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.