[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR25.401]

[Page 473-474]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 25_FOREIGN ACQUISITION--Table of Contents
 
                      Subpart 25.4_Trade Agreements
 
Sec.  25.401  Exceptions.

    (a) This subpart does not apply to--
    (1) Acquisitions set aside for small businesses;
    (2) Acquisitions of arms, ammunition, or war materials, or purchases 
indispensable for national security or for national defense purposes, 
including all services purchased in support of military forces located 
overseas;
    (3) Acquisitions of end products for resale;
    (4) Acquisitions under Subpart 8.6, Acquisition from Federal Prison 
Industries, Inc., and Subpart 8.7, Acquisition from Nonprofit Agencies 
Employing People Who Are Blind or Severely Disabled;
    (5) Other acquisitions not using full and open competition, if 
authorized by Subpart 6.2 or 6.3, when the limitation of competition 
would preclude use of the procedures of this subpart (but see 6.303-
1(d)); or sole source acquisitions justified in accordance with 
13.501(a); and
    (6) Acquisitions of the following excluded services:
    (i) Automatic data processing (ADP) telecommunications and 
transmission services, except enhanced (i.e., value-added) 
telecommunications services.
    (ii) Research and development.
    (iii) Transportation services (including launching services, but not 
including travel agent services).
    (iv) Utility services.
    (b)(1) Other services not covered by the Trade Agreements Act are--
    (i) Dredging; and

[[Page 474]]

    (ii) Management and operation contracts to certain Government or 
privately owned facilities used for Government purposes, including 
Federally Funded Research and Development Centers (FFRDCs).
    (2) Other services not covered by NAFTA are--
    (i) ADP teleprocessing and timesharing services (D305), 
telecommunications network management services (D316), automated news 
services, data services or other information services (D317), and other 
ADP and telecommunications services (D399) (Federal Service Code from 
the Federal Procurement Data System Product/Service Code Manual 
indicated in parentheses);
    (ii) Operation of all facilities by the Department of Defense, 
Department of Energy, or the National Aeronautics and Space 
Administration; and all Government-owned research and development 
facilities or Government-owned environmental laboratories;
    (iii) Maintenance, repair, modification, rebuilding and installation 
of equipment related to ships; and
    (iv) Nonnuclear ship repair.