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(f) a Party may limit the period within which a supplier may initiate a bid challenge, but in no case shall the period be less than 10 working days from the time when the basis of the complaint became known, or reasonably should have become known, to the supplier; (g) each Party shall establish or designate a reviewing authority with no substantial interest in the outcome of procurements to receive bid challenges and make findings and recommendations concerning them; (h) upon receipt of a bid challenge, the reviewing authority shall expeditiously investigate the challenge, and may be required to limit its considerations to the challenge itself; (i) in investigating the challenge, the reviewing authority may delay the awarding of the proposed contract pending resolution of the challenge, except in cases of urgency or where such a delay would be contrary to the public interest; (j) the reviewing authority shall issue a recommendation to resolve the challenge, which may include directing the entity to reevaluate offers, terminate or re-compete the contract in question; (k) entities normally shall follow the recommendations of the ì reviewing authority; (l) each Party should authorize its reviewing authority, following the conclusion of a bid challenge, to make additional recommendations in writing to an entity respecting any facet of the entity's procurement process that is identified as problematic during the investigation of the challenge, including recommendations for changes in the procurement procedures of the entity to bring them into conformity with the obligations of this Chapter; (m) the reviewing authority shall provide its findings and recommendations respecting bid challenges in writing and in a timely manner, and shall make them available to the Parties and all interested persons; (n) each Party shall specify in writing and shall make generally available all its bid challenge procedures; and (o) each Party shall ensure that each of its entities maintains complete documentation concerning each of its procurements, including a written record of all communications substantially affecting each procurement, for at least three years from the date the contract was awarded, to allow verification that the procurement process was carried out in accordance with the obligations of this Chapter. 2. A Party may require that a bid challenge be initiated only after the notice of procurement has been published or, where a notice is not published, after tender documentation has been made available. If a Party imposes such a requirement, the 10 working day period described in paragraph 1(f) shall begin not earlier than the date that the notice is published or the tender documentation is made available. ≡Bα= è Article 1018: Exceptions 1. Notwithstanding Article 2102 (National Security), for purposes of this Chapter nothing shall be construed to prevent a Party from taking any action or not disclosing any information which it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defense purposes. 2. Provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail or a disguised restriction on trade between the Parties, nothing in this Chapter shall be construed to prevent any Party from adopting or maintaining measures: (a) necessary to protect public morals, order or safety; (b) necessary to protect human, animal or plant life or health; (c) necessary to protect intellectual property; or (d) relating to goods or services of handicapped persons, of philanthropic institutions or of prison labor. Article 1019: Provision of Information ì 1. Each Party shall promptly publish any law, regulation, precedential judicial decision, administrative ruling of general application and any procedure, including standard contract clauses, regarding government procurement covered by this Chapter in the appropriate publications listed in Annex 1010.1 (Publications). 2. Each Party shall: (a) be prepared, upon request, to explain to any other Party its government procurement procedures; and (b) ensure that its entities, upon request from a supplier, promptly explain their procurement practices and procedures. 3. A Party may seek such additional information on the award of the contract as may be necessary to determine whether the procurement was made fairly and impartially, in particular with respect to unsuccessful tenders and further to Article 1015(6) (Submission, Receipt and Opening of Tenders and Awarding Contracts). To this end, the Party of the procuring entity shall provide information on both the characteristics and relative advantages of the winning tender and the contract price. In cases where release of this information would prejudice competition in future tenders, the information shall not be released except after consultation with and agreement of the Party which gave the information to the requesting Party. 4. Each Party shall provide, upon request, to any other Party, information available to that Party and its entities concerning covered procurement of its entities and the individual contracts awarded by its entities. ≡Bα= è5. No Party shall disclose confidential information the disclosure of which would prejudice the legitimate commercial interests of a particular person or might prejudice fair competition between suppliers, without the formal authorization of the person that provided the information to that Party. 6. Nothing in this Chapter shall be construed as requiring any Party to disclose confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest. 7. With a view to ensuring effective monitoring of procurement covered by this Chapter, each Party shall collect statistics and provide to the other Parties each year an annual report in accordance with the following reporting requirements, unless the Parties unanimously agree to modify such requirements: (a) statistics on the estimated value of all contracts awarded, both above and below the applicable threshold values, broken down by entities; (b) statistics on the number and total value of contracts covered by this Chapter above the applicable threshold values, broken down by entities, categories of goods or services according to uniform classification systems to be determined by the Parties, and country of origin of the contract; (c) statistics, broken down by entities, and by categories of goods or services, on the number and total value of contracts awarded under each use of the procedures described in Article 1016 (Limited Tendering), and country of origin of the contract; and ì (d) statistics, broken down by entities, on the number and total value of contracts awarded under derogations to the Chapter listed in the appropriate annexes. 8. With respect to the reports described in paragraph 7 that pertain to entities listed in Annex 1002.2 (State and Provincial Government Entities), each Party may organize such reports by state or province. 9. Each Party shall give favorable consideration, where appropriate, to a request from any other Party for the exchange of additional information on a reciprocal basis. 10. The Parties shall undertake and complete by the date of entry into force of this Agreement further technical work to make available the complete goods and services classification list to be used by their entities in procuring goods and services under this Chapter and develop concordances between each of these systems, and, if necessary, the agreed uniform system. Article 1020: Technical Cooperation 1. The Parties shall cooperate, on mutually agreed terms, to increase understanding of their respective government procurement systems, with a view to maximizing access to government procurement opportunities for the suppliers of all Parties. 2. Each Party shall provide to the other Parties and to the suppliers of such Parties, on a cost recovery basis, information concerning training and orientation programs regarding its ≡Bα= ègovernment procurement system, and access on a non-discriminatory basis to such programs as it conducts. 3. The training and orientation programs referred to in paragraph 2 include: (a) training of personnel directly involved in government procurement procedures; (b) training of suppliers interested in pursuing government procurement opportunities; (c) explanation and description of specific elements of each Party's government procurement system, such as the bid challenge mechanism; and (d) information about government procurement market opportunities. 4. Each Party shall establish at least one contact point to provide the information regarding the training and orientation programs pertaining to its government procurement system. Article 1021: Joint Programs for Small Business 1. The Parties shall establish, within 12 months after the date of entry into force of this Agreement, the Committee on Small Business comprising representatives of the Parties. The Committee shall meet as mutually agreed, but no less than once a year, and shall report annually to the Commission on the efforts of the Parties to promote government procurement opportunities for their small businesses. 2. The Committee shall work to facilitate the following ì activities of the Parties: (a) identification of available opportunities for the training of small business personnel in their government procurement procedures; (b) identification of small businesses interested in becoming trading partners of small businesses in the territory of any other Party; (c) development of data bases of small businesses in the territory of each Party for use by entities of any other Party wishing to procure from small businesses; (d) consultations regarding the factors that each Party uses in establishing its criteria for eligibility for small business programs, if any; and (e) actions to address any related matter. Article 1022: Rectifications or Modifications 1. A Party may make modifications to its coverage under this Chapter only in exceptional circumstances. 2. Where a Party makes modifications to its coverage under this Chapter, the Party shall: (a) notify the other Parties and its Section of the ≡Bα= è Secretariat of the modification; (b) reflect the change in its schedule of the appropriate Annex; and (c) propose to the other Parties appropriate compensatory adjustments to its coverage in order to maintain a comparable level of coverage as existed prior to the modification. The other Parties shall consider whether any proposed adjustment made pursuant to subparagraph (c) is adequate to maintain a comparable level of the mutually agreed coverage under this Chapter. Where any Party does not agree that the proposed adjustment is sufficient, it may have recourse to dispute settlement procedures under Chapter Twenty (Institutional Arrangements and Dispute Settlement Procedures). 3. Notwithstanding paragraphs 1 and 2, a Party may make rectifications of a purely formal nature and minor amendments to its Annexes 1002.1 through 1002.7, provided that it notifies such rectifications to the other Parties and its Section of the Secretariat, and any other Party does not object to such proposed rectification within 30 days. In such cases, subparagraph 2(c) shall not apply. If a Party does object that the proposed rectification would result in a substantive change in the balance of coverage under this Chapter, it may have recourse to dispute settlement procedures under Chapter Twenty (Institutional Arrangements and Dispute Settlement Procedures). 4. Notwithstanding any other provision of this Chapter, a Party may undertake legitimate reorganizations of its government procurement entities covered by this Chapter, including programs through which the procurement of such entities is decentralized or the corresponding government functions cease to be performed by any government entity, whether or not subject to this Chapter. In such cases, subparagraph 2(c) shall not apply. No Party shall undertake ì such reorganizations or programs to avoid the obligations of this Chapter. If a Party objects to the withdrawal on the grounds that the functions continue to be performed by a government entity, that Party may have recourse to dispute settlement procedures under Chapter Twenty (Institutional Arrangements and Dispute Settlement Procedures). Article 1023: Divestiture of Entities 1. Nothing in this Chapter shall be construed to prevent a Party from divesting an entity subject to the obligations of this Chapter. 2. If, upon the public offering of shares of an entity listed in Annex 1002.3 (Government Enterprises), or through other methods, such entity is no longer subject to federal government control, the respective Party may delete the entity from Annex 1002.3 (Government Enterprises), and withdraw the entity from the obligations of the Chapter, upon notification to the other Parties. 3. If a Party objects to the withdrawal on the grounds that the entity remains subject to federal government control, that Party may have recourse to dispute settlement procedures under Chapter Twenty (Institutional Arrangements and Dispute Settlement Procedures). Article 1024: Further Negotiations ≡Bα= è 1. The Parties shall commence further negotiations no later than December 31, 1998, with a view towards the substantial liberalization of their respective procurement markets. The Parties recognize that such liberalization would ensure more competitive opportunities for all suppliers of the Parties in their respective procurement markets. 2. The Parties will review all features of government procurement practices for the purposes of: (a) assessing the workings of the procurement system; (b) seeking to expand the coverage of this Chapter; (c) including within the obligations of this Chapter (i) government enterprises, and (ii) legislated and administrative exceptions; and (d) reviewing thresholds. 3. Prior to the review specified in paragraph 2, the Parties will endeavor to consult with their state and provincial governments with a view to obtaining commitments, on a voluntary and reciprocal basis, to include within the obligations of this Chapter procurement by state and provincial government entities and enterprises. 4. If the negotiations pursuant to Article 96B of the GATT Agreement on Government Procurement (the Code) are completed prior to the new review specified in paragraph 2, the Parties shall: (a) immediately begin consultations with their state and provincial governments with a view to obtaining commitments, on a voluntary and reciprocal basis, to include within the obligations of this Chapter procurement by state and provincial government entities ì and enterprises; and (b) increase the obligations and coverage of this Chapter to a level at least commensurate with that of the Code. 5. The Parties shall undertake further negotiations no later than December 31, 1998, on the subject of electronic transmission of tender information with a view to exploring the feasibility of amending this Chapter to permit electronic transmission as an additional or alternate means of publication. Article 1025: Definitions For purposes of this Chapter: construction services contract means a contract which has as its objective the realization by whatever means of civil or building works, as specified in the Appendix of Annex 1002.5 (Construction Services); entity means an entity listed in Annexes 1002.1 (Federal Government Entities), Annex 1002.2 (State and Provincial Government Entities) or Annex 1002.3 (Government Enterprises) to this Chapter; offsets means conditions imposed or considered by an entity prior ≡Bα= èto or in the course of its procurement process that encourage local development or improve its Party's balance of payments accounts, and can involve requirements of local content, licensing of technology, investment, counter-trade or similar requirements. services includes construction services contracts, unless otherwise specified; supplier means a person that has provided or could provide goods or services in response to an entity's call for tender; and tendering procedures means: (a) open tendering procedures, being those procedures under which all interested suppliers may submit a tender; (b) selective tendering procedures, being those procedures under which, consistent with Article 1011 (3) (Selective Tendering Procedures), those suppliers invited to do so by an entity may submit a tender; and (c) limited tendering procedures, being those procedures where an entity contacts suppliers individually, only in the circumstances and under the conditions specified in Article 1016 (Limited Tendering). ANNEX 1002.1 Federal Government Entities Schedule of Canada 1. Department of Agriculture 2. Department of Communications 3. Department of Consumer and Corporate Affairs 4. Department of Employment and Immigration 5. Immigration and Refugee Board 6. Canada Employment and Immigration Commission 7. Department of Energy, Mines and Resources 8. Atomic Energy Control Board 9. National Energy Board ì 10. Department of the Environment 11. Department of External Affairs 12. Canadian International Development Agency (on its own account) 13. Department of Finance 14. Office of the Superintendent of Financial Institutions 15. Canadian International Trade Tribunal 16. Municipal Development and Loan Board 17. Department of Fisheries and Oceans 18. Department of Forestry 19. Department of Indian Affairs and Northern Development 20. Department of Industry, Science and Technology 21. Science Council of Canada 22. National Research Council of Canada 23. Natural Sciences and Engineering Research Council of Canada 24. Department of Justice 25. Canadian Human Rights Commission 26. Statute Revision Commission 27. Supreme Court of Canada 28. Department of Labour 29. Canada Labour Relations Board 30. Department of National Health and Welfare 31. Medical Research Council 32. Department of National Revenue 33. Department of Public Works ≡Bα= è34. Department of Secretary of State of Canada 35. Social Sciences and Humanities Research Council 36. Office of the Co-ordinator, Status of Women 37. Public Service Commission 38. Department of the Solicitor General 39. Correctional Service of Canada 40. National Parole Board 41. Department of Supply and Services (on its own account) 42. Canadian General Standards Board 43. Department of Transport (Pursuant to Article 1018 the national security considerations applicable to the Department of National Defence are equally applicable to the Canadian Coast Guard.) 44. Secretariat and the Office of the Controller General 45. Department of Veterans Affairs 46. Veterans Land Administration 47. Department of Western Economic Diversification 48. Atlantic Canada Opportunities Agency 49. Auditor General of Canada 50. Federal Office of Regional Development (Quebec) 51. Canadian Centre for Management Development 52. Canadian Radio-television and Telecommunications Commission 53. Canadian Sentencing Commission 54. Civil Aviation Tribunal 55. Commission of Inquiry into the Air Ontario Crash at Dryden, Ontario 56. Commission of Inquiry into the Use of Drugs and Banned Practices Intended to Increase Athletic Performance 57. Commissioner for Federal Judicial Affairs 58. Competition Tribunal Registry 59. Copyright Board 60. Emergency Preparedness Canada 61. Federal Court of Canada 62. Grain Transportation Agency 63. Hazardous Materials Information Review Commission 64. Information and Privacy Commissioners 65. Investment Canada 66. Multiculturalism and Citizenship 67. The National Archives of Canada 68. National Farm Products Marketing Council 69. The National Library 70. National Transportation Agency 71. Northern Pipeline Agency ì 72. Patented Medicine Prices Review Board 73. Petroleum Monitoring Agency 74. Privy Council Office 75. Canadian Intergovernmental Conference Secretariat 76. Commissioner of Official Languages 77. Economic Council of Canada 78. Public Service Staff Relations Office 79. Office of the Secretary to the Governor General 80. Office of the Chief Electoral Officer 81. Federal Provincial Relations Office 82. Procurement Review Board 83. Royal Commission on Electoral Reform and Party Financing 84. Royal Commission on National Passenger Transportation 85. Royal Commission on New Reproductive Technologies 86. Royal Commission on the Future of the Toronto Waterfront 87. Statistics Canada 88. Tax Court of Canada, Registry of the 89. Agricultural Stabilization Board 90. Canadian Aviation Safety Board 91. Canadian Centre for Occupational Health and Safety 92. Canadian Transportation Accident Investigation and Safety Board ≡Bα= è93. Director of Soldier Settlement 94. Director, The Veterans' Land Act 95. Fisheries Prices Support Board 96. National Battlefields Commission 97. Royal Canadian Mounted Police 98. Royal Canadian Mounted Police External Review Committee 99. Royal Canadian Mounted Police Public Complaints Commission 100. Department of National Defence The following goods purchased by the Department of National Defence and the Royal Canadian Mounted Police are included in the coverage of this Chapter, subject to the provisions of Article 1018(1) (Exceptions). (Numbers refer to the Federal Supply Classification code) 22. Railway equipment 23. Motor vehicles, trailers and cycles (except buses in 2310, 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 equipment 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 Life-saving and diving equipment, 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 ì 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 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 ADPE configurations) 71. Furniture ≡Bα= è 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 home-type 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. Non-metallic fabricated materials 94. Non-metallic crude materials 96. Ores, minerals and their primary products 99. Miscellaneous Notes: 1. Notwithstanding anything in this Annex, this Chapter does not apply to procurements in respect of: (a) the Departments of Transport Canada, Communications Canada and Fisheries and Oceans respecting FSCs 70 (automatic data processing equipment, software supplies and support equipment), 74 (office machines, text processing systems and visible record equipment) and 36 (special industry machinery); and (b) agricultural products made in furtherance of agricultural support programs or human feeding programs. 2. The General Notes for Canada as set out in Annex 1002.7 apply to this Annex. ============================================================================= ANNEX 1002.1 Schedule of Mexico 1. Secretaría de Gobernación - Centro Nacional de Estudios Municipales - Comisión Calificadora de Publicaciones y Revistas ì Ilustradas - Consejo Nacional de Población - Archivo General de la Nación - Instituto Nacional de Estudios Históricos de la Revolución Mexicana - Patronato de Asistencia para la Reincorporación Social - Centro Nacional de Prevención de Desastres - Consejo Nacional de Radio y Televisión - Comisión Mexicana de Ayuda a Refugiados 2. Secretaría de Relaciones Exteriores - Sección Mexicana de la Comisión Intercional de Límites y Aguas México-EEUU - Sección Mexicana de la Comisión Internacional de Límites y Aguas México-Guatemala 3. Secretaría de Hacienda y Crédito Público - Comisión Nacional Bancaria ≡Bα= è - Comisión Nacional de Valores - Comisión Nacional de Seguros y Fianzas - Instituto Nacional de Estadistica , Geografía e Inform tica 4. Secretaría de Agricultura y Recursos Hidraulicos - Instituto Mexicano de Tecnología del Agua - Instituto Nacional de Investigaciones Forestales y Agropecuarias - Apoyos a Servicios a la Comercialización Agropecuaria, Aserca 5. Secretaría de Comunicaciones y Transportes (including the Instituto Mexicano de Comunicaciones and the Instituto Mexicano de Transporte) - Comisión Nacional Coordinadora de Puertos 6. Secretaría de Comercio y Fomento Industrial 7. Secretaría de Educación Pública - Instituto Nacional de Antropología e Historia - Instituto Nacional de Bellas Artes y Literatura - Radio Educación - Centro de Ingeniería y Desarrollo Industrial - Consejo Nacional para la Cultura y las Artes - Comisión Nacional del Deporte 8. Secretaría de Salud - Administración del Patrimonio de la Beneficencia Pública - Centro Nacional de la Transfusión Sanguinea - Gerencia General de Farmacias - Gerencia General de Biológicos y Reactivos - Consejo Interno del Centro de Obras y Equipamiento en Salud - Instituto de la Comunicación Humana Dr. Andrés Bustamante Gurría - Instituto Nacional de Medicina de la Rehabilitación - Instituto Nacional de Ortopedia - Consejo Nacional para la Prevención y Control del Síndrome de la Inmunodeficiencia Adquirida, Conasida 9. Secretaría del Trabajo y Previsión Social - Procuraduría Federal de la Defensa del Trabajo - Unidad Coordinadora del Empleo, Capacitación y Adiestramiento 10. Secretaría de la Reforma Agraria - Instituto de Capacitación Agraria ì 11. Secretaría de Pesca - Instituto Nacional de la Pesca 12. Procuraduría General de la República 13. Secretaría de Energia Minas e Industria Paraestatal - Comisión Nacional de Seguridad Nuclear y Salvaguardias - Centro de Promoción y Evaluación de Proyectos - Centro Nacional de Ahorro Energético 14. Secretaría de Desarrollo Social 15. Secretaría de Turismo 16. Secretaría de la Contraloría General de La Federación ≡Bα= è17. Comisión Nacional de Zonas Aridas 18. Comisión Nacional de Libros de Texto Gratuito 19. Comisión Nacional de Derechos Humanos 20. Consejo Nacional de Fomento Educativo 21. Secretaría de la Defensa Nacional 22. Secretaría de Marina The following products purchased by the Secretaría de la Defensa Nacional and the Secretaría de Marina are included in the coverage of this Chapter, subject to the application of paragraph 1 in Article 1018(1) (Exceptions). (Numbers refer to the Federal Supply Classification Code, FSC) 22. Railway equipment 23. Motor vehicles, trailers and cycles (except buses in 2310, 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 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 ì 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 67. Photographic equipment 68. Chemicals and chemical products 69. Training aids and devices 70. General purpose ADPE, software, supplies and support equipment 71. Furniture 72. Household and commercial furnishings and appliances 73. Food preparation and serving equipment ≡Bα= è 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 home-type 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 93. Non-metallic fabricated materials 94. Non-metallic crude materials 96. Ores, minerals and their primary products (except 9620: minerals, natural and synthetic) 99. Miscellaneous Notes: 1. National security exceptions include procurements made in support of safeguarding nuclear materials or technology. 2. The General Notes for Mexico as set out in Annex 1002.7 apply to this Annex. ============================================================================= ANNEX 1002.1 Schedule of the United States 1. Department of Agriculture (This Chapter does not apply to procurement of agricultural products made in furtherance of agricultural support programs or human feeding programs.) Federal buy national requirements imposed as conditions of funding by the Rural Electrification Administration will not apply to products and services of Mexico and Canada. 2. Department of Commerce 3. Department of Education 4. Department of Health and Human Services 5. Department of Housing and Urban Development 6. Department of the Interior, including the Bureau of Reclamation (For suppliers of goods and services of Canada, the obligations of this Chapter will apply to procurements by the Bureau of Reclamation of the Department of Interior only at such time as the obligations of this Chapter take effect for procurements by Canadian Provincial Hydro utilities.) 7. Department of Justice 8. Department of Labor 9. Department of State 10. United States Agency for International Development ì 11. Department of the Treasury 12. Department of Transportation (Pursuant to Article 1018, the national security considerations applicable to the Department of Defense are equally applicable to the Coast Guard, a military unit of the United States.) 13. Department of Energy (This Chapter does not apply, pursuant to Article 1018, to national security procurements made in support of safeguarding nuclear materials or technology and entered into under the authority of the Atomic Energy Act; and to oil purchases related to the Strategic Petroleum Reserve.) 14. General Services Administration (except Federal Supply Groups 51 and 52 and Federal Supply Class 7340) ≡Bα= è15. National Aeronautics and Space Administration 16. The Department of Veterans Affairs 17. Environmental Protection Agency 18. United States Information Agency 19. National Science Foundation 20. Panama Canal Commission 21. Executive Office of the President 22. Farm Credit Administration 23. National Credit Union Administration 24. Merit Systems Protection Board 25. ACTION 26. United States Arms Control and Disarmament Agency 27. The Office of Thrift Supervision 28. The Federal Housing Finance Board 29. National Labor Relations Board 30. National Mediation Board 31. Railroad Retirement Board 32. American Battle Monuments Commission 33. Federal Communications Commission 34. Federal Trade Commission 35. Inter-State Commerce Commission 36. Securities and Exchange Commission 37. Office of Personnel Management 38. United States International Trade Commission 39. Export-Import Bank of the United States 40. Federal Mediation and Conciliation Service 41. Selective Service System 42. Smithsonian Institution 43. Federal Deposit Insurance Corporation 44. Consumer Product Safety Commission 45. Equal Employment Opportunity Commission 46. Federal Maritime Commission 47. National Transportation Safety Board 48. Nuclear Regulatory Commission 49. Overseas Private Investment Corporation 50. Administrative Conference of the United States 51. Board for International Broadcasting 52. Commission on Civil Rights 53. Commodity Futures Trading Commission 54. The Peace Corps 55. National Archives and Records Administration 56. Department of Defense, including the Army Corps of Engineers This Chapter will not apply to the following purchases of the DOD: (a) Federal Supply Classification (FSC) 83 - all elements of this classification other than pins, needles, sewing kits, flagstaffs, flagpoles, and flagstaff trucks; (b) FSC 84 - all elements other than sub-class 8460 (luggage); (c) FSC 89 - all elements other than sub-class 8975 (tobacco products); (d) FSC 2310 - (buses only); (e) speciality metals, defined as steels melted in steel manufacturing facilities located in the United States or ì its possessions, where the maximum alloy content exceeds one or more of the following limits, must be used in products purchased by DOD: (1) manganese, 1.65 per cent; silicon, 0.60 per cent; or copper, 0.06 per cent; or which contains more than 0.25 per cent of any of the following elements: aluminium, chromium, cobalt, columbium, olybdenum, nickel, titanium, tungsten, or vanadium; (2) metal alloys consisting of nickel, iron- nickel and cobalt base alloys containing a total of other alloying metals (except iron) in excess of 10 per cent; ≡Bα= è (3) titanium and titanium alloys; or (4) zirconium base alloys; (f) FSC 19 and 20 - that part of these classifications defined as naval vessels or major components of the hull or superstructure thereof; (g) FSC 51; and (h) the following FSC categories are not generally covered due to application of Article 1018(1) (Exceptions): 10, 12, 13, 14, 15, 16, 17, 19, 20, 28, 31, 58, 59 and 95. This Chapter will generally apply to DOD purchases of the following FSC categories subject to United States Government determinations under the provisions of Article 1018(1) (Exceptions): 22. Railway Equipment 23. Motor Vehicles, Trailers, and Cycles (except buses in 2310) 24. Tractors 25. Vehicular Equipment Components 26. Tires and Tubes 29. Engine Accessories 30. Mechanical Power Transmission Equipment 32. Woodworking Machinery and Equipment 34. Metalworking 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 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 67. Photographic Equipment 68. Chemicals and Chemical Products 69. Training Aids and Devices 70. General Purpose ADPE, Software, Supplies and Support Equipment ì 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 77. Musical Instruments, Phonographs, and Home Type Radios ≡Bα= è 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. Non-metallic Fabricated Materials 94. Non-metallic Crude Materials 96. Ores, Minerals and their Primary Products 99. Miscellaneous Note: The General Notes for the United States as set out in Annex 1002.7 apply to this Annex. ============================================================================= ANNEX 1002.2 State and Provincial Government Entities Coverage under this Annex will be addressed following consultations with state and provincial governments under the terms and conditions set out in Article 1024 (Further Negotiations). Note: The General Notes as set out in Annex 1002.7 apply to this Annex. ============================================================================= ANNEX 1002.3 Government Enterprises Schedule of Canada 1. Canada Post Corporation 2. National Capital Commission 3. St. Lawrence Seaway Authority 4. Royal Canadian Mint 5. Canadian National Railways 6. Via Rail 7. Canadian Museum of Civilization 8. Canadian Museum of Nature 9. National Gallery of Canada 10. National Museum of Science and Technology 11. Defence Construction (1951) Ltd. Notes: 1. With respect to procurements by Canadian National Railways, St. Lawrence Seaway Authority and Via Rail, coverage is subject to Article 1019(5) (Provision of Information), respecting the protection of the commercial confidentiality of information provided. ì 2. The General Notes for Canada as set out in Annex 1002.7 apply to this Annex.