Greater Access Under The New Canada – US Agreement On Government Procurement

On February 16, 2010 the Agreement Between the Government of Canada and The Government of the United States of America on Government Procurement (the Agreement) came into force. The Agreement will allow Canadian companies greater access to procurement by individual States and the U.S. Federal government. It will also provide them a waiver from the "Buy American" provision of the American Recovery and Reinvestment Act of 2009 (ARRA) for procurements over minimum thresholds.

The Agreement amends both U.S. and Canadian commitments under the World Trade Organization's Agreement on Government Procurement (GPA). Previously, the U.S. specifically excluded Canadian companies from benefiting under the U.S. GPA commitments for procurement by U.S. States. The amendments to the U.S. GPA commitment remove this exclusion. Canadian companies will be allowed to supply goods and services procured by certain agencies and bodies in 37 states including New York, California,