[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR25.401]



[Page 491-492]

 

            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;

    (3) Acquisitions of end products for resale;

    (4) Acquisitions from Federal Prison Industries, Inc., under Subpart 

8.6, and acquisitions under Subpart 8.7, Acquisition from Nonprofit 

Agencies Employing People Who Are Blind or Severely Disabled; and

    (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; or sole source 

acquisitions justified in accordance with 13.501(a).

    (b) In the World Trade Organization Government Procurement Agreement 

(WTO GPA) and each FTA, there is a U.S. schedule that lists services 

that are excluded from that agreement in acquisitions by the United 

States. Acquisitions of the following services are excluded from 

coverage by the U.S. schedule of the WTO GPA or an FTA as indicated in 

this table:



----------------------------------------------------------------------------------------------------------------

                    The service  (Federal

                    Service Codes from the

                   Federal Procurement Data

                 System Product/Service Code      WTO GPA      NAFTA and Chile   Singapore FTA    Australia and

                   Manual are indicated in                           FTA                           Morocco FTA

                     parentheses for some

                          services.)

----------------------------------------------------------------------------------------------------------------

(1)              All services purchased in                 X                X                X                X

                  support of military

                  services overseas..

(2)              (i) Automatic data                        X                X   ...............  ...............

                  processing (ADP)

                  telecommunications and

                  transmission services

                  (D304), except enhanced

                  (i.e., value-added)

                  telecommunications

                  services..

                 (ii) ADP teleprocessing and               X                X   ...............  ...............

                  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).

                 (iii) Basic                               *                *                X                X

                  telecommunications network

                  services (i.e., voice

                  telephone services, packet-

                  switched data transmission

                  services, circuit-switched

                  data transmission

                  services, telex services,

                  telegraph services,

                  facsimile services, and

                  private leased circuit

                  services, but not

                  information services, as

                  defined in 47 U.S.C.

                  153(20))..

(3)              Dredging...................               X                X                X                X

(4)              (i) Operation and                         X   ...............               X   ...............

                  management contracts of

                  certain Government or

                  privately owned facilities

                  used for Government

                  purposes, including

                  Federally Funded Research

                  and Development Centers.

                 (ii) Operation of all                   * *                X              * *                X

                  Department of Defense,

                  Department of Energy, or

                  the National Aeronautics

                  and Space Administration

                  facilities; and all

                  Government-owned research

                  and development facilities

                  or Government-owned

                  environmental laboratories.

(5)              Research and development...               X                X                X                X



[[Page 492]]





(6)              Transportation services                   X                X                X                X

                  (including launching

                  services, but not

                  including travel agent

                  services--V503).

(7)              Utility services...........               X                X                X                X

(8)              Maintenance, repair,         ...............               X   ...............               X

                  modification, rebuilding

                  and installation of

                  equipment related to ships

                  (J019).

(9)              Nonnuclear ship repair       ...............               X   ...............               X

                  (J998).

----------------------------------------------------------------------------------------------------------------

*Note 1. Acquisitions of the services listed at (2)(iii) of this table are a subset of the excluded services at

  (2)(i) and (ii), and are therefore not covered under the WTO GPA.

**Note 2. Acquisitions of the services listed at (4)(ii) of this table are a subset of the excluded services at

  (4)(i), and are therefore not covered under the WTO GPA.





[69 FR 1054, Jan. 7, 2004, as amended at 69 FR 77874, Dec. 28, 2004; 70 

FR 18958, Apr. 11, 2005]