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Government Procurement

Promoting fair and transparent government procurement while maintaining key preference programs.
Nothing in TPP will prevent the United States government from buying American goods and services—but TPP will unlock significant opportunities for U.S. businesses and workers to increase their access to government procurement markets in TPP countries. TPP countries are fast-growing markets in which governments are expanding their buying and building as they grow more prosperous. TPP is an opportunity to sell more American-made machinery, medical technologies, transportation and infrastructure equipment, information technology, communications equipment, and other goods and services.
  • Increase opportunities for U.S. firms to sell Made in America products around the world.
  • Establish fair, transparent, predictable, and non-discriminatory rules to govern government procurement in TPP countries, including rules mirroring existing U.S. government procurement practices such as:
    • Publishing information on government procurement opportunities in a timely manner.
    • Ensuring sufficient time for suppliers to obtain tender documentation and submit bids.
    • Ensuring that procurement will be handled under fair procedures.
    • Ensuring that contracts will be awarded based solely on the evaluation criteria specified in the notices and tender documentation.
    • Providing impartial administrative or judicial review authority to review challenges or complaints.
  • Exclude coverage of state and local governments from the commitments being negotiated.
  • Keep in place domestic preferential purchasing programs such as:
    • Preference programs for small businesses, women and minority owned businesses, service-disabled veterans, and distressed areas.
    • “Buy America” requirements on Federal assistance to state and local projects
    • Transportation services, food assistance, and farm support.
    • Key Department of Defense procurement.
  • Maintain broad exceptions for special government procurement regarding:
    • National security.
    • Measures necessary to protect public morals, order, or safety.
    • Protecting human, animal, or plant life or health.
    • Protecting intellectual property.
  • Allow for labor, environmental, and other criteria to be included in contracting requirements.


For more information on government procurement, visit WWW.USTR.GOV/ISSUE-AREAS/GOVERNMENT-PROCUREMENT