y c) DEL ARTÍCULO XXIV DEL 
ACUERDO SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación de los Estados Unidos* 
 
Oferta Final 
 
 La siguiente comunicación, de fecha de 7 dici embre de 2011, se distribuye a petición de la 
delegación de los Estados Unidos. 
 
                                                      
* In English only./En anglais seulement./En inglés solamente.  
  GPA/O/USA/6 
 Page 3 
 
 
  
FINAL OFFER OF THE UNITED STATES 
(7 DECEMBER 2011) 
 
 
 This final offer is subject to the following conditions: 
 1. The adoption of the revision of the Ag reement on Government Procurement as an 
amendment.  
2. Appropriate and satisfactory market access offers from GPA Parties representing, in the 
estimation of the United States, an appropriate bala nce of concessions relative to this final offer. 
 3. The United States reserves the right to withdraw, amend, or restrict this final offer at any point until such time as the ne gotiations have concluded. 
 
N.B.:  Modifications from the United States' Pre-Final Offer of 30 November 2010 are noted in 
underline and bold  or strikeout. 
 
 GPA/O/USA/6 
Page 4  
 
 ANNEX 1 
 
Central Government Entities 
 
 
1. Unless otherwise specified, Tthis Agreement applies to the central government covers 
procurement by  entities listed in this Annex where the va lue of the procurement is estimated, in 
accordance with paragraphs 6 through 8 of Artic le II, to equal or exceed, for procurement of , subject 
to the following thresholds : 
 
 (a) goods and services: 130,000 SDRs 
 
 (b) construction services: 5 million SDRs 
 130,000 SDRs  Goods and Services 
 
 5,000,0000 SDRs Construction Services 
 
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. Advisory Council on Historic Preservation  
23. African Development Foundation 
34. Alaska Natural Gas Transportation System  
45. American Battle Monuments Commission 
56. Appalachian Regional Commission 
67. Broadcasting Board of Governors 
78. Commission of Fine Arts 
89. Commission on Civil Rights 
910. Commodity Futures Trading Commission 
1011. Consumer Product Safety Commission 
1112. Corporation for National and Community Service 
13. Court  Services and Offender Supervision Agen cy for the District of Columbia  
1214. Delaware River Basin Commission 
1315. Department of Agriculture (Note 1 2) 
1416. Department of Commerce (Note 2 3) 
1517. Department of Defense (Note 3 4) 
1618. Department of Education 
1719. Department of Energy (Note 4 5) 
1820. Department of Health and Human Services 
1921. Department of Homeland Security (Note 5 6) 
2022. Department of Housing and Urban Development 
2123. Department of the Interior 
2224. Department of Justice 
2325. Department of Labor 
2426. Department of State 
2527. Department of Transportation (Note 6 7) 
2628. Department of the Treasury 
2729. Department of Veterans Affairs 
2830. Environmental Protection Agency 
2931. Equal Employment Opportunity Commission  GPA/O/USA/6 
 Page 5 
 
 
 3032. Executive Office of the President 
3133. Export-Import Bank of the United States 
3234. Farm Credit Administration 
3335. Federal Communications Commission 
3436. Federal Crop Insurance Corporation 
3537. Federal Deposit Insurance Corporation 
3638. Federal Election Commission 
39. Federal Energy Regulatory Commission 
3740. Federal Home Loan Mortgage Corporation 
3841. Federal Housing Finance Board Agency 
42. Federal Labor Relations Authority 
3943. Federal Maritime Commission 
4044. Federal Mediation a nd Conciliation Service 
4145. Federal Mine Safety and Health Review Commission 
4246. Federal Prison Industries, Inc. 
4347. Federal Reserve System 
4448. Federal Retirement Thrift Investment Board 
4549. Federal Trade Commission 
4650. General Services Administration (Note 7 8) 
4751. Government National Mortgage Association 
4852. Holocaust Memorial Council 
4953. Inter-American Foundation 
54. Millennium Challenge Corporation  
5055. Merit Systems Protection Board 
5156. National Aeronautics and Space Administration 
5257. National Archives and Records Administration 
58. National Assessment Governing Board  
5359. National Capital Planning Commission 
5460. National Commission on Librar ies and Information Science 
5561. National Council on Disability 
5662. National Credit Union Administration 
63. National Endowment for the Arts  
64. National Endowment for the Humanities 
5765. National Foundation on the Arts and the Humanities 
5866. National Labor Relations Board 
5967. National Mediation Board 
6068. National Science Foundation 
6169. National Transportation Safety Board 
6270. Nuclear Regulatory Commission 
6371. Occupational Safety and Health Review Commission 
6472. Office of Government Ethics 
6573. Office of the Nuclear Waste Negotiator 
6674. Office of Personnel Management 
6775. Office of Special Counsel 
6876. Office of Thrift Supervision 
6977. Overseas Private Investment Corporation 
7078. Peace Corps 
7179. Railroad Retirement Board 
7280. Securities and Exchange Commission 
7381. Selective Service System 
7482. Small Business Administration 
7583. Smithsonian Institution 
7684. Social Security Administration GPA/O/USA/6 
Page 6  
 
 7785. Susquehanna River Basin Commission 
86. U.S. Marine Mammal Commission 
87. United States Access Board  
7888. United States Agency for International Development (Note 8 9) 
7989. United States International Trade Commission 
80. Uranium Enrichment Corporation 
81. Advisory Council on Historic Preservation 
82. Court Services and Offende r Supervision Agency for the District of Columbia 
83. Federal Energy Regulatory Commission  
84. Federal Housing Finance Agency 
85. Federal Labor Relations Authority 
86. National Assessment Governing Board 
87. National Endowment for the Arts  
88. National Endowment for the Humanities 
89. U.S. Marine Mammal Commission 
90. United States Access Board 
 
 
Notes to Annex 1 
 
1. Unless otherwise specified in this Annex, this Agreement covers procurement by all 
agencies subordinate to the entities listed in this Annex. 
 
12. Department of Agriculture:  This Agreem ent does not cover the procurement of any 
agricultural good made in furtherance of an agri cultural support program or a human feeding program.  
 
23. Department of Commerce:  Th is Agreement does not cover the procurement of any good or 
service related to the shipbuilding activities of  the U.S. National Oceanic and Atmospheric 
Administration (NOAA).  
 
34. 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 www.scrantonrtg.com/secrc/fsc-codes/fsc.html ) any of the 
following Federal Supply Code (FSC), wh ich can be found in the Product Code 
Section of the Federal Procurement Da ta 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)  GPA/O/USA/6 
 Page 7 
 
 
 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:  
 
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 GPA/O/USA/6 
Page 8  
 
  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 Powe r and Distribution Equipment 
FSC 62 Lighting Fixtures and Lamps 
FSC 63 Alarm and Signal Systems 
FSC 65 Medical, Dental , and Veterinary E quipment and Supplies 
FSC 66 Instruments and Laboratory Equipment FSC 67 Photographic Equipment FSC 68 Chemicals and Chemical Products FSC 69 Training Aids and Devices 
FSC 70 General Purpose ADPE, Softwa re, Supplies and Support Equipment 
FSC 71 Furniture FSC 72 Household and Commercial  Furnishings and Appliances 
FSC 73 Food Preparation and Serving Equipment 
FSC 74 Office Machines, Visible Record Equipment and ADP Equipment 
FSC 75 Office Suppl ies 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, 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 Fa bricated Materials 
FSC 94 Non-metallic Crude Materials 
FSC 96 Ores, Minerals a nd their Primary Products 
FSC 99 Miscellaneous 
  GPA/O/USA/6 
 Page 9 
 
 
 45. Department of Energy:  Due to the applicati on of paragraph 1 of Article III, this Agreement 
does not cover the procurement of: 
 
 (a) Any good or service made to that support s 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.  56. Department of Homeland Security: 
 
 (a) This Agreement does not cover proc urement by the Transportation Security 
Administration of FSC 83 (Textiles, Leather, Furs, Apparel, Shoes, Tents, and Flags) and FSC 84 (Clothing, Individual Equipment, and Insignia). 
 
 (b) The national security considerations app licable to the Department of Defense apply 
equally to the U.S. Coast Guard. 
 67. Department of Transportation:  This Agre ement does not cover proc urement by the Federal 
Aviation Administration. 
 
78. General Services Administration:  This Agre ement does not cover the procurement of any 
good in any of the following FSC categories classifications : 
 
 FSC 51  Hand Tools  FSC 52  Measuring Tools 
 FSC 7340 Cutlery and Flatware 
 89. United States Agency for International De velopment:  This Agreement does not cover 
procurement for the direct purpose of providing foreign assistance. 
  GPA/O/USA/6 
Page 10  
 
 ANNEX 2 
 
Sub-Central Government Entities 
 
 
 Unless otherwise specified, Tthis Agreement applies to the sub-central government covers 
procurement by  entities listed included  in this Annex, where the value of the procurement is 
estimated, in accordance with paragraphs 6 through 8 of Article II, to equal or exceed for procurement 
of subject to the following thresholds : 
 
 (a) goods and services: 355,000 SDRs 
 
 (b) construction services: 5 million SDRs 
 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 Liquor 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/USA/6 
 Page 11 
 
 
 Arkansas 
 
The Executive branch agencies, including universities , of the State 
 
For the entities listed included  for the State of Arkansas, this Agreement do es 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 entiti es of the State: 
 
Department of Administrative Services Connecticut Department  of Transportation 
Connecticut Department of Public Works 
Constituent Units of Higher Education 
 GPA/O/USA/6 
Page 12  
 
 Delaware* 
 
The following entiti es 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 listed included  for the State of Hawaii, this Agreement does not cover procurement of 
software developed in the st ate or construction services. 
 
Idaho 
 
The following entity of the State: 
 
Central Procurement Agency (including all colleges  and universities subjec t to central purchasing 
oversight) 
 Illinois* 
 
The following entity of the State: 
 
Department of Central Management Services 
 Iowa* 
 
The following entiti es 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/USA/6 
 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 listed included  for the State of Kansas, this Agreement does not cover the 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 listed 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 entiti es of the State: 
 
Department of Administrative and Financial Services Bureau of General Services (cov ering procurement by state govern ment agencies and procurement 
related to school construction) 
Maine Department of Transportation 
 Maryland* 
 
The following entiti es 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 Safety  and Correctional Services 
Department of Personnel Department of Transportation 
 GPA/O/USA/6 
Page 14  
 
 Massachusetts 
 
The following entiti es 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 listed included  for the State of Mississippi, this Agreement does not cover the 
procurement of services. 
 
Missouri 
 
The following entiti es of the State: 
 
Office of Administration 
Division of Purchasing and Materials Management  Montana 
 The Executive branch agencies  of the State 
 
For the entities listed included  for the State of Montana, this Agreement c overs only the procurement 
of services, including construction services. 
 Nebraska 
 
The following entity of the State: 
 
Central Procurement Agency   GPA/O/USA/6 
 Page 15 
 
 
 New Hampshire* 
 
The following entity of the State: 
 
Central Procurement Agency 
 
New York* 
 
The following entiti es of the State: 
 
State agencies 
State university system Public authorities and public benefit corporations  For the entities listed 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) the procurement of transit cars, buses, or related equipment. 
 
Oklahoma* 
 
Department of Cent ral Services and a 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 GPA/O/USA/6 
Page 16  
 
 Tourism & Recreation Department 
Transportation Department 
Veterans Affair Department 
 
For the entities listed included  for the State of Oklahoma, this Agreement does not cover the 
procurement of cons truction services. 
 
Oregon 
 
The following entity of the State: 
 
Department of Administrative Services  
Pennsylvania* 
 
The Executive branch agencies  of the State , including: 
 
[N.B:  The list has not been changed, only re-organized in alphabetical order.] 
 
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  GPA/O/USA/6 
 Page 17 
 
 
 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 
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 
State Employees' Retirement System 
State Tax Equalization Board 
Treasury Department 
 
Rhode Island 
 
The Executive branch agencies  of the State 
 GPA/O/USA/6 
Page 18  
 
 For the entities listed included  for Hawaii the State of Rhode Island , this Agreement does not cover 
the procurement of boats, automobile s, buses, or related equipment. 
 
South Dakota 
 The following entity of the State: 
 Bureau of Administration (including universities and penal institutions) 
 For the entities listed included  for the State of South Dakota, this Agreement does not cover the 
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 Developmental Disabilities 
Department of Agriculture 
Department of Children's Services 
Department of Commerce and Insurance 
Department of Correction 
Department of Economic and 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 
Tennessee Bureau of Investigation 
Tennessee Emergency Management Agency 
Tennessee Wildlife Resources Agency 
 For the entities listed included  for the State of Tennessee, this Agreem ent does not cover the 
procurement of services, in cluding construction services. 
  GPA/O/USA/6 
 Page 19 
 
 
 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 
 Washington State executive branch agencies, including: 
 General Administration 
Department of Transportation 
 
The entity included for the State is the Depart ment of Enterprise Services, which is the 
consolidated purchasing agency for all Executive Branch agencies, including: 
 
Consolidated Technical Services 
Department of Agriculture 
Department of Commerce GPA/O/USA/6 
Page 20  
 
 Department of Corrections 
Department of Early Learning 
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 listed included  for the State of Washington, this Agreement does not cover the 
procurement of fuel, paper products , boats, 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/USA/6 
 Page 21 
 
 
 Wyoming* 
 
The following entiti es of the State: 
 
Procurement Services Division 
Wyoming Department of Transportation 
University of Wyoming   
Notes to Annex 2  
 
1. For those states marked by an a Asterisk (*), next to a state indicating indicates  pre-existing 
restrictions, .  For those states, this Agreement does not cover pr ocurement of c onstruction-grade 
steel (including requirements on subcontracts), motor vehicles, or coal. 
 
2. The states entities listed included  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 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 states entities listed included  in this Annex, this Ag reement does not apply to 
restrictions attached to federal funds for mass transit and highway projects. 
 6. This Agreement does not c over the procurement of prin ting services by the entities listed 
included  in this Annex.  GPA/O/USA/6 
Page 22  
 
 ANNEX 3 
 
Other Entities  
 
 
 Unless otherwise specified, Tthis Agreement applies to the covers procurement by  entities 
listed included  in this Annex where the value of the pr ocurement is estimated, in accordance with 
paragraphs 6 through 8 of Ar ticle II, to equal or exceed , subject to the following thresholds : 
 
 (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 
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)  [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 2) 
2. Port of Baltimore (Note 3) 3. New York Power Authority (Note 4)   
List C: 
 
1. U.S. Department of Agriculture, Rural Utilities Service, Water and Waste Disposal Programs  
(Note 6) 
 
2. U.S. Department of Agriculture, Rural Housing Service, Community Facilities Program 
(Note 6) 
 
3. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy 
Efficiency and Conservation Block Grants  (Note 6)  GPA/O/USA/6 
 Page 23 
 
 
  
4. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, State 
Energy Program  (Note 6) 
 
5. U.S. Department of Housing and Urban De velopment, Office of Community Planning and 
Development, Community Development Block Grants Recovery  (CDBG-R)  (Note 6) 
 
6. U.S. Department of Housing and Urban Development, Office of  Public and Indian Housing, 
Public Housing Capital Fund  (Note 6) 
 
7. U.S. Environmental Protection Agency, Clean Water and Drinking Water State Revolving 
Funds,  for projects funded by reallocated ARRA funds where the contracts are signed after 
17 February 2010 (Note 6) 
 
 Notes to Annex 3  
1. The Rural Utilities Service shall not impose  any domestic 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 and te lecommunications projects.  [N.B.:   The United States will cover 
funding for telecommunications proj ects, provided that ot her Parties provide re ciprocal access.] 
 
2. Port Authority of New York and New Jersey: 
  (a) This Agreement does not cover: 
 
  (i) procurement of maintenance, repa ir, and operating mate rials and supplies ( e.g., 
 hardware, tools, lamps/lighting, and plumbing);  or 
   (ii) procurement pursuant to  multi-jurisdictional agreement ( i.e., for contracts that
 have initially been awarded by other jurisdictions). 
 
 (b) In exceptional cases, the Board of Di rectors may require the purchase of certain 
goods produced in the region.  This Agreement does not apply to any procurement subject to such a requirement. 
 
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 listed included  in this Annex, the this 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, su bject to the negotiation of mutually acceptable GPA/O/USA/6 
Page 24  
 
 commitments.] 
 
ANNEX 4 
 
Goods  
 
  Unless otherwise specified, Tthis Agreement applies to the procurement of covers  all goods 
procured by the entities listed included  in Annexes 1 through 3, unless otherwise specified in this 
Agreement. 
 
 GPA/O/USA/6 
Page 25 
 
 
 ANNEX 5 
 
Services  
 
 
1. Unless otherwise specified, Tthis Agreement applies to the procurement of covers  all 
services procured by the entities listed included  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 identified  in the Universal List of Services in document MTN.GNS/W/120 accordance 
with the Provisional Central Product Classification (CPC), which is found at:  
http://unstats.un.org/unsd/cr/registry/regcst.asp?C1=9&Lg=1 : 
 
 (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 terrestrial or satellite basis (Note 2).  N.B.:  The 
United States is reviewing this element of its offer. 
 
 (d) Research and Development  services . 
 
 
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; 
 GPA/O/USA/6 
Page 26  
 
  (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. GPA/O/USA/6 
Page 27 
 
 
 ANNEX 6 
 
Construction Services 
 
 
1. Unless otherwise specified and subject to paragraph 2, Tthis Agreement covers the 
procurement of all construction services procured by  the entities listed in Annexes 1 through 3, unless 
otherwise specified in this Agreement, including th is Annex, and includes procurement by means of a 
build-operate-transfer contract, wh ich is defined as a contractual arrangement the primary purpose of 
which is to provide for the constr uction or rehabilitation of physical infrastructure, plant, buildings, 
facilities or other government-owned works and under which, as consideration for a supplier's 
execution of a contractual arrangement, a procuring en tity grants to the supplier, for a specified period 
of time, temporary ownership or a right to cont rol and operate, and demand payment for the use of, 
such works for the du ration of the contract  listed in Division 51 of the Provisional Central Product 
Classification (CPC), which is found at:  
http://unstats.un.org/unsd/cr/registry/regcs.asp?C1=9&Lg=51 . 
 
2. This Agreement does not cover the procurement of dredging services. 
  GPA/O/USA/6 
Page 28  
 
 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 Appendix, t 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. 
 
43. Where a contract to be awarded procurement  by an entity is not covered by this Agreement, 
this Agreement shall not be cons trued to cover any good or service component of that contract 
procurement . 
 
54. For goods and services, including construction  services , of Canada the following countries and 
suppliers of such goods and services , this Agreement does not apply to cover  procurement by the 
entities listed in Lists A and B in Annex 3 or the waiver commitment with respect to financing 
provided by the Rural Utilities Service of power generation projects  described in List B in Note 1 to  
Annex 3: . 
 
 Canada 
 
The United States is prepared to amend this n Note  at such time as coverage with respect to Annex 3 
can be resolved with a Party listed above Canada .  [N.B.:  The removal of th is Note is contingent upon 
Canada's offer of its provincial hydro utilities.] 
 
65. For construction services of the Republic of  Korea and suppliers of such services, this 
Agreement applies covers  only to procurement of by the entities listed included  in Annexes 2 and or 3 
above a threshold of 15 million ,000,000  SDRs.  [N.B.:  The removal of this Note is contingent upon 
Korea's reduction of its thresholds to the US level.] 
 
76. For goods and services (including construction  services ) of Japan and suppliers of such goods 
and services, this Agreem ent does not apply to cover  procurement by the National Aeronautics and 
Space Administration.  [N.B.  The removal of this No te is contingent upon Japan' s coverage of the Japan 
Aerospace Exploration Agency.]  
 
87. 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. 
 98. For goods and services, including construction services, of Japan and suppliers of such 
goods and services, The United States will not extend the benefits of this Agreement to Japan as  GPA/O/USA/6 
 Page 29 
 
 
 regards the award of contracts does not cover procurement  by entities listed in Annex 3 that are 
responsible for the generation or distribution of electricity , including the commitment with respect to 
financing provided by the Rural Ut ilities Service of power generation  projects described in Note 1 
to Annex 3 .  [N.B.  The removal of this Note is con tingent upon Japan's coverage of comparable 
entities.]  
 
109. This Agreement does not apply to the cover  procurement of transporta tion services that form a 
part of, or are incidental to, a procurement contract. 
 
__________