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- Schedule of Mexico
-
-
- Printing and Editorial
-
- 1. Talleres Gr ficos de la Nación
-
- 2. Productora e Importadora de Papel S.A de C.V., Pipsa
-
- Communications and Transportation
-
- 3. Aeropuertos y Servicios Auxiliares, ASA
-
- 4. Caminos y Puentes Federales de Ingreso y Servicios Conexos,
- Capufe
-
- 5. Puertos Mexicanos
-
- 6. Servicio Postal Mexicano
-
- 7. Ferrocarriles Nacionales de México, Ferronales
-
- 8. Telecomunicaciones de México, Telecom
-
- Industry
-
- 9. Petróleos Mexicanos, Pemex (This Chapter does not apply to
- procurement of fuels and gas.)
-
- 10. Comisión Federal de Electricidad, CFE
-
- 11. Consejo de Recursos Minerales
-
- 12. Comisión de Fomento Minero
-
- Commerce
-
- 13. Compañía Nacional de Subsistencias Populares, Conasupo (This
- Chapter does not apply to procurement of agricultural products
- made in furtherance of agricultural support programmes or human
- feeding programmes.) 14. Bodegas Rurales Conasupo, S.A. de C.V.
-
- 15. Distribuidora e Impulsora de Comercio, Diconsa 16. Leche
- Industrializada Conasupo, S.A. de C.V., Liconsa (This Chapter
- does not apply to procurement of agricultural products made in
- furtherance of agricultural support programmes or human feeding
- programmes.) 17. Procuraduría Federal del Consumidor 18.
- Instituto Nacional del Consumidor 19. Laboratorios Nacionales de
- Fomento Industrial 20. Servicio Nacional de Información de
- Mercados
-
- Social Security
-
- 21. Instituto de Seguridad y Servicios Sociales de los
- Trabajadores del Estado, ISSSTE 22. Instituto Mexicano del
- Seguro Social, IMSS 23. Sistema Nacional para el Desarrollo
- Integral de la Familia, DIF (This Chapter does not apply to
- procurement of agricultural products made in furtherance of
- agricultural support programmes or human feeding programmes.)
-
- 24. Servicios Asistenciales de la Secretaría de Marina
-
- 25. Instituto de Seguridad Social para las Fuerzas Armadas
- Mexicanas
-
- 26. Instituto Nacional Indigenista, INI
-
- 27. Instituto Nacional Para la Educación de los Adultos
-
- 28. Centros de Integración Juvenil
-
- 29. Instituto Nacional de la Senectud
-
- Others
-
- 30. Comite Administrador del Programa Federal de Construcción de
- Escuelas, Capfce
-
- 31. Comisión Nacional del Agua, CNA
-
- 32. Comisión Para la Regularización de la Tenencia de la Tierra
-
- 33. Consejo Nacional de Ciencia y Tecnología, Conacyt
-
- 34. Notimex, S.A . de C.V.
-
- 35. Instituto Mexicano de Cinematografía
-
- 36. Lotería Nacional para la Asistencia Pública
-
- 37. Pronósticos Deportivos
-
- 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.
-
-
- Schedule of the United States
-
-
- 1. Tennessee Valley Authority
-
- 2. Power Marketing Administrations of the Department of Energy
- - Bonneville Power Administration
- - Western Area Power Administration
- - Southeastern Power Administration
- - Southwestern Power Administration
- - Alaska Power Administration
-
- 3. St. Lawrence Seaway Development Corporation
-
- Notes:
-
- 1. For suppliers of goods and services of Canada, the
- obligations of this Chapter will apply to procurements by the
- Tennessee Valley Authority and the Power Marketing
- Administrations of the Department of Energy only at such time as
- the obligations of this Chapter take effect for procurements by
- Canadian Provincial Hydro utilities.
-
- 2. The General Notes for the United States as set out in Annex
- 1002.7 apply to this Annex.
-
- ================================================================
- ANNEX 1002.4
-
- Services
-
-
- I. General Provisions
-
- 1. Except for the services listed in Part II of this Annex, all
- services procured by the entities listed in Annex 1002.1 (Federal
- Government Entities) and Annex 1002.3 (Government Enterprises)
- are subject to this Chapter.
-
- 2. Contracts for construction services are subject to this
- Chapter as specified in Annex 1002.5 (Construction Services).
-
- 3. The Parties shall adopt a universal list of services for
- reporting purposes, which is indicative of the services procured
- by the entities of the Parties, and is contained in the Appendix
- to this Annex.
-
- 4. The Parties shall update, as appropriate, the list of
- universal services included in the Appendix to this Annex at such
- time as they mutually agree.
-
- 5. Notwithstanding paragraph 1, for Mexico only the services
- included in the Temporary Schedule of Mexico will be subject to
- this Chapter, until such time as Mexico has completed its
- schedule under Part II pursuant to paragraph 6.
-
- 6. Mexico will develop and, after consultations with the other
- Parties, complete its list of services set out under the Schedule
- of Mexico in Part II of this Annex no later than July 1, 1995.
-
-
- Temporary Schedule of Mexico: Services Included
-
- (Based on the United Nations Central Product Classification, CPC)
-
-
- Professional Services
-
- 863 Taxation services (excluding legal services)
-
- 8671 Architectural services
-
- 86711 Advisory and pre-design architectural services
-
- 87612 Architectural design services
-
- 87713 Contract administration services
-
- 86714 Combined architectural design and contract administration
- services
-
- 86719 Other architectural services
-
- 8672 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
-
- 8673 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
-
- 865 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
-
- 5115 Site preparation for mining
-
- 8675 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
-
- 663 Repair services of personal and household goods
-
- 8861 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
-
- 642/3 Food and beverage serving services
-
- Travel agency and tour operators services
-
- 7471 Travel agency and tour operator services
-
- II. Services Excluded from Coverage
-
- [Subject to review]
-
- The following services contracts are excluded in their entirety
- by the Parties:
-
-
- Schedule of Canada
-
- (Based on the United Nations Central Product Classification, CPC)
-
- CPC
- 1. Transport, storage and communication services
-
- - Land Transport services 71
-
- - Water Transport services 72
-
- - Air Transport Services 73
-
- - Supporting and Auxiliary Transport services (except
- 7471: Travel Agencies and Tour Operator services) 74
-
- - Post and Telecommunication services (except 7512:
- Courier services and 7523: Data Transmission
- services) 75
-
- Note: All transportation services, including related repair and
- overhaul and launching services and transportation services,
- where incidental to procurement contracts, are not subject to
- this Chapter.
-
- 2. Business services; agricultural, mining and manufacturing
- services
-
- - Financial, Intermediation services and Auxiliary
- services therefor 81
-
- - Leasing or rental services concerning televisions,
- radios, video cassette recorders and related
- equipment and accessories 83201
-
- - Leasing or rental services concerning video tapes 83202
-
- - Research and Development services 85
-
- - Legal services (except: Advisory services on
- Foreign Law) 861
-
- - Legal services incidental to Taxation Services 863
-
- - Market Research and Public Opinion Polling
- services 864
-
- - Financial Management consulting services (except
- corporate tax) 86502
-
- - Public relations services 86506
-
- - Services related to management consulting 866
-
- - Related scientific and technical consulting
- services 8675
-
- - Business Services, n.e.c. (except 8740: Building
- cleaning services and 8760: Packaging services) 87
-
- - Services incidental to agriculture, hunting and
- forestry (except 8814: services incidental to
- forestry and logging; and 8830: services incidental
- to mining) 881
-
- - Services incidental to fishing 882
-
- - Services incidental to manufacturing, except to the
- manufacture of metal products, machinery and
- equipment 884
-
- - Services incidental to the manufacture of metal
- products, machinery and equipment (except 8852:
- Manufacture of fabricated metal products, except
- machinery and equipment on a fee or contract
- basis) 885
-
- - Repair services, n.e.c. of motor vehicles, trailers
- and semi-trailers, on a fee or contract basis 8867
-
- - Repair services of other transport equipment, on a
- fee or contract basis 8868
-
- - Services incidental to energy distribution 887
-
- - Intangible assets 89
-
- 3. Community, Social and Professional Services
-
- - Education services 92
-
- - Health and Social Services 93
-
- - Services of Membership Organizations 95
-
- - Recreation, cultural and sporting services 96
-
- - Other services 97
-
- - Services provided by extraterritorial organizations
- and bodies 99
-
- 4. Contracts of 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), 36 (special industry machinery).
-
- 5. Research and development services.
-
- 6. Dredging.
-
- 7. All services purchased in support of military forces located
- overseas.
-
- 8. Management and operation contracts awarded to
- federally-funded research and development centers or related to
- carrying out government sponsored research programs.
-
- 9. Public utilities services.
-
- 10. Printing and publishing.
-
- Note:
-
- The General Notes for Canada as set out in Annex 1002.7 apply to
- this Annex.
-
-
- Schedule of Mexico
-
-
- (Based on the United Nations Central Product Classification, CPC)
-
- CPC
- 1. All transportation services, including transportation
-
- - Land transportation 71
-
- - Water transport 72
-
- - Air transport 73
-
- - Supporting and auxiliary transport 74
-
- - Post and telecommunication 75
-
- - Repair services of other transport equipment, on a
- fee or contract basis 8868
-
- 2. All risk-sharing contracts by Pemex.
-
- 3. Public utilities services (including telecommunications,
- transmission, water or energy services).
-
- 4. Management and operation contracts awarded to
- federally-funded research and development centers or related to
- carrying out government sponsored research programs.
-
- 5. Financial services
-
- 6. Research and development services
-
- 7. Confidential consulting services (provided that they are not
- used with a view to avoiding maximum possible competition or in a
- manner that would constitute a means of discrimination among
- suppliers of the other Parties or protection to Mexican
- suppliers).
-
- Note:
-
- The General Notes for Mexico as set out in Annex 1002.7 apply to
- this Annex.
-
-
- Schedule of the United States
-
- (Based on the Procurement Data System Services Codes)
- FSC
- 1. Transportation and related services (except V231:
- Lodging and Hotel/Motel; and V302: travel agent)
-
- - Transportation V
-
- - Maintenance, Repair and Rebuilding of Ships JO19
-
- - Non-nuclear Ship Repair J998 and J999
-
- - Modification of Ships KO19
-
- In addition, transportation services, where incidental
- to procurement contracts, are not subject to this Chapter.
-
- 2. Dredging Y216
-
- 3. All services purchased in support of military forces
- overseas.
-
- 4. Management and operation contracts awarded to
-
- - federally-funded research and development centers
- (FFRDCs) or related to carrying out
- government-sponsored research programs
- (classification to be clarified) M181-184
-
- - by DOD, DOE, and NASA M
-
- 5. Public utilities and telecommunications services:
-
- - Utilities S1
-
- - ADP Telecommunications and Transmission Services D304
-
- - ADP Teleprocessing and Timesharing Services D305
-
- - Telecommunications Network Management Services D316
-
- - Automated News Services, Data Services, or other
- information D317
-
- - Other ADP and Telecommunications services D399
-
- 6. Research and Development services A
-
- Note: The General Notes for the United States as set out in Annex
- 1002.7 apply to this Annex.
-
-
- Appendix to ANNEX 1002.4
- Universal List of Services
-
- ANNEX 1002.5
-
- Construction Services
-
-
- I. General Provisions
-
- 1. Except for the construction services listed in Part II of
- this Annex, all construction services as specified in the
- Appendix to this Annex, which are procured by the entities listed
- in Annex 1002.1 (Federal Government Entities) and Annex 1002.3
- (Government Enterprises) are subject to this Chapter.
-
- 2. The Parties will update, as appropriate, the list of
- construction services included in the Appendix at such time as
- they mutually agree.
-
-
- II. Construction Services Excluded from Coverage
-
- The following services contracts are excluded in their entirety
- by the Parties:
-
-
- Schedule of Canada
-
- 1. Dredging.
-
- 2. Construction contracts tendered by or on behalf of Department
- of Transport.
-
- Note: The General Notes for Canada as set out in Annex 1002.7
- apply to this Annex.
-
-
- Schedule of Mexico
-
- All risk-sharing contracts by Pemex.
-
- Notes:
-
- The General Notes for Mexico as set out in Annex 1002.7 apply to
- this Annex.
-
-
- Schedule of the United States
-
- Dredging.
-
- Notes:
-
- 1. In accordance with the obligations of this Chapter, buy
- national requirements on articles, supplies, and materials
- acquired for use in construction contracts subject to the
- obligations of this Chapter will not apply to products of Canada
- or Mexico.
-
- 2. The General Notes for the United States as set out in Annex
- 1002.7 apply to this Annex.
-
-
- Appendix to ANNEX 1002.5
-
- List of Construction Services
-
- List of contracts for construction services which are subject to
- the obligations of this Chapter, except as otherwise provided:
-
- (Based on the United Nations Central Product Classification, CPC)
-
- Division 51 Construction work
-
- 511 Pre-erection work at construction sites
- 5111 Site investigation work
- 5112 Demolition work
- 5113 Site formation and clearance work
- 5114 Excavating and earthmoving work
- 5115 Site preparation work for mining
- 5116 Scaffolding work
-
- 512 Construction works for buildings
- 5121 For one and two dwelling buildings
- 5122 For multi-dwelling buildings
- 5123 For warehouses and industrial buildings
- 5124 For commercial buildings
- 5125 For public entertainment buildings
- 5126 For hotel, restaurant and similar buildings
- 5127 For educational buildings
- 5128 For health buildings
- 5129 For other buildings
-
- 513 Construction work for civil engineering
- 5131 For highways (except elevated highways), streets, roads,
- railways and airfield runways
- 5132 For bridges, elevated highways, tunnels and subways
- 5133 For waterways, harbours, dams and other water works
- 5134 For long distance pipelines, communication and power
- lines (cables)
- 5135 For local pipelines and cables; ancillary works
- 5136 For constructions for mining and manufacturing
- 5137 For constructions for sport and recreation
- 5139 For engineering works n.e.c.
-
- 514 5140 Assembly and erection of prefabricated constructions
-
- 515 Special trade construction work
- 5151 Foundation work, including pile driving
- 5152 Water well drilling
- 5153 Roofing and water proofing
- 5154 Concrete work
- 5155 Steel bending and erection, including welding)
- 5156 Masonry work
- 5159 Other special trade construction work
-
- 516 Installation work
- 5161 Heating, ventilation and air conditioning work
- 5162 Water plumbing and drain laying work
- 5163 Gas fitting construction work
- 5164 Electrical work
- 5165 Insulation work (electrical wiring, water, heat, sound)
- 5166 Fencing and railing construction work
- 5169 Other installation work
-
- 517 Building completion and finishing work
- 5171 Glating work and window glass installation work
- 5172 Plastering work
- 5173 Painting work
- 5174 Floor and wall tilling work
- 5175 Other floor laying, wall covering and wall papering work
- 5176 Wood and metal joinery and carpentry work
- 5177 Interior fitting decoration work
- 5178 Ornamentation fitting work
- 5179 Other building completion and finishing work
-
- 518 5180 Renting services related to equipment for construction
- or emolition of buildings or civil engineering works, with
- operator
-
- ================================================================
- ANNEX 1002.6
-
- Transition Provisions for Mexico
-
-
- Notwithstanding any other provision of this Chapter, Annexes
- 1002.1 through 1002.5 are subject to the following:
-
- Pemex, CFE and Non-Energy Construction
-
- 1. The obligations of this Chapter shall not apply to:
-
- (a) 50 percent of the total annual procurement above
- thresholds of goods, services and construction services by Pemex;
-
- (b) 50 percent of the total annual procurement above
- thresholds of goods, services and construction services by CFE;
- and
-
- (c) 50 percent of the total annual procurement above
- thresholds of construction services, excluding construction
- services procured by Pemex and CFE.
-
- 2. Loans from regional and multilateral financial institutions
- will not be included for purposes of calculating the reservations
- specified in paragraph 1 or subject to other restrictions.
-
- 3. As of January 1st, 1994, the reservation specified in
- paragraph 1 will decrease according to the following schedule:
-
- 1994 1995 1996 1997 1998
-
- 50% 45% 45% 40% 40%
-
- 1999 2000 2001 2002 2003 and thereafter
- 35% 35% 30% 30% 0%
-
- 4. For Pemex and CFE, no more than 10 percent of their respective
- reserved procurement under paragraphs 1 and 3 shall be applied
- within a single Federal Supply Classification (FSC) class (or
- other classification system as agreed by all Parties) in a single
- year.
-
- 5. After December 31, 1998, Pemex and CFE each will make all
- reasonable efforts to assure that their respective total
- reservation in each FSC class (or other classification system as
- agreed by all Parties) shall not exceed 50 percent in a single
- year.
-
-
- Pharmaceuticals
-
- 6. The provisions of this Chapter shall not apply to drugs whose
- patents have expired or are not currently patented (FSC class
- 6505) procured by the Secretaría de Salud, IMSS, ISSSTE,
- Secretaría de Defensa and the Secretaría de Marina. This
- exception shall be eliminated after 8 years from the date of
- entry into force of this Agreement. Procurement of biologicals
- and patented drugs shall not be exempted under any other
- provision of the Annexes of this Chapter. Nothing in this Chapter
- shall be interpreted in a way which will impair the protection
- provided by Chapter 17 (Intellectual Property) of this Agreement.
-
- Time Limits for Tendering and Delivery
-
- 7. Upon the date of entry into force of this Agreement in January
- 1, 1994, Mexico will make best efforts to comply with the
- provisions of Article 1012 (Time Limits for Tendering and
- Delivery) with respect to the 40 day time limits. However, Mexico
- will fully comply with such obligations as from January 1, 1995.
-
- Provision of Information
-
- 8. The Parties recognize that Mexico may be required to undertake
- extensive retraining of personnel, introduce new data maintenance
- and reporting systems and make major adjustments to the
- procurement systems of certain entities in order to comply with
- the obligations of this Chapter. The Parties also recognize that
- Mexico may encounter difficulties in making the transition to
- procurement systems that facilitate full compliance with the
- obligations of this Chapter.
-
- 9. The Parties shall, therefore, consult on an annual basis for
- the first five years that the Agreement is in effect to review
- transitional problems and to develop mutually agreed solutions.
- Such solutions may include, when appropriate, temporary
- adjustment to the obligations of Mexico under this Chapter, such
- as those related to reporting requirements.
-
- 10. In addition, the United States and Canada shall cooperate
- with Mexico to provide technical assistance, as appropriate and
- mutually agreed pursuant to Article 1020 (Technical Cooperation)
- of this Chapter, to aid Mexico's transition.
-
- 11. Notwithstanding any other provision of this Annex, each Party
- shall assume all of its obligations specified in this Chapter
- upon the date of entry into force of this Agreement.
-
- Note: The General Notes for Mexico as set out in Annex 1002.7
- apply to this Annex.
-
- ================================================================
- ANNEX 1002.7
-
- General Notes
-
-
- Schedule of Canada
-
- 1. Notwithstanding any other provision of this Chapter, 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 there in 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) pursuant to Article 1018 national security exemptions
- include oil purchases related to any strategic reserve
- requirements; and
-
- (f) national security exceptions include procurements made
- in support of safeguarding nuclear materials or technology.
-
- 2. Procurement in terms of Canadian coverage is defined as
- contractual transactions to acquire property or services for the
- direct benefit or use of the government. It does not include
- non-contractual agreements or any form of government assistance,
- including but not limited to, cooperative agreements, grants,
- loans, equity infusions, guarantees, fiscal incentives, and
- government provision of goods and services, given to individuals,
- firms, private institutions, and sub-central governments.
-
-
- Schedule of Mexico
-
- 1. Notwithstanding any other provision of this Chapter, this
- Chapter does not apply to procurements made:
-
- (a) with a view to commercial resale by government-owned retail
- stores;
-
- (b) pursuant to loans from regional or multilateral financial
- institutions to the extent that different procedures are imposed
- by such institutions (except for national content requirements);
- and
-
- (c) between entities.
-
- 2. Notwithstanding any other provision in this Chapter, Mexico
- may allocate a non-specific sector set-aside as follows:
-
- (a) upon the date of entry into force of this Agreement, up to
- the equivalent in real terms of $1.0 billion USD of 1994 shall
- annually be available to all procurements of entities subject to
- this Chapter, except Pemex and CFE and construction services
- procured by other entities subject to this Chapter as well as
- those procurements of goods in FSC class 6505;
-
- (b) after December 31, 2002, up to the equivalent in real terms
- of $1.2 billion USD of 1994 shall annually be available to all
- procurement of entities subject to this Chapter, except Pemex and
- CFE and construction services procured by other entities subject
- to this Chapter as well as those procurements of goods of FSC
- class 6505;
-
- (c) after December 31, 2002, up to the equivalent in real terms
- of $300 million USD of 1994 shall annually be available to Pemex
- and CFE combined; and
-
- (d) for purposes of this paragraph
-
- (i) no more than 10 percent of the total procurement reserved
- shall be applied within a single FSC category (or other
- classification system as agreed by all Parties) in a single year,
- and
-
- (ii) no more than 20 percent may be used by a single entity.
-
- These values shall remain constant in real terms.
-
- 3. Notwithstanding any other provision of this Chapter, the
- entities subject to this Chapter may impose a local content
- requirement of no more than:
-
- (a) 40 percent, for labor intensive turnkey or major integrated
- projects; and
-
- (b) 25 percent, for capital intensive turnkey or major integrated
- projects.
-
- For purposes of these provisions, a turnkey or major integrated
- project means, in general, a construction, supply or installation
- project undertaken by a person pursuant to a right granted by an
- entity subject to this Chapter with respect to which:
-
- (c) the prime contractor is vested with the authority to select
- the general contractors or subcontractors;
-
- (d) Mexico does not fund the project itself;
-
- (e) the person bears the risk of performance; and
-
- (f) the facility will be operated by an entity subject to this
- Chapter or through a procurement contract of that entity.
-
- 4. Regardless of the thresholds, Pemex shall apply the
- disciplines of Article 1004 regarding national treatment and
- non-discrimination to:
-
- (a) procurements of oil and gas field supplies and equipment,
- when such supplies and equipment are procured at the location
- where works pursued by Pemex are being performed; and
-
- (b) the selection of suppliers, when such suppliers are
- established at the location where works pursued by Pemex are
- being performed.
-
- 5. If the obligations of the procurements covered by this Chapter
- are not met, the Parties may seek compensation in the form of
- more market opportunities during the following year, or through
- reliance of Chapter 20 (Institutional Arrangements and Dispute
- Settlement Procedures).
-
- 6. Procurement in terms of the Mexican coverage is defined as
- contractual transactions to acquire property or services for the
- direct benefit or use of the government. It does not include
- non-contractual agreements or any form of government assistance,
- including, but not limited to, cooperative agreements, grants,
- loans, equity infusions, guarantees, fiscal incentives, and
- governmental provisions of goods and services, given to
- individuals, firms, private institutions and state governments.
-
-
- Schedule of the United States
-
- 1. Notwithstanding any other provision of this Chapter, this
- Chapter does not apply to set asides on behalf of small and
- minority businesses.
-
- 2. Procurement in terms of U.S. coverage is defined as
- contractual transactions to acquire property or services for the
- direct benefit or use of the government. It does not include
- non-contractual agreements or any form of government assistance,
- including, but not limited to, cooperative agreements, grants,
- loans, equity infusions, guarantees, fiscal incentives, and
- governmental provision of goods and services, given to
- individuals, firms, private institutions, and subcentral
- governments.
-
- ================================================================
- ANNEX 1002.8
-
- Indexation and Conversion of Thresholds
-
-
- 1. The calculations described in Article 1002(4) (Scope and
- Coverage) shall be made in accordance with the following:
-
- (a) the United States inflation rate shall be measured by the
- the Producer Price Index for Finished Goods published by the
- United States Department of Commerce; and
-
- (b) the inflationary adjustment shall be estimated according to
- the following formula
-
- T0 x (1+ pi) = T1
-
- T0= threshold value at base period
- pi= accumulated U.S. inflation rate for the ith two
- year-period
- T1= new threshold value.
-
- 2. Mexico and Canada shall calculate and convert the value of the
- thresholds specified in paragraph 3 into their national
- currencies using the conversion formulas set out in paragraph 3
- or 4, as appropriate. Mexico and Canada shall notify each other
- and the United States of the value, in their respective
- currencies, of the newly calculated thresholds not less than one
- month before the respective thresholds take effect.
-
- 3. Canada shall base the calculation on the official conversion
- rates of the Bank of Canada. From January 1, 1994 through
- December 31, 1995, the conversion rate shall be the average of
- the weekly values of the Canadian dollars in terms of the U.S.
- dollars over the period October 1, 1992 through September 30,
- 1993. For each subsequent two-year period, beginning January 1,
- 1996, the conversion rate shall be the average of the weekly
- values of the Canadian dollar in terms of the U.S. dollar over
- the two-year period ending September 30 of the year preceding the
- beginning of each two-year period.
-
- 4. Mexico shall use the conversion rate of the Banco de México.
- The conversion rate shall be the existing value of the Mexican
- peso in terms of the US dollar as of December 1 and June 1 of
- each year, or the 1st working day after. The conversion rate as
- of December 1 shall apply from January 1 to June 30 of the
- following year, and as of June 1 shall apply from July 1 to
- December 31 of that year.
-
- ================================================================
- ANNEX 1002-A
-
- Country-Specific Thresholds
-
- As between Canada and the United States,
-
- a) for covered federal entities, thresholds on procurement
- between Canada and the United States are as follows:
-
- i) goods and services: goods -- US$25,000; services --
- US$50,000. Canada and the United States shall consult regarding
- these threshold values, and
-
- ii) Construction: US$6,500,000; and
-
- b) for covered government enterprises, thresholds on procurement
- between Canada and the United States are as follows
-
- i) goods and services: US$250,000, and
-
- ii) construction: US$8,000,000.
-
- ================================================================
- ANNEX 1010.1
-
- Publications
-
-
- I. Publications for Notices of Procurement in Accordance with
- Article 1010 (Invitation to Participate)
-
-
- Schedule of Canada
-
- 1. Government Business Opportunities (GBO).
-
- 2. Open Bidding Service, ISM Publishing.
-
-
- Schedule of Mexico
-
- 1. Major daily newspapers of national circulation.
-
- 2. Mexico will endeavor to establish a specialized publication
- for purposes of notices of procurement. When such publication is
- ready, it will substitute those referred to in paragraph 1.
-
-
- Schedule of United States
-
- Commerce Business Daily (CBD).
-
- II. Publications for Measures in Accordance with Article 1019
- (Provision of Information)
-
-
- Schedule of Canada
-
- 1. Precedential judicial decisions regarding government
- procurement:
-
- (a) Dominion Law Reports;
- (b) Supreme Court Reports;
- (c) Federal Court Reports;
- (d) National Reporter.
-
- 2. Administrative rulings and procedures regarding government
- procurement:
-
- (a) Government Business Opportunities; and
-
- (b) Canada Gazette.
-
- 3. Laws and regulations:
-
- (a) Revised Statutes of Canada;
-
- (b) Canada Gazette.
-
-
- Schedule of Mexico
-
- 1. Diario Oficial de la Federación.
-
- 2. Semanario Judicial de la Federación (for precedential
- judicial decisions only).
-
- 3. Mexico will endeavor to establish a specialized publication
- for administrative rulings of general application and any
- procedure, including standard contract clauses.
-
-
- Schedule of United States
-
- 1. All United States laws, regulations, judicial decisions,
- administrative rulings and procedures regarding government
- procurement covered by this Chapter are codified in the Defense
- Federal Acquisition Regulation Supplement (DFARS) and the Federal
- Acquisition Regulation (FAR), both of which are published as a
- part of the United States Code of Federal Regulations (CFR). The
- DFARS and the FAR are published in title 48 of CFR. Copies may be
- purchased from the Government Printing Office. These regulations
- are also published in loose-leaf versions that are available by
- subscription from the Government Printing Office. Changes are
- provided to subscribers as they are issued.
-
- 2. For those who wish to consult original sources, the
- following published sources are provided:
-
- Material Publication Name
-
- United States Laws U.S. Statutes at Large
-
- Decisions:
- - United States Supreme Court U.S. Reports
- - Circuit Court of Appeals Federal Reporter - 2nd Series
- - District Courts Federal Supplement Reporter
- - Court of Claims Court of Claims Reports
-
- Decisions:
-
- - Boards of Contract Appeals Unofficial publication by Commerce Clearing
- House
-
- Decisions:
-
- -Comptroller General of the U.S. Those not officially United
- States published as decisions of the Comptroller General are
- published unofficially by Federal Publications, Inc.
-