OAS

 

North American Free Trade Agreement

Chapter Ten: Government Procurement

Annex 1001.1b-2: Services

Section A - General Provisions

1. This Chapter applies to all services that are procured by the entities listed in Annex 1001.1a-1 and Annex 1001.1a-2, subject to:

    (a) paragraph 3 and Section B; and

    (b) Appendix 1001.1b-2-A, for the Parties specified in that Appendix.

2. Appendix 1001.1b-2-B sets out the Common Classification System for the services procured by the entities of the Parties. The Parties shall use this System for reporting purposes and shall update Appendix 1001.1b-2-B at such times as they mutually agree.

3. Annex 1001.1b-3 applies to contracts for construction services.

Section B - Excluded Coverage

Schedule of Canada

Services Exclusions by Major Service Category

The following service contracts are excluded:

A. Research and Development

All Classes

B. Special Studies and Analysis - not R&D

B002   Animal and fisheries studies
B003   Grazing and Range Studies
B507   Legal studies (Except Advisory Services on Foreign Law)
B503   Medical and health studies
B400   Aeronautic/Space Studies

C. Architecture and Engineering Services

C112   Airfield, Communication and Missile Facilities
C216   Marine architect and engineering services

D. Information Processing and Related Telecommunications Services

D304 
ADP Telecommunications and Transmission Services, except those classified as "enhanced or value-added services" as defined in Article 1310 and that are expressly excluded from the reservations set out in Annex II, Schedule of Canada, II-C-3 or II-C-5. For the purposes of this provision, the procurement of "ADP Telecommunications and Transmission services" does not include the ownership or furnishing of facilities for the transmission of voice or data services.
D305 
ADP Teleprocessing and timesharing services
D309 
Information and Data Broadcasting or Data Distribution Services
D316 
Telecommunications Network Management Services
D317 
Automated News Service, Data Services, or Other Information Services. Buying data, the electronic equivalent of books, periodicals, newspapers, etc.
D399 
Other ADP and Telecommunications Services

F. Natural Resources and Conservation Services

F004  Land Treatment Practices Services (plowing/clearing, etc).
F005  Range Seeding Services (ground equipment)
F006  Crop services inc. Seed Collection/Production Services
F007  Seedling Production/Transplanting Services
F011  Pesticides/Insecticides Support services
F010  Other Range/Forest Improvements services
F021  Veterinary/Animal Care services (inc. Livestock services)
F029  Other Animal Care /Control services
F030  Fisheries Resources Management Services
F031  Fish Hatchery Services
F050  Recreation Site Maintenance services (non-construction)
F059  Other natural resource and conservation services

G. Health and Social Services

All classes

H. Quality Control, Testing and Inspection and Technical Representative Services

Services for the Departments of Transport, Communications and Fisheries and Oceans respecting FSC 36 - (Special Industry Machinery), FSC 70 - (Automatic Data Processing Equipment, software supplies and support equipment) and FSC 74 (Office machines, text processing systems and visible record equipment).

FSC 58 (Communications, Detection, and Coherent Radiation Equipment)

Services with reference to transportation equipment.

J. Maintenance, Repair, Modification, Rebuilding and Installation of Equipment

Services for the Departments of Transport, Communications and Fisheries and Oceans respecting FSC 36 - (Special Industry Machinery), FSC 70 - (Automatic Data Processing Equipment, software supplies and support equipment) and FSC 74 (Office machines, text processing systems and visible record equipment).

FSC 58 (Communications, Detection, and Coherent Radiation Equipment)

Services with reference to transportation equipment.

J019 Maintenance, Repair, Modification, Rebuilding and Installation of Equipment related to Ships

J998 Non-nuclear Ship Repair

K. Custodial Operations and Related Services

K0       Personal care services
K105  Guard Services
K109  Surveillance services
K115  Preparation and Disposal of Excess and surplus property

L. Financial and Related Services

All classes

M. Operation of Government Owned Facilities

All facilities operated by:

The Department of Defence
The Department of Transport
The Department of Energy, Mines and Resources and for all Departments: M180 and M140

R. Professional, Administrative and Management Support Services

R003  Legal services (Except Advisory Services on Foreign Law)
R004  Certifications and accreditations for products and institutions other than Educational Institutions
R007  Systems Engineering Services 1/
R012  Patent and Trade Mark Services
R101  Expert Witness
R102  Weather Reporting/Observation services
R104  Transcription services
R106  Post Office services
R109  Translation and Interpreting services (inc. sign language)
R113  Data Collection services
R114  Logistics Support Services 2/
R116  Court Reporting Services
R117  Paper Shredding Services
R201  Civilian Personnel Recruitment (inc. Services of Employment Agencies)

1/ with reference to transportation systems
2/ with respect to transportation and defence

S. Utilities

All classes

T. Communications, Photographic, Mapping, Printing and Publications Services

All classes

U. Education and Training Services

U010 Certifications and accreditations for Educational Institutions

V. Transportation, Travel and Relocation Services

All classes (except V503 Travel Agent Services [not including Tour Guides.])

W. Lease or Rental of Equipment

Services for the Departments of Transport, Communications and Fisheries and Oceans respecting FSC 36 - (Special Industry Machinery), FSC 70 - (Automatic Data Processing Equipment, software supplies and support equipment) and FSC 74 (Office machines, text processing systems and visible record equipment).

FSC 58 (Communications, Detection, and Coherent Radiation Equipment)

Services with reference to transportation equipment.

Notes:

1. All services, with reference to those goods purchased by the Department of National Defence, the Royal Canadian Mounted Police and the Canadian Coast Guard which are not identified as subject to coverage by this chapter (Annex 1001.1b-1), will be exempt from the disciplines of the Chapter.

2. All services purchased in support of military forces located overseas will be exempt from coverage by this chapter.

3. The Schedules of Canada as identified in Annex 1001.2b and Annex 1001.1b -3 will apply.

4. In the absence of agreed definitions for service classes under the proposed NAFTA classification system, and until such time as they are mutually agreed, Canada will continue to apply appropriate CPC definitions to identify classes which it considers exempt.

Schedule of Mexico

The following service contracts are excluded:

(Based on the United Nations Central Product Classification (CPC))

1. All transportation services, including:

CPCCPC 
GroupClass 
71 Land transportation
72 Water transport
73  Air transport
74  Supporting and auxiliary transport
75 Post and telecommunication
 8868Repair services of other transport equipment, on a fee or contract basis

2. Public utilities services (including telecommunications, transmission, water or energy services)

3. Management and operation contracts awarded to federally-funded research and development centers or related to carrying out government sponsored research programs

4. Financial services

5. Research and development services

Schedule of the United States

Service Exclusions by Major Service Category

A. Research and Development

All classes

D. Information Processing and Related Telecommunications Services

D304ADP Telecommunications and Transmission Services, except for those services classified as "enhanced or value-added services," as defined in Article 1310 and that are expressly excluded from the reservation set out in Annex II, Schedule of the United States, II-U-3. For the purposes of this provision, the procurement of "ADP Telecommunications and Transmission services" does not include the ownership or furnishing of facilities for the transmission of voice or data services.
D305ADP Teleprocessing and Timesharing Services
D316Telecommunications Network Management Services
D317Automated News Services, Data Services or Other Information Services
D399Other ADP and Telecommunications Services

J. Maintenance, Repair, Modification, Rebuilding and Installation of Equipment

J019   Maintenance, Repair, Modification, Rebuilding and Installation of Equipment Related to Ships
J998   Non-nuclear Ship Repair

M. Operation of Government-Owned Facilities

All facilities operated by the Department of Defense, Department of Energy and the National Aeronautics and Space Administration; and for all entities:

M180 Research and Development

S. Utilities

All Classes

V. Transportation, Travel and Relocation Services

All Classes except V503 Travel Agent Services

Notes:

1. All services purchased in support of military forces overseas will be excluded from coverage by this Chapter.

2. For service suppliers of Canada, this Chapter will apply to procurements by the authorities and the power administrations listed as items 1 through 6 in the U.S. Schedule in Annex 1001.1a-2 (Government Enterprises) and to procurements by the Bureau of Reclamation of the Department of Interior only at such time as this Chapter applies to the procurements by the Canadian provincial, not including local, hydro utilities.

Appendix 1001.1b-2-A: Temporary Schedule of Services for Mexico

1. Until Mexico has completed its Schedule to Section B of Annex 1001.1b-2, pursuant to paragraph 2, this Chapter applies only in respect of the services set out in the Temporary Schedule.

2. Mexico shall develop and, after consultations with the other Parties, complete its list of services set out in its Schedule to Section B of Annex 1001.1b-2 no later than July 1, 1995.

3. When Mexico completes its list pursuant to paragraph 2, each Party may, after consultation with the other Parties, review and revise its Schedule to Section B to Annex 1001.1b-2.

Temporary Schedule

Based on the United Nations Central Product Classification (CPC)

CPCProfessional Services
863Taxation services (excluding legal services)
 Architectural services
 86711 Advisory and pre-design architectural services
 86712 Architectural design services
 86713 Contract administration services
 86714 Combined architectural design and contract administration services
 86719 Other architectural services
 Engineering services
 86721 Advisory and consultative engineering services
 86722 Engineering design services for foundations and building structures
 86723 Engineering design services for mechanical and electrical installations for buildings
 86724 Engineering design services for civil engineering construction
 86725 Engineering design for industrial processes and production
 86726 Engineering design services n.e.c.
 86727 Other engineering services during the construction and installation phase
 86729 Other engineering services
 Integrated engineering services
 86731 Integrated engineering services for transportation, infrastructure turnkey projects
 86732 Integrated engineering and project management services for water supply and sanitation works turnkey projects
 86733 Integrated engineering services for the construction of manufacturing turnkey projects
 86739 Integrated engineering services for other turnkey projects
 8674 Urban planning and landscape architectural services

Computer and Related Services
841Consultancy services related to the installation of computer hardware
842Software implementation services, including systems and software consulting services, systems analysis, design, programming and maintenance services
843Data processing services, including processing, tabulation and facilities management services
844Data base services
845Maintenance and repair services of office machinery and equipment including computers
849Other computer services
Real Estate Services
821Real estate services involving own or leased property
822Real estate services on a fee or contract basis
Rental/Leasing Services without Operators
831Leasing or rental services concerning machinery and equipment without operator, including computers
832Leasing or rental services concerning personal and household goods (excluding in 83201, the rental of prerecorded records, sound cassettes, CD's and excluding 83202, rental services concerning video tapes)
Other Business Services
 Management consulting services
86501General management consulting services
86503Marketing management consulting services
86504Human resources management consulting services
86505Production management consulting services
86509Other management consulting services, including agrology, agronomy, farm management and related consulting services
8676Technical testing and analysis services including quality control and inspection
8814Services incidental to forestry and logging, including forest management
883Services incidental to mining, including, drilling and field services Related scientific and technical consulting services
86751Geological, geophysical and other scientific prospecting services, including those related to mining
86752Subsurface surveying services
86753Surface surveying services
86754Map making services
8861
through
8866
Repair services incidental to metal products, to machinery and equipment including computers, 8866 and communications equipment
874Building-cleaning
876Packaging services
Environmental Services
940Sewage and refuse disposal, sanitation and other environmental protection services, including sewage services, nature and landscape protection services and other environmental protection services n.e.c.
Hotels and restaurants (including catering)
641Hotel and other lodging services
642Food services
643Beverage serving services
Travel agency and tour operators services
7471Travel agency and tour operator services

Continue on to Annex 1001.1b-2-B: Common Classification System