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ARTICLE · 22 FEBRUARY 2010

Update On "Buy American" Agreement With Canada

Dorsey & Whitney LLP
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The United States and Canada have signed an agreement on government procurement, effective February 16th, 2010, allowing companies reciprocal access to participate in government procurement programs.

United StatesGovernment, Public Sector
Jay Lindgren
Jay Lindgren
Sara Peterson
Sara Peterson

The United States and Canada have signed an agreement on government procurement, effective February 16th, 2010, allowing companies reciprocal access to participate in government procurement programs. The deal permits Canadian suppliers to compete for projects funded by the American Recovery and Reinvestment Act of 2009 (ARRA) and provides expanded access for companies in both countries to bid on state, provincial, and territorial procurement contracts in accordance with the World Trade Organization Government Procurement Agreement (GPA).

Specifically, ARRA's Buy American provisions will no longer exclude Canadian goods from certain government projects. The agreement provides that Canadian iron, steel, and manufactured goods are exempt from ARRA's domestic purchasing requirements for projects funded by the U.S. Department of Agriculture's Water and Waste Disposal Programs and Community Facilities Program, The U.S. Department of Energy's Efficiency and Conservation

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