1. Empresa Portuaria Arica
2. Empresa Portuaria Iquique
3. Empresa Portuaria Antofagasta
4. Empresa Portuaria Coquimbo
5. Empresa Portuaria Valparaíso
6. Empresa Portuaria San Antonio
7. Empresa Portuaria San Vicente-Talcahuano
8. Empresa Portuaria Puerto Montt
9. Empresa Portuaria Chacabuco
10. Empresa Portuaria Austral
11. Aeropuertos de propiedad del Estado, dependientes de la Dirección de Aeronáutica Civil
Annex Kbis-01.1-3
Goods
Schedule of Canada:
Section A - General Provisions
1. All goods are covered subject to paragraph 2.
2. With respect to Canada, for procurement by the Department of National Defence, the Royal Canadian Mounted Police and the Canadian Coast Guard, only the goods listed in Section B are included in the coverage of this Chapter, subject to the application of Article Kbis-16(1).
Section B - List of Certain Goods
(Numbers refer to the Federal Supply Classification.)
22. Railway equipment
23. Motor vehicles, trailers and cycles (except buses in 2310; and, except military trucks and trailers in 2320 and 2330 and tracked combat, assault and tactical vehicles in 2350)
24. Tractors
25. Vehicular equipment components
26. Tires and tubes
29. Engine accessories
30. Mechanical power transmission equipment
32. Woodworking machinery and equipment
34. Metal working machinery
35. Service and trade equipment
36. Special industry machinery
37. Agricultural machinery and equipment
38. Construction, mining, excavating and highway maintenance equipment
39. Materials handling equipment
40. Rope, cable, chain and fittings
41. Refrigeration and air conditioning equipment
42. Fire fighting, rescue and safety equipment (except 4220: Marine lifesaving and diving equipment; and 4230: Decontaminating and impregnating equipment)
43. Pumps and compressors
44. Furnace, steam plant, drying equipment and nuclear reactors
45. Plumbing, heating and sanitation equipment
46. Water purification and sewage treatment equipment
47. Pipe, tubing, hose and fittings
48. Valves
49. Maintenance and repair shop equipment
52. Measuring tools
53. Hardware and abrasives
54. Prefabricated structures and scaffolding
55. Lumber, millwork, plywood and veneer
56. Construction and building materials
61. Electric wire and power and distribution equipment
62. Lighting fixtures and lamps
63. Alarm and signal systems
65. Medical, dental and veterinary equipment and supplies
66. Instruments and laboratory equipment (except 6615: Automatic pilot mechanisms and airborne Gyro components; and 6665: Hazard detecting instruments and apparatus)
67. Photographic equipment
68. Chemicals and chemical products
69. Training aids and devices
70. General purpose automatic data processing equipment, software, supplies and support equipment (except 7010: Automatic Data Processing Equipment (ADPE) configurations)
71. Furniture
72. Household and commercial furnishings and appliances
73. Food preparation and serving equipment
74. Office machines, text processing system and visible record equipment
75. Office supplies and devices
76. Books, maps and other publications (except 7650: drawings and specifications)
77. Musical instruments, phonographs and hometype radios
78. Recreational and athletic equipment
79. Cleaning equipment and supplies
80. Brushes, paints, sealers and adhesives
81. Containers, packaging and packing supplies
85. Toiletries
87. Agricultural supplies
88. Live animals
91. Fuels, lubricants, oils and waxes
93. Nonmetallic fabricated materials
94. Nonmetallic crude materials
96. Ores, minerals and their primary products
99. Miscellaneous
Note to Annex Kbis-01.1-3
The General Notes apply to this Annex.
Schedule of Chile:
This Chapter applies to all goods procured by the entities listed in Annex Kbis-01.1-1 and Annex Kbis-01.1-2.
Annex Kbis-01.1-4
Services
Schedule of Canada:
Section A - General Provisions
1. Coverage includes all services that are procured by the entities in Annex Kbis-01.1-1 and Annex Kbis-01.1-2, subject to paragraph 3 and Section B.
2. Services are identified in accordance with the Common Classification System.
3. Annex Kbis-01.1-5 applies to contracts for construction services.
Section B - Excluded Coverage
Services Exclusions by Major Service Category
PART 1 - Annex Kbis-01.1-1 and Annex Kbis-01.1-2
The following services are excluded for entities listed in Annex Kbis-01.1-1 and Annex Kbis-01.1-2:
A. Research and Development
All classes
B. Special Studies and Analysis - not R&D
B002 Animal and Fisheries Studies
B003 Grazing and Range Studies
B400 Aeronautic/Space Studies
B503 Medical and Health Studies
B507 Legal Studies (Except Advisory Services on Foreign Law)
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.” Enhanced or value added services means those telecommunications services employing computer processing applications that:
a. act on the format, content, code, protocol or similar aspects of a customer’s transmitted information;
b. provide a customer with additional, different or restructured information, or
c. involve customer interaction with stored information.
For 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. This provision only extends to providers of enhanced or value-added services whose underlying telecommunications transmission facilities are leased from providers of public telecommunications transport networks.
D305 ADP Teleprocessing and Timesharing 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
F011 Pesticides/Insecticides Support Services (except forestry and logging)
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 and functions listed in Annex Kbis-01.1-6 – General Notes, Note 1 (e) to this schedule 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 and functions listed in Annex Kbis-01.1-6 – General Notes, Note 1 (e) to this schedule 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 National Defence
The Department of Transport
The Department of Natural 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 Services1
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)
R114 Logistics Support Services2
R116 Court Reporting Services
R117 Paper Shredding Services
R201 Civilian Personnel Recruitment (inc. Services of Employment Agencies)
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 V502 Hotel and similar accommodation services only and V503 Travel Agent Services (not including Tour Guides))
W. Lease or Rental of Equipment
Services for the departments and functions listed in Annex Kbis-01.1-6 – General Notes, Note 1 (e) to this schedule 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
PART 2 - Annex Kbis-01.1-2
The following services are excluded for entities listed in Annex Kbis-01.1-2 only:
D. Information Processing and Related Telecommunications 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
F007 Seedling Production/Transplanting Services
F010 Other Range/Forest Improvements Services
R. Professional, Administrative and Management Support Services
R113 Data Collection Services
V. Transportation, Travel and Relocation Services
V502 Hotel and similar accommodation services only
Notes to Annex Kbis-01.1-4
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 Kbis-01.1-3), 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 General Notes apply to this Annex.
Schedule of Chile
This Chapter applies to all services procured by the entities listed in Annex Kbis-01.1-1 and Annex Kbis-01.1-2, except the following:
Financial Services
All classes
Annex Kbis-01.1-5
Construction Services
Schedule of Canada:
Section A - General Provisions
1. Coverage includes all construction services set out in the Common Classification System, except those listed in Section B, that are procured by the entities listed in Annex Kbis-01.1-1 and Annex Kbis-01.1-2.
2. The Common Classification System.
Section B - Excluded Coverage
Services Exclusions by Major Service Category
The following services contracts are excluded:
1. Dredging
2. Construction contracts tendered by or on behalf of the Department of Transport
3. For CPC 5115 mining of oil and gas which is classified under CCS F042
Note to Annex Kbis-01.1-5
The General Notes apply to this Annex.
Schedule of Chile:
This Chapter applies to all construction services procured by the entities listed in Annex Kbis-01.1-1 and Annex Kbis-01.1-2.
Annex Kbis-01.1-6
General Notes
Schedule of Canada:
1. This Chapter does not apply to procurements in respect of:
a. shipbuilding and repair;
b. urban rail and urban transportation equipment, systems, components and materials incorporated therein as well as all project related materials of iron or steel;
c. contracts respecting FSC 58 (communications, detection and coherent radiation equipment);
d. set-asides for small and minority businesses;
e.
i. the Department of Transport;
ii. the Department of Fisheries and Oceans;
iii. the Canadian Food Inspection Agency in respect of the administration and enforcement of the Fish Inspection Act;
iv. the Department of Canadian Heritage in respect of those functions that were formerly the responsibility of the Department of Communications;
v. the Department of Industry in respect of telecommunications, except in relation to (a) the planning and coordination of telecommunication services for departments, boards and agencies of the Government of Canada, and (b) broadcasting, other than in relation to spectrum management and the technical aspects of broadcasting; and
vi. the Department of Public Works and Government Services in respect of the Government Telecommunications Agency;
respecting Federal Supply Classification (FSC) 70 - (automatic data processing equipment, software supplies and support equipment), FSC 74 - (office machines, text processing systems and visible record equipment) and FSC 36 - (special industry machinery);
f. and agricultural products made in furtherance of agricultural support programs or human feeding programs.
2. This Chapter does not apply to the procurement of transportation services that form a part of, or are incidental to, a procurement contract.
3. Pursuant to Article Kbis-16, national security exceptions include oil purchases related to any strategic reserve requirements.
4. National security exceptions include procurements made in support of safeguarding nuclear materials or technology.
5. The procurement process is the process that begins after an entity has decided on its requirement and continues through to and including contract award.
Schedule of Chile:
This Chapter does not apply to procurements in respect of financial services.
Annex Kbis-01.1-7
Threshold Adjustment Formulas
1. The thresholds referred to in Annexes Kbis-01.1-1, Kbis-01.1-2 and Kbis-01.1-8, except the threshold for construction services in Annex Kbis-01.1-1, shall be adjusted in accordance with Annex 1001.1c of the North American Free Trade Agreement.
2. The threshold for construction services in Annex Kbis-01.1-1 shall be adjusted;
a. for Canada, in accordance with the formula in the World Trade Organization Agreement on Government Procurement, GPA/1, Annex 3; and
b. for Chile, in accordance with the formula in Chapter 9, Section G, paragraph 3 of the U.S.-Chile Free Trade Agreement.
3. The Parties agree that the thresholds shall be fixed for two calendar years and the first threshold adjustment will take place effective 1 January, 2008.
4. Where a major change in a national currency of either Party during a year were to create a significant problem with regard to the application of the Chapter, the Parties shall consult as to whether an interim adjustment is appropriate.
5. In the event that:
a. Canada withdraws from the North American Free Trade Agreement pursuant to Article 2205 of that Agreement, or the World Trade Organization Agreement on Government Procurement pursuant to Article XXIV of that Agreement; or
b. Chile withdraws from the U.S.-Chile Free Trade Agreement pursuant to Article 24.4 of that Agreement; or
c. the North American Free Trade Agreement, or the World Trade Organization Agreement on Government Procurement, or the U.S.-Chile Free Trade Agreement are terminated; or
d. a threshold adjustment formula referenced in paragraphs 1 or 2 is altered;
the Committee on Procurement shall agree on a suitable alternate threshold adjustment formula.
6. The Committee shall recommend to the Commission any modification of, or addition to Annex Kbis-01.1-7.
Annex Kbis-01.1-8
Extended Transparency Commitments
The provisions of Article Kbis-03; Article Kbis-04; the first sentence of Article Kbis-05(1); Article Kbis-06(1) and (3); Article Kbis-08(1), (2)(b), and (5); Article Kbis-10(1) and (2); Article Kbis-15 and Article Kbis-16 apply where:
a. the entity uses an open tendering process; and
b. the procurement is for goods, services and construction services in excess of CDN $124,000 for Canada and CLP 54,902,025 for Chile, for entities listed in Annex Kbis-01.1-1 and is otherwise excluded by Annexes Kbis-01.1-3 (Goods), Kbis-01.1-4 (Services), and Kbis-01.1-5 (Construction Services).
1. with reference to transportation systems
2. with respect to transportation and defence
