REUNIÓN A NIVEL MINISTERIAL DE LAS PARTES EN EL ACUERDO DE LA OMC SOBRE CONTRATACIÓN PÚBLICA (ACP)
ORGANIZACIÓN MUNDIAL DEL COMERCIO
Comité de Contratación Pública
RESTRICTED
GPA/W/315/Add.2
15 de diciembre de 2011
(11-6533)
REUNIÓN A NIVEL MINISTERIAL DE LAS PARTES EN EL ACUERDO DE LA OMC SOBRE CONTRATACIÓN PÚBLICA (ACP)
(15 DE DICIEMBRE DE 2011, 11 H - 13 H)
OFERTA FINAL PRESENTADA EN LAS NEGOCIACIONES SOBRE EL ÁMBITO DE APLICACIÓN DEL ACP POR LA SIGUIENTE PARTE EN EL ACP*: REPÚBLICA XX XXXXX**
Addendum
* In English only./En anglais seulement./En inglés solamente.
** Véanse las demás adiciones al documento GPA/W/315, en las que figuran las ofertas finales de las demás Partes en el ACP.
FINAL OFFER OF KOREA
Korea submits this third revised offer, in accordance with Article XXIV:7 of the Agreement on Government Procurement. Korea reserves the right to withdraw, amend, restrict, restructure or extend this offer, in light of the offers from other Parties and the further progress made in the expansion negotiations.
The following are the major changes from the second revised offer:
1. List of entities in Annex 1 has been rearranged to reflect the order of the entities according to the relevant laws of Korea. There is no addition or deletion of entities as compared with Annex 1 of the second revised offer.
2. The definite article "the" has been inserted before "Government Organization Act" in paragraph 1 of Notes to Annex 1.
3. The names of laws mentioned in paragraph 2 of Notes to Annex 1 have been corrected to reflect the proper English translations.
4. "Local Autonomy Law" in paragraph 1 of Notes to Annex 2 has been corrected to "the Local Autonomy Act".
5. New entities have been added to Annex 3. In this regard, the "Local Public Enterprises Act" and the "Enforcement Regulations of the Local Public Enterprises Act" have been inserted in paragraph 1 of Notes to Annex 3 to refer to the legal basis for SME set-aside carve-out regarding these new entities.
6. In paragraph 1 of Notes to Annex 3, the definite article "the" has been inserted before "Act on the Management of Public Institutions" and "Rule on Contract Business of Public Institutions and quasi-governmental institution". In addition, "quasi-governmental institution" in the afore-mentioned rule has been corrected to "Quasi-governmental Institutions".
7. Some FSC Descriptions in Annex 4 have been updated to reflect the latest Federal Supply Classes, without changes in substance: FSCs 2610, 4520, 5660, 5985, 6850, 7350 and 7360.
8. The word "any" has been inserted before "set-asides for small- and medium-sized businesses" in Note to Annex 6 for the sake of consistency with "any set-asides for small- and medium-sized businesses" in paragraph 2 of Notes to Annex 1, paragraph 2 of Notes to Annex 2 and paragraph 1 of Notes to Annex 3.
9. "General Notes" in the second revised offer of Korea has been renamed "ANNEX 7: General Notes".
10. Derogation notes in Annex 7 towards the European Union, Norway and Switzerland have been adjusted. In particular, as regards procurement for airports, derogation note towards the European Union, Norway, and Switzerland has been deleted and replaced with paragraph 4 to affirm in general that Korea has not committed procurement for airports to any Party. The modifications are subject to reciprocal modifications to or deletion of the corresponding derogations towards Korea in the offers of the European Union, Norway, and Switzerland.
KOREA
(Authentic in the English language only)
ANNEX 1
Central Government Entities which Procure in Accordance with the Provisions of this Agreement
Supplies
Threshold: 130,000 SDR
List of Entities:
1. Board of Audit and Inspection
2. Office of the Prime Minister
3. Ministry of Strategy and Finance
4. Ministry of Education, Science and Technology
5. Ministry of Foreign Affairs and Trade
6. Ministry of Unification
7. Ministry of Justice
8. Ministry of National Defense
9. Ministry of Public Administration and Security
10. Ministry of Culture, Sports and Tourism
11. Ministry of Food, Agriculture, Forestry and Fisheries
12. Ministry of Knowledge Economy
13. Ministry of Health and Welfare
14. Ministry of Environment
15. Ministry of Employment and Labor
16. Ministry of Gender Equality
17. Ministry of Land, Transport and Maritime Affairs
18. Ministry of Government Legislation
19. Ministry of Patriots and Veterans Affairs
20. Fair Trade Commission
21. Financial Services Commission
22. Anti-corruption and Civil Rights Commission of Korea
23. Korea Communications Commission
24. National Human Rights Commission of Korea
25. National Tax Service
26. Korea Customs Service
27. Public Procurement Service (limited to purchases for entities in this list only. Regarding procurement for entities in Annex 2 and Annex 3 in this list, the coverages and thresholds for such entities thereunder shall be applied.)
28. Statistics Korea
29. Supreme Prosecutors' Office
30. Military Manpower Administration
31. Defense Acquisition Program Administration
32. National Police Agency (except purchases for the purpose of maintaining public order, as provided in Article III of the Agreement.)
33. National Emergency Management Agency
34. Cultural Heritage Administration
35. Rural Development Administration
36. Korea Forest Service
37. Small and Medium Business Administration
38. Korean Intellectual Property Office
39. Korea Food and Drug Administration
40. Korea Meteorological Administration
41. Korea Coast Guard (except purchases for the purpose of maintaining public order, as provided in Article III of the Agreement.)
42. Multifunctional Administrative City Construction Agency
Services
Threshold: 130,000 SDR
List of Entities which Procure Services Specified in Annex 5:
Same as "Supplies" section
Construction Services
Threshold: 5,000,000 SDR
List of Entities which Procure Services Specified in Annex 6:
Same as "Supplies" section
Notes to Annex 1
1. The above central government entities cover their "subordinate linear organizations", "special local administrative agencies" and "attached organs", as prescribed in the relevant provisions of the Government Organization Act of the Republic of Korea. Any entity with a separate legal personality that is not listed in this Annex is not covered.
2. This Agreement does not apply to any set-asides for small- and medium-sized businesses according to the Act Relating to Contracts to Which the State is a Party and its Presidential Decree, and the procurement of agricultural, fishery and livestock products according to the Grain Management Act, the Act on Distribution and Price Stabilization of Agricultural and Fishery Products, and the Livestock Industry Act.
ANNEX 2
Sub-Central Government Entities which Procure in Accordance with the Provisions of this Agreement
1. Group A
Supplies
Threshold: 200,000 SDR
List of Entities:
1. Seoul Xxxxxxxxxxxx Xxxxxxxxxx
0. Xxxxx Xxxxxxxxxxxx Xxxx
0. Xxxxx Xxxxxxxxxxxx Xxxx
0. Incheon Metropolitan City
5. Gwangju Xxxxxxxxxxxx Xxxx
0. Xxxxxxx Xxxxxxxxxxxx Xxxx
0. Xxxxx Xxxxxxxxxxxx Xxxx
0. Gyeonggi-do
9. Gangwon-do
10. Chungcheongbuk-do
11. Chungcheongnam-do
12. Gyeongsangbuk-do
13. Gyeongsangnam-do
14. Jeollabuk-do
15. Jeollanam-do
16. Jeju Special Self-Governing Province
Services
Threshold: 200,000 SDR
List of Entities which Procure Services Specified in Annex 5: Same as "Supplies" section
Construction Services
Threshold: 15,000,000 SDR
List of Entities which Procure Services Specified in Annex 6: Same as "Supplies" section
2. Group B
Supplies
Threshold: 400,000 SDR
List of Entities:
(a) Local governments in Seoul Metropolitan Government
1. Xxxxxx-xx
2. Xxxx-xx
3. Xxxxxxx-xx
4. Seongdong-gu
5. Gwangjin-gu
6. Dongdaemun-gu
7. Jungnang-gu
8. Seongbuk-gu
9. Gangbuk-gu
10. Dobong-gu
11. Nowon-gu
12. Eunpyeong-gu
13. Seodaemun-gu
14. Mapo-gu
15. Yangcheon-gu
16. Xxxxxxx-xx
00. Xxxx-xx
00. Geumcheon-gu
19. Yeongdeungpo-gu
20. Dongjak-gu
21. Gwanak-gu
22. Xxxxxx-xx
23. Gangnam-gu
24. Songpa-gu
25. Gangdong-gu
(b) Local governments in Xxxxx Xxxxxxxxxxxx Xxxx
0. Xxxx-xx
0. Xxx-xx
3. Dong-gu
4. Yeongdo-gu
5. Busanjin-gu
6. Dongnae-gu
7. Nam-gu
8. Buk-gu
9. Haeundae-gu
10. Saha-gu
11. Geumjeong-gu
12. Gangseo-gu
13. Yeonje-gu
14. Suyeong-gu
15. Sasang-gu
16. Gijang-gun
(c) Local governments in Incheon Xxxxxxxxxxxx Xxxx
0. Xxxx-xx
0. Xxxx-xx
0. Nam-gu
4. Yeonsu-gu
5. Namdong-gu
6. Bupyeong-gu
7. Gyeyang-gu
8. Xxx-xx
9. Ganghwa-gun
10. Ongjin-gun
Services
Threshold: 400,000 SDR
List of Entities which Procure Services Specified in Annex 5:
Same as "Supplies" section
Construction Services
Threshold: 15,000,000 SDR
List of Entities which Procure Services Specified in Annex 6:
Same as "Supplies" section
Notes to Annex 2
1. The above sub-central administrative government entities cover "subordinate organizations under direct control", "offices" and "branch offices", as prescribed in the relevant provisions of the Local Autonomy Act of the Republic of Korea. Any entity with a separate legal personality that is not listed in this Annex is not covered.
2. This Agreement does not apply to any set-asides for small- and medium-sized businesses according the Act Relating to Contracts to Which the Local Government is a Party and its Presidential Decree.
ANNEX 3
All Other Entities which Procure in Accordance with the Provisions of this Agreement
Supplies
Threshold: 400,000 SDR
List of Entities:
1. Korea Development Bank
2. Industrial Bank of Korea
3. Korea Minting and Security Printing Corporation
4. Korea Electric Power Corporation (except purchases of products in the categories of HS Nos. 8504, 8535, 8537 and 8544)
5. Korea Coal Corporation
6. Korea Resources Corporation
7. Korea National Oil Corporation
8. Korea Trade-Investment Promotion Agency
9. Korea Expressway Corporation
10. Korea Land and Housing Corporation
11. Korea Water Resources Corporation
12. Korea Rural Community Corporation
13. Korea Agro-Fisheries Trade Corporation
14. Korea Tourism Organization
15. Korea Labor Welfare Corporation
16. Korea Gas Corporation
17. Korea Railroad Corporation
18. Korea Rail Network Authority
19. Seoul Metro*
20. Seoul Metropolitan Rapid Transit Corporation*
21. Incheon Metro*
22. Busan Transportation Corporation*
23. Daegu Metropolitan Transit Corporation*
24. Daejon Metropolitan Express Transit Corporation*
25. Gwangju Metropolitan Rapid Transit Corporation*
Services
Threshold: 400,000 SDR
List of Entities which Procure Services Specified in Annex 5: Same as "Supplies" section
Construction Services
Threshold: 15,000,000 SDR
List of Entities which Procure Services Specified in Annex 6: Same as "Supplies" section
Notes to Annex 3
1. This Agreement does not apply to any set-asides for small- and medium-sized businesses according to the Act on the Management of Public Institutions, the Rule on Contract Business of Public Institutions and Quasi-governmental Institutions, the Local Public Enterprises Act and the Enforcement Regulations of the Local Public Enterprises Act.
2. This Agreement does not apply to the procurement of the transportation services that form a part of, or are incidental to, a procurement contract.
3. This Agreement does not apply to the procurement by Korea Electric Power Corporation and Korea Gas Corporation of the following services.
GNS/W/120 | CPC code | Description |
1.A.e. | 8672 | Engineering services |
1.A.f. | 8673 | Integrated engineering services |
1.B. | 84 | Computer and related services |
1.F.e. | 86761 | Composition and purity testing and analysis services |
1.F.e. | 86764 | Technical inspection services |
1.F.m. | 8675 | Related scientific and technical consulting services |
8861-8866 | and equipment | |
1.F.c. | 865 | Management consulting service |
1.F.d. | 86601 | Project management services |
1.F.n.
633,
Repair services incidental to metal products, machinery
2.C.
7523
Telecommunication services
(including code and protocol conversion)
4. For the purchases of Korea Rail Network Authority, this Agreement only applies to the following:
- Construction and procurement of conventional railroad facilities;
- Engineering service including conventional railroad design;
- Supervision of conventional railroad facilities;
- Management of conventional railroad facilities.
5. This Agreement shall begin to apply to the entities marked by an asterisk in this Annex on 1 January 2015, if this Agreement enters into force before 1 January 2015.†
† The wording is subject to confirmation by the EU.
ANNEX 4
Goods
1. This Agreement will apply to the procurement of all goods procured by the entities listed in Annexes 1 through 3, unless otherwise specified in this Agreement.
2. Subject to the decision of the Korean Government under the provisions of paragraph 1, Article III, for the purchases of the Ministry of National Defense and the Defense Acquisition Program Administration, this Agreement will generally apply to the following FSC categories only.
FSC | Description |
2510 | Vehicular cab, body, and frame structural components |
2520 | Vehicular power transmission components |
2540 | Vehicular furniture and accessories |
2590 | Miscellaneous vehicular components |
2610 | Tires and tubes, pneumatic, except aircraft |
2910 | Engine fuel system components, non-aircraft |
2920 | Engine electrical system components, non-aircraft |
2930 | Engine cooling system components, non-aircraft |
2940 | Engine air and oil filters, strainers and cleaners, non-aircraft |
2990 | Miscellaneous engine accessories, non-aircraft |
3020 | Gears, pulleys, sprockets and transmission chain |
3416 | Lathes |
3417 | Milling machines |
3510 | Laundry and dry cleaning equipment |
4110 | Refrigeration equipment |
4230 | Decontaminating and impregnating equipment |
4520 | Space and water heating equipment |
4940 | Miscellaneous maintenance and repair shop specialized equipment |
5120 | Hand tools, nonedged, non-powered |
5410 | Prefabricated and portable buildings |
5530 | Plywood and veneer |
5660 | Fencing, fences, xxxxx and components |
5945 | Relays and solenoids |
5965 | Headsets, handsets, microphones and speakers |
5985 | Antennas, waveguide, and related equipment |
5995 | Cable, cord, and wire assemblies: communication equipment |
6505 | Drugs and biologicals |
6220 | Electric vehicular lights and fixtures |
6840 | Pest control agents disinfectants |
6850 | Miscellaneous chemical specialties |
7310 | Food cooking, baking, and serving equipment |
7320 | Kitchen equipment and appliances |
7330 | Kitchen hand tools and utensils |
7350 | Tableware |
7360 | Sets, kits, outfits, and modules, food preparation and serving |
7530 | Stationery and record forms |
7920 | Brooms, brushes, mops, and sponges |
7930 | Cleaning and polishing compounds and preparations |
8110 | Drums and cans |
9150 | Oils and greases: cutting, lubricating, and hydraulic |
9310 | Paper and paperboard |
ANNEX 5
Services
Of the Universal List of Services, as contained in document MTN.GNS/W/120, the following services are included (others being excluded):
GNS/W/120 | CPC | Description |
1.A.b. | 862 | Accounting, auditing and bookkeeping services |
1.A.c. | 863 | Taxation services |
1.A.d. | 8671 | Architectural services |
1.A.e. | 8672 | Engineering services |
1.A.f. | 8673 | Integrated engineering services |
1.A.g. | 8674 | Urban planning and landscape architectural services |
1.B. | 84 | Computer Services |
1.B.a. | 841 | Consultancy services related to the installation of computer hardware |
1.B.b. | 842 | Software implementation services |
1.B.c. | 843 | Data processing services |
1.B.d. | 844 | Data base services |
1.B.e. | 845 | Maintenance and repair services of office machinery and equipment (including computers) |
1.E.a. 83103 Rental/leasing services without operators relating to
ships
1.E.b. 83104 Rental/leasing services without operators relating to
aircraft
1.E.c. 83101, 83105* Rental/leasing services without operators relating to
other transport equipment (only passenger vehicles for less than fifteen passengers) | ||
1.E.d. | 83106, 83108, | Rental/leasing services without operators relating to |
83109 | other machinery and equipment | |
1.F.a. | 83107 8711, 8719 | Rental/leasing services without operator relating to construction machinery and equipment Advertising agency services |
1.F.b. | 864 | Market research and public opinion polling services |
1.F.c. | 865 | Management consulting services |
1.F.d. | 86601 | Project management services |
1.F.e. | 86761* | Composition and purity testing and analysis services (only inspection, testing and analysis services of air, water, noise level and vibration level) |
86764 | Technical inspection services | |
1.F.f. | 8811*, 8812* | Consulting services relating to agriculture and animal husbandry |
8814* | Services incidental to forestry (excluding aerial fire fighting and disinfection) | |
1.F.g. | 882* | Consulting services relating to fishing |
1.F.h. | 883* | Consulting services relating to mining |
1.F.m. | 86751, 86752 | Related scientific and technical consulting services |
GNS/W/120 1.F.n. | CPC 633, 8861 | Description Maintenance and repair of equipment |
8862, 8863 | ||
8864, 8865 | ||
8866 | ||
1.F.p. | 875 | Photographic services |
1.F.q. | 876 | Packaging services |
1.F.r. | 88442* | Printing (screen printing, gravure printing, and services relating to printing) |
1.F.s. | 87909* | Stenography services |
Convention agency services | ||
1.F.t. | 87905 | Translation and interpretation services |
2.C.j. | 7523* | On-line information and data-base retrieval |
2.C.k. | 7523* | Electronic data interchange |
2.C.l. | 7523* | Enhanced/value-added facsimile services including store and forward, store and retrieve |
2.C.m. | - | Code and protocol conversion |
2.C.n. | 843* | On-line information and/or data processing (including transaction processing) |
2.D.a. | 96112*, 96113* | Motion picture and video tape production and distribution services (excluding those services for cable TV broadcasting) |
2.D.e. | - | Record production and distribution services (sound recording) |
6.A. | 9401* | Refuse water disposal services (only collection and treatment services of industrial waste water) |
6.B. | 9402* | Industrial refuse disposal services (only collection, transport, and disposal services of industrial refuse) |
6.D. | 9404*, 9405* | Cleaning services of exhaust gases and noise abatement services (services other than construction work services) |
9.A | 9406*, 9409* 641 | Environmental testing and assessment services (only environmental impact assessment services) Hotel and other lodging services |
642 | Food serving services | |
9.B | 6431 7471 | Beverage serving services without entertainment (Excluding rail and air transport related facilities in CPC 6431) Travel agency and tour operator services(except |
Government Transportation Request) | ||
11.A.b. | 7212* | International transport, excluding cabotage |
11.A.d. | 8868* | Maintenance and repair of vessels |
11.F.b. | 71233* | Transportation of containerized freight, excluding cabotage |
GNS/W/120 CPC Description
11.H.c 748* Freight transport agency services
- Maritime agency services
- Maritime freight forwarding services
- Shipping brokerage services
- Air cargo transport agency services
- Customs clearance services
11.I. - Freight forwarding for rail transport
Note to Annex 5
Asterisks (*) designate "part of" as described in detail in the Revised Conditional Offer of the Republic of Korea Concerning Initial Commitments on Trade in Services.
ANNEX 6
Construction Services
Definition:
1. A construction services contract is a contract which has as its objective the realization by whatever means of civil or building works, in the sense of Division 51 of the Central Product Classification. Such a contract includes a build-operate-transfer contract, to which BOT threshold applies.
2. A build-operate-transfer contract is any contractual arrangement the primary purpose of which is to provide for the construction or rehabilitation of physical infrastructures, plants, buildings, facilities, or other government-owned works and under which, as consideration for a supplier's execution of a contractual arrangement, a procuring entity grants to the supplier, for a specified period of time, temporary ownership or a right to control and operate, and demand payment for the use of such works for the duration of the contract.
Threshold: 5,000,000 SDR for entities set out in Annex 1 15,000,000 SDR for entities set out in Annex 2 15,000,000 SDR for entities set out in Annex 3
BOT Threshold: 5,000,000 SDR for entities set out in Annex 1
15,000,000 SDR for entities set out in Annex 2
List of construction services offered:
CPC Description
51 Construction work
Note to Annex 6
This Agreement does not apply to any set-asides for small- and medium-sized businesses according to the Act on Private Participation in Infrastructure.
ANNEX 7
General Notes
1. Korea will not extend the benefits of this Agreement as regards the award of contracts by Korea Railroad Corporation and Korea Rail Network Authority, to the suppliers and service providers of Norway and Switzerland, until such time as Korea has accepted that those countries give comparable and effective access for Korean undertakings to their relevant markets.
2. A service listed in Annex 5 is covered with respect to a particular party only to the extent that such party has included that service in its Annex 5.
3. This Agreement shall not apply to procurement in furtherance of human feeding programmes.
4. For greater clarity, procurement for airports is not covered under this Agreement.