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Canada-Colombia Free Trade Agreement

Annex 1401

Annex 1401-1 Central Level Entities

Schedule of Canada

Thresholds $ Cdn 76,500 - Goods covered in Annex 1401-3
$ Cdn 76,500 - Services covered in Annex 1401-4
5,000,000 SDRs  - Construction Services covered in Annex 1401-5

  1. Atlantic Canada Opportunities Agency
  2. Canada Border Services Agency
  3. Canada Employment Insurance Commission
  4. Canada Industrial Relations Board
  5. Canada Revenue Agency
  6. Canada School of Public Service
  7. Canadian Centre for Occupational Health and Safety Board
  8. Canadian Food Inspection Agency
  9. Canadian Human Rights Commission
  10. Canadian Institutes of Health Research
  11. Canadian Intergovernmental Conference Secretariat
  12. Canadian International Development Agency (on its own account)
  13. Canadian International Trade Tribunal
  14. Canadian Nuclear Safety Commission
  15. Canadian Radio-television and Telecommunications Commission
  16. Canadian Transportation Accident Investigation and Safety Board
  17. Canadian Transportation Agency
  18. Copyright Board
  19. Correctional Service of Canada
  20. Courts Administration Service
  21. Department of Agriculture and Agri-Food
  22. Department of Canadian Heritage
  23. Department of Citizenship and Immigration
  24. Department of Finance Department of Fisheries and Oceans
  25. Department of Foreign Affairs and International Trade
  26. Department of Health
  27. Department of Human Resources and Skills Development
  28. Department of Indian Affairs and Northern Development
  29. Department of Industry
  30. Department of Justice
  31. Department of National Defence
  32. Department of Natural Resources
  33. Department of Public Safety and Emergency Preparedness
  34. Department of Public Works and Government Services (on its own account)
  35. Department of the Environment
  36. Department of Transport
  37. Department of Veterans Affairs
  38. Department of Western Economic Diversification
  39. Director of Soldier Settlement
  40. Director, The Veterans’ Land Act
  41. Economic Development Agency of Canada for the Regions of Quebec
  42. Hazardous Materials Information Review Commission
  43. Immigration and Refugee Board
  44. Library and Archives Canada
  45. Municipal Development and Loan Board
  46. National Battlefields Commission
  47. National Energy Board
  48. National Farm Products Council
  49. National Parole Board
  50. National Research Council of Canada
  51. Natural Sciences and Engineering Research Council of Canada
  52. Northern Pipeline Agency
  53. Office of the Auditor General
  54. Office of the Chief Electoral Officer
  55. Office of the Commissioner for Federal Judicial Affairs
  56. Office of the Commissioner of Official Languages
  57. Office of the Coordinator, Status of Women
  58. Office of the Governor General’s Secretary
  59. Office of the Superintendent of Financial Institutions
  60. Offices of the Information and Privacy Commissioners of Canada
  61. Parks Canada Agency
  62. Patented Medicine Prices Review Board
  63. Privy Council Office
  64. Public Health Agency of Canada
  65. Public Service Commission
  66. Public Service Human Resources Management Agency of Canada
  67. Public Service Labour Relations Board
  68. Registry of the Competition Tribunal
  69. Royal Canadian Mounted Police
  70. Royal Canadian Mounted Police External Review Committee
  71. Royal Canadian Mounted Police Public Complaints Commission
  72. Social Sciences and Humanities Research Council
  73. Statistics Canada
  74. Statute Revision Commission
  75. Supreme Court of Canada
  76. Transportation Appeal Tribunal of Canada
  77. Treasury Board Secretariat
Note to Annex1401-1

The General Notes in Annex 1401-6 apply to this Annex.

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Schedule of Colombia

Thresholds US$67,826 - Goods covered in Annex 1401-3
US$67,826- Services covered in Annex 1401-4
5,000,000 SDRs  - Construction Services covered in Annex 1401-5

Executive Branch
Legislative Branch
Judicial Branch
Control Agencies
Electoral Organization
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Notes to Schedule of Colombia

1. Unless otherwise specified herein, this Chapter applies to the superintendencias”, “unidades administrativas especiales, y establecimientos públicos” of the entities listed in Colombia’s Schedule in this Section.

2. Ministerio de Defensa Nacional: This Chapter does not cover the procurement of goods classified under Section 2 (food products, beverages and tobacco; textiles, apparel and leather products) of the United Nations Central Product Classification 1.0 (CPC version 1.0) for the Comando General de las Fuerzas Armadas, Ejército Nacional, Armada Nacional, Fuerza Aérea Colombiana, y Policía Nacional.

3. Ministerio de Agricultura y Desarrollo Rural: This Chapter does not cover the procurement of food, agricultural raw materials or inputs, and live animals related to agricultural support programs and food assistance.

4. Ministerio de Protección Social: This Chapter does not cover the procurement by the Instituto Colombiano de Bienestar Familiar (ICBF) of goods classified under Section 2 (food products, beverages and tobacco; textiles, apparel and leather products) of the CPC version 1.0 for social assistance programs.

5. Ministerio de Minas y Energía: This Chapter does not cover the procurement of nuclear materials and technology by the Instituto Colombiano de Geología y Minería (INGEOMINAS).

6. Ministerio del Transporte: This Chapter does not cover procurement by the Unidad Administrativa Especial de Aeronáutica Civil (AEROCIVIL).

7. Registraduría Nacional del Estado Civil: This Chapter does not cover procurement for the preparation and conduct of elections.

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Annex 1401-2 Other Covered Entities

Schedule of Canada

Thresholds $ Cdn 382,800 - Goods covered in Annex 1401-3
$ Cdn 382,800 - Services covered in Annex 1401-4
$ Cdn 12,200,000  - Construction Services covered in Annex 1401-5

Notes to Annex1401-2

1. For greater certainty, Article 1411 (Disclosure of Information) applies to procurements by Via Rail Canada Inc. and the Royal Canadian Mint, respecting the protection of the commercial confidentiality of information provided.

2. This Chapter does not cover procurement by or on behalf of the Royal Canadian Mint of direct inputs for use in minting anything other than Canadian legal tender.

3. The General Notes in Annex 1401-6 apply to this Annex.

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Schedule of Colombia

Thresholds US$ 339,132 - Goods covered in Annex 1401-3
US$ 339,132- Services covered in Annex 1401-4
US$ 10,852,752  - Construction Services covered in Annex 1401-5

Notes to Schedule of Colombia

Agencia Logistica de las Fuerzas Militares, Fondo Rotatorio de la Policía Nacional, and Fondo Rotatorio del Departamento Administrativo de Seguridad: this Chapter does not cover procurement of goods classified under Section 2 (food products, beverages and tobacco; textiles, apparel and leather products) of the Central Product Classification (CPC version 1.0) by the entities listed for the Comando General de las Fuerzas Armadas, Ejército Nacional, Armada Nacional, Fuerza Aérea Colombiana, and the Polícia Nacional.

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Annex 1401-3 Goods

Schedule of Canada

Section A - General Provisions

1. All goods are covered subject to paragraph 2.

2. For procurement by the Department of National Defence, the Royal Canadian Mounted Police, and the Canadian Coast Guard, this Chapter covers only the goods listed in Section B subject to paragraph 1 of Article 1402:

Section B - List of Certain Goods

Numbers refer to the Federal Supply Classification document dated May 2005 which can be found at the Defense Logistics Agency website.

Note to Annex 1401-3

The General Notes in Annex 1401-6 apply to this Annex.

Schedule of Colombia

This Chapter does not apply to procurement of goods required to conduct research and development services.

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Annex 1401-4 Services

Schedule of Canada

Section A - General Provisions

1. This Chapter covers procurement of all services that are procured by the entities in Annex 1401-1 and Annex 1401-2, subject to paragraph 3 and Section B of this Annex;

2. Services are identified in accordance with the Common Classification System, which may be found at the Foreign Trade Information System (SICE).

3. Annex 1401-5 applies to contracts for construction services.

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Section B - Excluded Coverage

Services Exclusions by Major Service Category

Part I

This Chapter does not cover procurement of the following services by entities listed in Annex 1401-1 and Annex 1401-2:

A. Research and Development

All classes

B.  Special Studies and Analysis - not R&D

B002  Animal and Fisheries Studies
B003  Grazing and Range Studies
B400  Aeronautic/Space Studies
B503  Medical and Health Studies
B507  Legal Studies (Except Advisory Services on Foreign Law)

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.”  Enhanced or value added services means those telecommunications services employing computer processing applications that:

For 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. This provision only extends to providers of enhanced or value-added services whose underlying telecommunications transmission facilities are leased from providers of public telecommunications transport networks.

D305 ADP Teleprocessing and Timesharing Services

D309 Information and Data Broadcasting or Data Distribution Services (except enhanced/value added facsimile services, including store and forward, store and retrieve; Code and protocol conversion)

D316 Telecommunications Network Management Services (except enhanced/value added Electronic Data Interchange (EDI) Services)

D317 Automated News Services, Data Services, or Other Information Services. Buying data (the electronic equivalent of books, periodicals, newspapers, etc.) (except enhanced/value added electronic mail services; telecommunications - voice messaging; information retrieval services, database and automated news services)

D399 Other ADP and Telecommunications Services – (except enhanced/value added CD-ROM services and micrographic services)

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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
F011  Pesticides/Insecticides Support Services (except forestry and logging)
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 and functions listed in Annex 1401-6 – General Notes, Note 1 (e) to this schedule 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

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J. Maintenance, Repair, Modification, Rebuilding and Installation of Equipment

Services for the departments and functions listed in Annex 1401-6 – General Notes, Note 1 (e) to this schedule 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 National Defence
The Department of Transport
The Department of Natural Resources
and for all Departments: M180 and M140

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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 Footnote 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)
R114  Logistics Support Services Footnote 2
R116  Court Reporting Services
R117  Paper Shredding Services
R201  Civilian Personnel Recruitment (inc. Services of Employment Agencies)

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 and functions listed in Annex 1401-6 – General Notes, Note 1 (e) to this schedule 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

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Part II

This Chapter does not cover procurement of the following services by entities listed in Annex 1401-2 :

D.  Information Processing and Related Telecommunications 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

F007  Seedling Production/Transplanting Services
F010  Other Range/Forest Improvements Services

R. Professional, Administrative and Management Support Services

R113  Data Collection Services

Notes to Annex 1401-4:

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 1401-3), 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 General Notes in Annex 1401-6 apply to this Annex.

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Schedule of Colombia

This Chapter does not cover the procurement of the following services, as described in the CPC:

1. Research and Development Services

Division 81 Research and development services
Group 835 Scientific and other technical services
Data processing (8596) and trade fair and exhibition organization (8597) required for carrying out scientific and technological activities

2. Engineering and Architectural Services

Class 8321 Architectural services.
Class 8334 Engineering design services
Class 8335 Engineering services during the construction and installation phase

3. Utilities

Division 69 Electricity distribution services; gas and water distribution services through mains
Division 94 Sewer and refuse disposal, sanitation, and other environmental protection services
Basic telecommunication services ( not including value-added telecommunication services)

4. Social Services

Division 91 Public administration and other services for the general public; compulsory social security services
Division 92 Education services
Group 931 Human health services

5. Printing Services
6. Production of television programs

Subclass 96121    Motion picture, video and television program production services

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Annex 1401-5 Construction Services

Schedule of Canada

Section A - General Provisions

1. This Chapter covers all construction services set out in the Common Classification System, except those listed in Section B that are procured by the entities listed in Annex 1401-1 and Annex 1401-2.

2. The Common Classification System can be found on the Foreign Trade Information System (SICE).

Section B - Excluded Coverage

Services Exclusions by Major Service Category

The following services contracts are excluded:

1. Dredging

2. Construction contracts tendered by or on behalf of the Department of Transport

3. For CPC 5115 mining of oil and gas which is classified under CCS F042

Note to Annex 1401-5

The General Notes in Annex 1401-6 apply to this Annex.

Schedule of Colombia

This Chapter applies to all public works and construction services procured by the covered entities.

Notwithstanding any other provision of this Chapter, a procuring entity of Colombia, in a procurement of construction services for the construction, maintenance, or rehabilitation of roads and highways, may apply a condition relating to the hiring of local personnel in rural areas in order to promote employment and improve living conditions in such areas.

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Annex 1401-6 General Notes

Schedule of Canada

1. This Chapter does not cover procurements in respect of:

2. This Chapter does not cover procurement of transportation services that form a part of, or are incidental to, a procurement contract.

3. Pursuant to Article 1402 (Security and General Exceptions), national security exceptions include oil purchases related to any strategic reserve requirements.

4. National security exceptions include procurements made in support of safeguarding nuclear materials or technology.

5. The procurement process is the process that begins after an entity has decided on its requirement and continues through to and including contract award.

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Schedule of Colombia

This Chapter does not apply to:

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Annex 1401-7 Threshold Adjustment Formulas

1. The thresholds shall be adjusted at two-year intervals with each adjustment taking effect on January 1, beginning on January 1, 2010.

2. The thresholds for:

shall be adjusted in accordance with Annex 1001.1c of the North American Free Trade Agreement between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America, done at Mexico, Ottawa and Washington on 17 December 1992 (“North American Free Trade Agreement”). Canada shall notify Colombia in writing of the adjusted threshold values, in U.S. dollars, in December of the year before the adjusted thresholds take effect.

3. The threshold for construction services in Annex 1401-1 Central Level Entities for Canada and for Colombia shall be converted into the domestic currencies of the Parties based on an average daily conversion rates of the Canadian dollar for Canada and Pesos for Colombia in terms of SDRs, published by the IMF in its monthly “International Financial Statistics,” for the two year period preceding October 1 or November 1 of the year before the adjusted threshold is to take effect.

4. Each Party shall notify the other in writing of its adjusted thresholds in their domestic currencies by January 15 of the year in which the adjusted threshold takes effect.

5. Where a major change in a national currency of either Party during a year creates a significant problem with regard to the application of this Chapter, the Parties shall consult as to whether an interim adjustment is appropriate.

6. In the event that:

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Annex 1401-8 Colombian Authorities for the Purpose of Article 1412

In the case of Colombia, the Tribunal Contencioso Administrativo and Consejo de Estado are impartial authorities for the purposes of paragraph 2 of Article 1412. As these impartial authorities do not have authority to provide the interim measures referred to in Paragraph 5 of Article 1412, the remedies available to the Procuraduría General de la Nación shall be deemed to satisfy the requirements of that paragraph. The Procuraduría General de la Nación is an independent agency that has the authority to suspend tendering procedures and the awarding of a contract in the course of any disciplinary proceedings brought against the government agents responsible for a procurement.

Annex 1401-9 Extended Transparency Commitments

The provisions of Article 1402, Article 1404; Article 1405; paragraphs 1, 10,11 and subparagraph 4(b) of Article 1406; paragraphs 6 and 8 of Article 1407; paragraph 1 of Article 1408; paragraphs 4 and 5 of Article 1410; and Article 1411 apply where:

(a)  the procuring entity uses an open tendering process; and

(b)  the procurement is for goods, services and construction services in excess of CDN $150,000 for Canada and COP $300,000,000 for Colombia for entities listed in Annex 1401-1 and is otherwise excluded by Annexes 1401-3 (Goods), 1401-4 (Services), and 1401-5 (Construction Services).

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Annex 1401-10 Non - Covered Entities

Pursuant to its Law 1150 of 2007, Colombia shall ensure that each of the following listed Colombian entities conducts its procurements in a transparent manner, in accordance with commercial considerations, and treats Canadian suppliers at least as favorably as it treats domestic and other foreign suppliers with respect to all aspects of its procurement including the conditions, requirements, procedures and awarding rules for a procurement.

Schedule of Colombia

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