U.S. Procurement Commitments under Trade Agreements: A Djaghe White Paper

A Djaghe white paper on U.S. Procurement Commitments under Trade Agreements provides a comprehensive examination of international trade agreements that apply to U.S. government procurement, the U.S. commitments under those agreements and the legal framework for opening U.S. procurement to foreign suppliers. It compiles posts from Perspectives on Trade that treat this subject.

Currently, the U.S. opens its procurement to 60 countries or economies: 45 under the WTO Government Procurement Agreement (GPA) and 15 under free trade agreements. The first three posts in the white paper examine the agreements that the U.S. has entered that apply to its government procurement, the authority for opening procurement under those agreements and the constraints on such opening. The first, “U.S. Agreements Open Foreign Procurement”, reviews the international trade agreements that apply to government procurement. A second, “Trade Agreements Act of 1979: Broad Authority, Narrow Application”, addresses the authority for the President to comply with procurement obligations under trade agreements and the limits of that authority. The post, “Opening Foreign Procurement Markets Amid Domestic Preferences”, further examines the constraints on the ability of the U.S. to open its procurement.

The next set of posts details the procurement that the U.S. covers under trade agreements. The posts, “U.S. Procurement Covered under Revised GPA” and “TTIP Negotiations: US-EU Procurement Commitments”, outline the procurement that the U.S. covers under the GPA; and the post, “Revised U.S. Procurement Thresholds”, sets out the U.S. dollar values of the thresholds that apply through 2017. The U.S. coverage of public-private partnerships (PPPs) is considered in two posts, “BOT Contracts and Works Concessions in the TTIP” and “PPPs #4: TPP Parties”.

The examination of commitments concludes with two posts that focus on purchases excluded from agreements: “Services Excluded from U.S. Procurement Commitments” and “U.S. Procurement Preferences for Small and Minority Businesses”.

Four posts delve into the procurement covered by states under international agreements: “40 States Cover Procurement under International Agreements”, “State Procurement Restrictions in Agreements”, “International Trade Agreements Guide for State Procurement” and “Federal Domestic Content Restrictions on State & Local Projects”.

Finally, the post, “Government Procurement in TPP”, provides a link to an article on the procurement that the U.S. has agreed to cover under the Trans-Pacific Partnership (TPP), when that Agreement is implemented.

Jean Heilman Grier

May 31, 2016

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