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.
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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:
CPC | CPC | |
Group | Class | |
71 | | Land transportation |
72 | | Water transport |
73 | | Air transport |
74 | | Supporting and auxiliary transport |
75 | | Post and telecommunication |
| 8868 | Repair 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
D304 | ADP 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. |
D305 | ADP Teleprocessing and Timesharing Services |
D316 | Telecommunications Network Management Services |
D317 | Automated News Services, Data Services or Other Information Services |
D399 | Other 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)
CPC | Professional Services |
863 | Taxation 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 |
841 | Consultancy services related to the installation of computer hardware |
842 | Software implementation services, including systems and software
consulting services, systems analysis, design, programming and
maintenance services |
843 | Data processing services, including processing, tabulation and
facilities management services |
844 | Data base services |
845 | Maintenance and repair services of office machinery and equipment
including computers |
849 | Other computer services |
Real Estate Services |
821 | Real estate services involving own or leased property |
822 | Real estate services on a fee or contract basis |
Rental/Leasing Services without Operators |
831 | Leasing or rental services concerning machinery and equipment without
operator, including computers |
832 | Leasing 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 |
86501 | General management consulting services |
86503 | Marketing management consulting services |
86504 | Human resources management consulting services |
86505 | Production management consulting services |
86509 | Other management consulting services, including agrology,
agronomy, farm management and related consulting services |
8676 | Technical testing and analysis services including quality control
and inspection |
8814 | Services incidental to forestry and logging, including forest management
| 883 | Services incidental to mining, including, drilling and field services
Related scientific and technical consulting services |
86751 | Geological, geophysical and other scientific prospecting services,
including those related to mining |
86752 | Subsurface surveying services |
86753 | Surface surveying services |
86754 | Map making services |
8861
through
8866 | Repair services incidental to metal products, to machinery and
equipment including computers, 8866 and communications equipment |
874 | Building-cleaning |
876 | Packaging services |
Environmental Services |
940 | Sewage 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) |
641 | Hotel and other lodging services |
642 | Food services |
643 | Beverage serving services |
Travel agency and tour operators services |
7471 | Travel agency and tour operator services |
Continue on to Annex 1001.1b-2-B: Common Classification System
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