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:

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

If you have questions or comments, please e-mail [email protected]


To Top + TOC

Copyright © 1996, General Secretariat, Organization of American States