The 38 states committed to open procurement under international agreements can deny access to purchases that fall under exclusions and restrictions applicable to all states. Furthermore, many states reserve certain procurement for local suppliers based on state-specific exclusions.
General Exclusions of State Procurement: State procurement that is not open to parties to the WTO Government Procurement Agreement (GPA) and free trade agreements (FTAs) includes the following:
- Procurement under state programs promoting the development of distressed areas and businesses owned by minorities, disabled veterans and women.
- Procurement by a covered state entity on behalf of a non-covered entity at a different level of government.
- Procurement for highway, railway and transit projects that are undertaken with federal grants, which impose Buy America restrictions. Foreign suppliers may participate in such projects, provided they meet the domestic content restrictions.
- Procurement of services excluded by the United States for all state and federal entities, as well as printing services.
In addition, a state may apply restrictions in its procurement that promotes its general environmental quality, as long as the restrictions are not disguised barriers to international trade.
State-Specific Exclusions: The states that have qualified their coverage of procurement with specific exclusions and their exclusions are set out in the following chart, along with the states that have not taken any exclusions.
STATE State-Specific Exclusions of Goods, Services & Construction Services
| Arizona | None | |
| Arkansas | Construction services | |
| California | None | |
| Colorado | None | |
| Connecticut | None | |
| Delaware | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal | |
| Florida | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal | |
| Georgia | Beef, compost, mulch | |
| Hawaii | Construction services, software developed in state | |
| Idaho | None | |
| Illinois | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal | |
| Iowa | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal | |
| Kansas | Construction services, automobiles, aircraft | |
| Kentucky | Construction services | |
| Louisiana | None | |
| Maine | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal | |
| Maryland | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal | |
| Massachusetts | None | |
| Michigan | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal | |
| Minnesota | None | |
| Mississippi | Services | |
| Missouri | None | |
| Montana | Goods | |
| Nebraska | None | |
| New Hampshire | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal | |
| New York | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal; procurement by public authorities and public benefit corporations with multi-state mandates; transit cars, buses and related equipment | |
| Oklahoma | Construction services, construction-grade steel (including requirements on subcontracts), motor vehicles, coal | |
| Oregon | None | |
| Pennsylvania | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal | |
| Rhode Island | Boats, automobiles, buses, related equipment | |
| South Dakota | Beef | |
| Tennessee | Services, including construction services | |
| Texas | No exclusions in GPA, Chile FTA or Singapore FTA; exclusions of motor vehicles, travel agencies located in state and certain rubberized asphalt paving in other FTAs | |
| Utah | None | |
| Vermont | None | |
| Washington | Fuel, paper products, boats, ships, vessels | |
| Wisconsin | None | |
| Wyoming | Construction-grade steel (including requirements on subcontracts), motor vehicles, coal |
Jean Heilman Grier
October 14, 2014
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