GPA/O/USA/5
Organización Mundial del Comercio
RESTRICTED
GPA/O/USA/5
30 de noviembre de 2010
(10-6472)
Comité de Contratación Pública Original: inglés
NEGOCIACIONES SOBRE LA AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y LA ELIMINACIÓN DE LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS DE CONFORMIDAD CON LOS APARTADOS b) Y c) DEL PÁRRAFO 7 DEL ARTÍCULO XXIV DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA
Comunicación de los Estados Unidos1 Oferta prefinal
La siguiente comunicación, de fecha 30 de noviembre de 2010 se distribuye a petición de la delegación de los Estados Unidos.
1 En inglés solamente.
PRE-FINAL OFFER OF THE UNITED STATES (29 NOVEMBER 2010)
To contribute to the conclusion of the negotiations under Article XXIV:7 of the Agreement on Government Procurement, the United States submits this Pre-Final Offer. The United States is expanding its coverage with the addition to Annex 1 of the following 11 Federal agencies:
o Transportation Security Administration (under the Department of Homeland Security) with the exception of its procurement of textiles and apparel
o Advisory Council on Historic Preservation
o Court Services and Offender Supervision Agency for the District of Colombia
o Federal Energy Regulatory Commission
o Federal Housing Finance Agency
o Federal Labor Relations Authority
o National Assessment Governing Board
o National Endowment for the Arts
o National Endowment for the Humanities
o U.S. Marine Mammal Commission
o United States Access Board
The United States reserves the right to withdraw, amend, or restrict this pre-final offer at any time during the course of the negotiations.
Modifications from the Second Revised Offer of the United States are noted in bold, underlining, and strikeout.
ANNEX 1
Central Government Entities
1. This Agreement applies to the central government entities listed in this Annex where the value of the procurement is estimated, in accordance with paragraphs 68 through 810 of Article II, to equal or exceed, for procurement of:
(a) goods and services: 130,000 SDRs
(b) construction services: 5 million SDRs
2. Unless otherwise specified in this Annex, all agencies subordinate to the listed entities are covered by this Agreement.
List of Entities:
1. Advisory Commission on Intergovernmental Relations
2. African Development Foundation
3. Alaska Natural Gas Transportation System
4. American Battle Monuments Commission
5. Appalachian Regional Commission
6. Broadcasting Board of Governors
7. Commission of Fine Arts
8. Commission on Civil Rights
9. Commodity Futures Trading Commission
10. Consumer Product Safety Commission
11. Corporation for National and Community Service
12. Delaware River Basin Commission
13. Department of Agriculture (Note 1)
14. Department of Commerce (Note 2)
15. Department of Defense (Note 3)
16. Department of Education
17. Department of Energy (Note 4)
18. Department of Health and Human Services
19. Department of Homeland Security (Note 5)
20. Department of Housing and Urban Development
21. Department of the Interior
22. Department of Justice
23. Department of Labor
24. Department of State
25. Department of Transportation (Note 6)
26. Department of the Treasury
27. Department of Veterans Affairs
28. Environmental Protection Agency
29. Equal Employment Opportunity Commission
30. Executive Office of the President
31. Export-Import Bank of the United States
32. Farm Credit Administration
33. Federal Communications Commission
34. Federal Crop Insurance Corporation
35. Federal Deposit Insurance Corporation
36. Federal Election Commission
37. Federal Home Loan Mortgage Corporation
38. Federal Housing Finance Board
39. Federal Maritime Commission
40. Federal Mediation and Conciliation Service
41. Federal Mine Safety and Health Review Commission
42. Federal Prison Industries, Inc.
43. Federal Reserve System
44. Federal Retirement Thrift Investment Board
45. Federal Trade Commission
46. General Services Administration (Note 7)
47. Government National Mortgage Association
48. Holocaust Memorial Council
49. Inter-American Foundation
50. Merit Systems Protection Board
51. National Aeronautics and Space Administration
52. National Archives and Records Administration
53. National Capital Planning Commission
54. National Commission on Libraries and Information Science
55. National Council on Disability
56. National Credit Union Administration
57. National Foundation on the Arts and the Humanities
58. National Labor Relations Board
59. National Mediation Board
60. National Science Foundation
61. National Transportation Safety Board
62. Nuclear Regulatory Commission
63. Occupational Safety and Health Review Commission
64. Office of Government Ethics
65. Office of the Nuclear Waste Negotiator
66. Office of Personnel Management
67. Office of Special Counsel
68. Office of Thrift Supervision
69. Overseas Private Investment Corporation
70. Peace Corps
71. Railroad Retirement Board
72. Securities and Exchange Commission
73. Selective Service System
74. Small Business Administration
75. Smithsonian Institution
76. Social Security Administration
77. Susquehanna River Basin Commission
78. United States Agency for International Development (Note 8)
79. United States International Trade Commission
80. Uranium Enrichment Corporation
81. Advisory Council on Historic Preservation
82. Court Services and Offender Supervision Agency for the District of Columbia 83. Federal Energy Regulatory Commission
84. Federal Housing Finance Agency 85. Federal Labor Relations Authority
86. National Assessment Governing Board 87. National Endowment for the Arts
88. National Endowment for the Humanities 89. U.S. Marine Mammal Commission
90. United States Access Board
Notes to Annex 1
1. Department of Agriculture: This Agreement does not cover the procurement of any agricultural good made in furtherance of an agricultural support program or a human feeding program.
2. Department of Commerce: This Agreement does not cover the procurement of any good or service related to the shipbuilding activities of the U.S. National Oceanic and Atmospheric Administration (NOAA).
3. Department of Defense:
(a) This Agreement does not cover the procurement of any good described in any Federal Supply Code classification listed below (for complete listing of U.S. Federal Supply Classification, see xxx.xxxxxxxxxxx.xxx/xxxxx/xxx-xxxxx/xxx.xxxx):
FSC 19 Ships, Small Craft, Pontoons, and Floating Docks (the part of this classification defined as naval vessels or major components of the xxxx or superstructure thereof)
FSC 20 Ship and Marine Equipment (the part of this classification defined as naval vessels or major components of the xxxx or superstructure thereof)
FSC 2310 Passenger Motor Vehicles (only buses) FSC 5l Hand Tools
FSC 52 Measuring Tools
FSC 83 Textiles, Leather, Furs, Apparel, Shoes, Tents, and Flags (all elements other than pins, needles, sewing kits, flagstaffs, flagpoles, and flagstaff trucks)
FSC 84 Clothing, Individual Equipment, and Insignia (all elements other than sub-class 8460 - luggage)
FSC 89 Subsistence (all elements other than sub-class 8975 - tobacco products)
(b) This Agreement does not cover the procurement of any specialty metal or any good containing one or more specialty metals. "Specialty metal" means:
(i) steel for which the maximum alloy content exceeds one or more of the following levels: manganese, 1.65 per cent; silicon, 0.60 per cent; or copper, 0.60 per cent;
(ii) steel that contains more than 0.25 per cent of any of the following elements: aluminium, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium;
(iii) a metal alloy consisting of a nickel, iron-nickel, or cobalt base alloy that contains a total of other alloying metals (except iron) in excess of 10 per cent;
(iv) titanium or a titanium alloy; or
(v) zirconium or a zirconium base alloy.
(c) The Agreement generally does not cover the procurement of any good described in any of the following FSC classifications, due to the application of paragraph 1 of Article III:
FSC 10 Weapons
FSC 11 Nuclear Ordnance
FSC 12 Fire Control Equipment
FSC 13 Ammunitions and Explosives FSC 14 Guided Missiles
FSC 15 Aircraft and Airframe Structural Components FSC 16 Aircraft Components and Accessories
FSC 17 Aircraft Launching, Landing, and Ground Handling Equipment FSC 18 Space Vehicles
FSC 19 Ships, Small Craft, Pontoons, and Floating Docks FSC 20 Ship and Marine Equipment
FSC 2350 Combat, Assault & Tactical Vehicles, Tracked FSC 28 Engines, Turbines, and Components
FSC 31 Bearings
FSC 58 Communications, Detection, and Coherent Radiation FSC 59 Electrical and Electronic Equipment Components
FSC 8140 Ammunition & Nuclear Ordnance Boxes, Packages & Special Containers
FSC 95 Metal Bars, Sheets, and Shapes
(d) This Agreement generally covers the procurement of the following FSC categories subject to United States Government determinations under paragraph 1 of Article III:
FSC | 22 | Railway Equipment |
FSC | 23 | Motor Vehicles, Trailers, and Cycles (except buses in 2310) |
FSC | 24 | Tractors |
FSC | 25 | Vehicular Equipment Components |
FSC | 26 | Tyres and Tubes |
FSC | 29 | Engine Accessories |
FSC | 30 | Mechanical Power Transmission Equipment |
FSC | 32 | Woodworking Machinery and Equipment |
FSC | 34 | Metalworking Machinery |
FSC | 35 | Service and Trade Equipment |
FSC | 36 | Special Industry Machinery |
FSC | 37 | Agricultural Machinery and Equipment |
FSC | 38 | Construction, Mining, Excavating, and Highway Maintenance |
Equipment | ||
FSC | 39 | Materials Handling Equipment |
FSC | 40 | Rope, Cable, Chain and Fittings |
FSC | 41 | Refrigeration and Air Conditioning Equipment |
FSC | 42 | Fire Fighting, Rescue and Safety Equipment |
FSC | 43 | Pumps and Compressors |
FSC | 44 | Furnace, Steam Plant, Drying Equipment and Nuclear Reactors |
FSC | 45 | Plumbing, Heating and Sanitation Equipment |
FSC | 46 | Water Purification and Sewage Treatment Equipment |
FSC | 47 | Pipe, Tubing, Hose and Fittings |
FSC | 48 | Valves |
FSC | 49 | Maintenance and Repair Shop Equipment |
FSC | 53 | Hardware and Abrasives |
FSC | 54 | Prefabricated Structures and Scaffolding |
FSC | 55 | Lumber, Millwork, Plywood and Veneer |
FSC | 56 | Construction and Building Materials |
FSC | 61 | Electric Wire, and Power and Distribution Equipment |
FSC | 62 | Lighting Fixtures and Lamps |
FSC | 63 | Alarm and Signal Systems |
FSC | 65 | Medical, Dental, and Veterinary Equipment and Supplies |
FSC | 66 | Instruments and Laboratory Equipment |
FSC | 67 | Photographic Equipment |
FSC | 68 | Chemicals and Chemical Products |
FSC | 69 | Training Aids and Devices |
FSC | 70 | General Purpose ADPE, Software, Supplies and Support Equipment |
FSC | 71 | Furniture |
FSC | 72 | Household and Commercial Furnishings and Appliances |
FSC | 73 | Food Preparation and Serving Equipment |
FSC | 74 | Office Machines, Visible Record Equipment and ADP Equipment |
FSC | 75 | Office Supplies and Devices |
FSC | 76 | Books, Maps and Other Publications |
FSC | 77 | Musical Instruments, Phonographs, and Home Type Radios |
FSC | 78 | Recreational and Athletic Equipment |
FSC | 79 | Cleaning Equipment and Supplies |
FSC | 80 | Brushes, Paints, Sealers and Adhesives |
FSC | 81 | Containers, Packaging and Packing Supplies |
FSC | 85 | Toiletries |
FSC | 87 | Agricultural Supplies |
FSC | 88 | Live Animals |
FSC | 91 | Fuels, Lubricants, Oils and Waxes |
FSC | 93 | Non-metallic Fabricated Materials |
FSC | 94 | Non-metallic Crude Materials |
FSC | 96 | Ores, Minerals and their Primary Products |
FSC | 99 | Miscellaneous |
4. Department of Energy: Due to the application of paragraph 1 of Article III, this Agreement does not cover the procurement of:
(a) Any good or service made to support the safeguarding of nuclear materials or technology, where the Department of Energy conducts the procurement under the authority of the Atomic Energy Act; or
(b) Any oil purchase related to the Strategic Petroleum Reserve.
5. Department of Homeland Security:
(a) This Agreement does not cover procurement by the Transportation Security Administration of FSC 83 (Textiles, Leather, Furs, Apparel, Shoes, Tents, and Flags) and FSC 84 (Clothing, Individual Equipment, and Insignia).
(b) The national security considerations applicable to the Department of Defense apply equally to the U.S. Coast Guard.
6. Department of Transportation: This Agreement does not cover procurement by the Federal Aviation Administration.
7. General Services Administration: This Agreement does not cover the procurement of any good in any of the following FSC categories:
FSC 51 Hand Tools
FSC 52 Measuring Tools FSC 7340 Cutlery and Flatware
8. United States Agency for International Development: This Agreement does not cover procurement for the direct purpose of providing foreign assistance.
ANNEX 2
Sub-Central Government Entities
This Agreement applies to the sub-central government entities listed in this Annex, where the value of the procurement is estimated, in accordance with paragraphs 68 through 810 of Article II, to equal or exceed for procurement of:
(a) goods and services: 355,000 SDRs
(b) construction services: 5 million SDRs
List of Entities:
Arizona
Executive branch agencies
Arkansas
Executive branch agencies, including universities
For the entities listed for Arkansas, this Agreement does not cover procurement by the Office of Fish and Game or construction services.
California
Executive branch agencies
Colorado
Executive branch agencies
Connecticut
Department of Administrative Services Connecticut Department of Transportation Connecticut Department of Public Works Constituent Units of Higher Education
Delaware*
Administrative Services (Central Procurement Agency) State Universities
State Colleges
Florida*
Executive branch agencies
Hawaii
Department of Accounting and General Services
For the entity listed for Hawaii, this Agreement does not cover procurement of software developed in the state or construction services.
Idaho
Central Procurement Agency (including all colleges and universities subject to central purchasing oversight)
Illinois*
Department of Central Management Services
Iowa*
Department of General Services Department of Transportation
Board of Regents Institutions (universities)
Kansas
Executive branch agencies
For the entities listed for Kansas, this Agreement does not cover the procurement of construction services, automobiles, or aircraft.
Kentucky
Division of Purchases Office of Procurement Services, Finance and Administration Cabinet
[Note: This revision is based on U.S. proposed modifications in GPA/MOD/USA/9, dated 22 November 2010.]
For the entity listed for Kentucky, this Agreement does not cover procurement for construction projects. Louisiana
Executive branch agencies
Maine*
Department of Administrative and Financial Services
Bureau of General Services (covering procurement by state government agencies and procurement related to school construction)
Maine Department of Transportation
Maryland*
Office of the Treasury Department of the Environment Department of General Services
Department of Housing and Community Development Department of Human Resources
Department of Licensing and Regulation Department of Natural Resources
Department of Public Safety and Correctional Services Department of Personnel
Department of Transportation
Massachusetts
Executive Office for Administration and Finance
Executive Office of Communities Housing and Economic Development
Executive Office of Consumer Affairs Executive Office of Economic Affairs Executive Office of Education Executive Office of Xxxxx Affairs
Executive Office of Energy and Environmental Affairs Executive Office of Health and Human Services Executive Office of Labor and Workforce Development Executive Office of Public Safety
Executive Office Massachusetts Department of Transportation and Construction
[Note: These revisions are based on U.S. proposed modifications in GPA/MOD/USA/9, dated 22 November 2010.]
Michigan*
Department of Technology, Management and Budget
[Note: This revision is based on U.S. proposed modifications in GPA/MOD/USA/9, dated 22 November 2010.]
Minnesota
Executive branch agencies
Mississippi
Department of Finance and Administration
For the entity listed for Mississippi, this Agreement does not cover the procurement of services. Missouri
Office of Administration
Division of Purchasing and Materials Management
Montana
Executive branch agencies
For the entities listed for Montana, this Agreement covers only the procurement of services, including construction services.
Nebraska
Central Procurement Agency
New Hampshire*
Central Procurement Agency
New York* State agencies
State university system
Public authorities and public benefit corporations
For the entities listed for New York, this Agreement does not cover:
(a) procurement by public authorities and public benefit corporations with multi-state mandates; or
(b) the procurement of transit cars, buses, or related equipment.
Oklahoma*
Department of Central Services and all state agencies and departments subject to the Oklahoma Central Purchasing Act, including:
For the entities listed for Oklahoma, this Agreement does not cover the procurement of construction services.
Oregon
Department of Administrative Services
Pennsylvania*
Executive branch agencies, including: Governor's Office
Department of the Auditor General Treasury Department
Department of Agriculture Department of Banking Pennsylvania Securities Commission Department of Health
Department of Transportation Insurance Department Department of Aging Department of Correction
Department of Labor and Industry Department of Military Affairs Office of Attorney General Department of General Services Department of Education
Public Utility Commission Department of Revenue Department of State Pennsylvania State Police Department of Public Welfare Fish Commission
Game Commission Department of Commerce Board of Probation and Parole Liquor Control Board
Milk Marketing Board Lieutenant Governor's Office
Department of Community Affairs
Pennsylvania Historical and Museum Commission Pennsylvania Emergency Management Agency State Civil Service Commission
Pennsylvania Public Television Network Department of Environmental Resources State Tax Equalization Board Department of Public Welfare
State Employees' Retirement System Pennsylvania Municipal Retirement Board Public School Employees' Retirement System Pennsylvania Crime Commission
Executive Offices
Rhode Island
Executive branch agencies
For the entities listed for Hawaii, this Agreement does not cover the procurement of boats, automobiles, buses, or related equipment.
South Dakota
Central Procuring Agency Bureau of Administration (including universities and penal institutions) [Note: This revision is based on U.S. proposed modifications in GPA/MOD/USA/9, dated 22 November 2010.]
For the entities listed for South Dakota, this Agreement does not cover the procurement of beef. Tennessee
Executive branch agencies
For the entities listed for Tennessee, this Agreement does not cover the procurement of services, including construction services.
Texas
Comptroller of Public Accounts Texas Building and Procurement Commission
[Note: This revision is based on U.S. proposed modifications in GPA/MOD/USA/9, dated 22 November 2010.]
Utah
Executive branch agencies
Vermont
Executive branch agencies
Washington
Washington State executive branch agencies, including:
General Administration Department of Transportation
State Universities
For the entities listed for Washington, this Agreement does not cover the procurement of fuel, paper products, boats, ships, or vessels.
Wisconsin
Executive branch agencies, including: Administration for Public Instruction Department of Administration Department of Commerce Development
Department of Corrections State Correctional Institutions [Note: These revisions are based on U.S. proposed modifications in GPA/MOD/USA/9, dated 22 November 2010.] Department of Employment Relations
Department of Health and Social Services Department of Justice
Department of Natural Resources Department of Revenue Department of Transportation
Educational Communications Board Insurance Commissioner
Lottery Board Racing Board
State Fair Park Board State Historical Society State University System
Wyoming*
Procurement Services Division Wyoming Department of Transportation University of Wyoming
Notes to Annex 2
1. For those states marked by an asterisk (*), indicating pre-existing restrictions, this Agreement does not cover procurement of construction-grade steel (including requirements on subcontracts), motor vehicles, or coal.
2. The states listed in this Annex may apply preferences or restrictions associated with programs promoting the development of distressed areas or businesses owned by minorities, disabled veterans, or women.
3. Nothing in this Annex shall be construed to prevent any state entity from applying restrictions that promote the general environmental quality in that state, as long as such restrictions are not disguised barriers to international trade.
4. This Agreement does not cover any procurement made by a covered entity on behalf of a non-covered entity at a different level of government.
5. For the states listed in this Annex, this Agreement does not apply to restrictions attached to federal funds for mass transit and highway projects.
6. This Agreement does not cover the procurement of printing services by the entities listed in this Annex.
ANNEX 3
Other Entities
This Agreement applies to the entities listed in this Annex where the value of the procurement is estimated, in accordance with paragraphs 68 through 810 of Article II, to equal or exceed:
(a) for procurement of goods and services:
(i) by List A entities: the SDR equivalent of US$250,000; or
(ii) by List B entities: 400,000 SDRs;
(b) for procurement of construction services: 5 million SDRs
List of Entities:
List A:
1. Tennessee Valley Authority
2. Bonneville Power Administration
3. Western Area Power Administration
4. Southeastern Power Administration
5. Southwestern Power Administration
6. St. Xxxxxxxx Seaway Development Corporation
7. Rural Utilities Service Financing (Note 1) [N.B. The United States will reduce the threshold applied by this entity, provided the other Parties make the same reduction in the thresholds applied by comparable entities.]
List B:
1. Port Authority of New York and New Jersey (Note 2)
2. Port of Baltimore (Note 3)
3. New York Power Authority (Note 4) List C:
1. U.S. Department of Agriculture, Rural Utilities Service, Water and Waste Disposal Programs
(Note 6)
2. U.S. Department of Agriculture, Rural Housing Service, Community Facilities Program
(Note 6)
3. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Efficiency and Conservation Block Grants (Note 6)
4. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, State Energy Program (Note 6)
5. U.S. Department of Housing and Urban Development, Office of Community Planning and Development, Community Development Block Grants Recovery (CDBG-R) (Note 6)
6. U.S. Department of Housing and Urban Development, Office of Public and Indian Housing,
Public Housing Capital Fund (Note 6)
7. U.S. Environmental Protection Agency, Clean Water and Drinking Water State Revolving Funds, for projects funded by reallocated ARRA funds where the contracts are signed after 17 February 2010 (Note 6)
Notes to Annex 3
1. The Rural Utilities Service shall not impose any domestic purchase requirement as a condition of its financing of any power generation or telecommunication project that exceeds the thresholds specified above. The Rural Utilities Service undertakes no other commitments with respect to its financing of power generation and telecommunications projects. [N.B. The United States will cover funding for telecommunications projects, provided that other Parties provide reciprocal access.]
2. Port Authority of New York and New Jersey:
(a) This Agreement does not cover:
(i) procurement of maintenance, repair, and operating materials and supplies (e.g., hardware, tools, lamps/lighting, and plumbing); or
(ii) procurement pursuant to multi-jurisdictional agreement (i.e., for contracts that have initially been awarded by other jurisdictions).
(b) In exceptional cases, the Board of Directors may require the purchase of certain goods produced in the region. This Agreement does not apply to any procurement subject to such a requirement.
3. Port of Baltimore: Procurement covered by this Agreement is subject to the conditions specified for the State of New York in Annex 2.
4. New York Power Authority: Procurement covered by this Agreement is subject to the conditions specified for the State of New York in Annex 2.
5. With respect to procurement by entities listed in this Annex, the Agreement does not apply to restrictions attached to federal funds for airport projects.
6. For the programs listed in List C, entities shall not impose, through 30 September 2011, the domestic purchasing requirement of section 1605(a) of the American Recovery and Reinvestment Act of 2009 (ARRA) as a condition of ARRA financing of those programs with respect to Canadian iron, steel, or manufactured goods in procurement above the threshold for construction applicable to this Annex. The United States undertakes no other commitments with respect to these programs. [N.B. The United States is prepared to amend Note 6 to apply the commitments therein to any other GPA Party’s iron, steel, or manufactured goods, subject to the negotiation of mutually acceptable commitments.]
ANNEX 4
Goods
This Agreement applies to the procurement of all goods procured by the entities listed in Annexes 1 through 3, unless otherwise specified in this Agreement.
ANNEX 5
Services
1. This Agreement applies to the procurement of all services procured by the entities listed in Annexes 1 through 3, unless otherwise specified in this Agreement, including this Annex.
2. This Agreement does not cover the procurement of any of the following services, as elaborated in the Universal List of Services in document MTN.GNS/W/120:
(a) All transportation services, including Launching Services (CPC Categories 71, 72, 73, 74, 8859, 8868).
(b) Services associated with the management and operation of government facilities, or privately owned facilities used for governmental purposes, including federally funded research and development centers (FFRDCs).
(c) Public utilities services, including:
(i) Telecommunications and ADP-related telecommunications services except enhanced (i.e., value-added) telecommunications services (Note 1).
(ii) Wire-based voice telecommunications services connecting to the public- switched network, except for public mobile and public data services offered on a fixed or mobile basis or on a terrestrial or satellite basis (Note 2). N.B.: The United States is reviewing this element of its offer.
(d) Research and Development.
Notes to Annex 5
1. This Agreement covers the procurement of enhanced (i.e. value-added) telecommunications services only by the entities listed in Annex 2 and List B of Annex 3.
2. With respect to the procurement of telecommunications services by the entities listed in Annex 1 and List A of Annex 3 the following notes govern the procurement of telecommunications services:
(a) This Agreement covers the procurement of all telecommunications services other than wire-based voice telecommunications services connecting to the public-switched network. The telecommunications services covered by this Agreement include the following:
(i) public and private (i.e., customized, non-common carrier) mobile services, including the commercial supply of mobile voice, fax, and data services;
(ii) public data services (i.e., services that are offered on a common carrier basis) and private data services (i.e., services that are offered on a non-common carrier basis); and
(iii) information services (i.e., the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications);
(b) A procuring entity may include as a condition for participation that a supplier of another Party may not participate where a foreign government owns or controls, directly or indirectly, more than 25 per cent of the supplier's capital stock; and
(c) For greater certainty, paragraph 1 of Article III applies to the procurements of telecommunications services covered by this Agreement.
3. This Agreement does not cover the procurement of any service in support of military forces located overseas.
ANNEX 6
Construction Services
1. This Agreement covers the procurement of all construction services procured by the entities listed in Annexes 1 through 3, unless otherwise specified in this Agreement, including this Annex, and includes procurement by means of a build-operate-transfer contract, which is defined as a contractual arrangement the primary purpose of which is to provide for the construction or rehabilitation of physical infrastructure, plant, 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.
2. This Agreement does not cover the procurement of dredging services.
ANNEX 7
General Notes
Unless otherwise specified herein, the following General Notes apply without exception to this Agreement, including to Annexes 1 through 6.
1. This Agreement does not apply to any set aside on behalf of a small- or minority-owned business. A set-aside may include any form of preference, such as the exclusive right to provide a good or service, or any price preference.
2. Except as specified otherwise in this Appendix, this Agreement does not apply to non-contractual agreements or any form of government assistance, including cooperative agreements, grants, loans, equity infusions, guarantees, fiscal incentives, and governmental provision of goods and services to persons or governmental authorities not specifically covered under the Annexes to this Agreement.
3. This Agreement does not apply to the acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, and sale and distribution services for government debt.
4. Where a contract to be awarded by an entity is not covered by this Agreement, this Agreement shall not be construed to cover any good or service component of that contract.
5. For goods and services, including construction, of the following countries and suppliers of such goods and services, this Agreement does not apply to procurement by the entities listed in Lists A and B in Annex 3 or the waiver described in List B in Annex 3:
Canada
The United States is prepared to amend this note at such time as coverage with respect to Annex 3 can be resolved with a Party listed above. [N.B. The removal of this Note is contingent upon Canada's offer of its provincial hydro utilities.]
6. For construction services of the Republic of Korea and suppliers of such services, this Agreement applies only to procurement of the entities listed in Annexes 2 and 3 above a threshold of 15 million SDRs. [N.B. The removal of this Note is contingent upon Korea's reduction of its thresholds to the US level.]
7. For goods and services (including construction) of Japan and suppliers of such goods and services, this Agreement does not apply to procurement by the National Aeronautics and Space Administration. [N.B. The removal of this Note is contingent upon Japan's coverage of the Japan Aerospace Exploration Agency.]
8. 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.
9. The United States will not extend the benefits of this Agreement to Japan as regards the award of contracts by entities listed in Annex 3 that are responsible for the generation or distribution of electricity. [N.B. The removal of this Note is contingent upon Japan's coverage of comparable entities.]
10. This Agreement does not apply to the procurement of transportation services that form a part of, or are incidental to, a procurement contract.