Consolidated TPP Text – Annex 15-A – Schedule of United States

Section A: Central Government Entities

Thresholds:

1. Chapter 15 (Government Procurement) shall apply to the entities of the central level of government listed in this Section where the value of the procurement is estimated, in accordance with Article 15.2.8 (Scope) and Article 15.2.9, to equal or exceed:

The thresholds set out in this paragraph shall be adjusted in accordance with Section H of this Schedule.

2. Unless otherwise specified herein, Chapter 15 (Government Procurement) shall apply to all agencies subordinate to the entities listed in this Section.

List of Entities:

Notes to Section A

1. Department of Agriculture: Chapter 15 (Government Procurement) shall not cover procurement of any agricultural good made in furtherance of an agricultural support program or a human feeding program.

2. Department of Commerce: Chapter 15 (Government Procurement) shall not cover procurement of any good or service related to the shipbuilding activities of the U.S. National Oceanic and Atmospheric Administration.

3. Department of Defense:

Federal Supply Code classification
FSCDescription
FSC 11Nuclear Ordnance
FSC 18Space Vehicles
FSC 19Ships, Small Craft, Pontoons and Floating Docks (the part of this classification defined as naval vessels or major components of the hull or superstructure thereof)
FSC 20Ship and Marine Equipment (the part of this classification defined as naval vessels or major components of the hull or superstructure thereof)
FSC 2310Passenger Motor Vehicles (only buses)
FSC 2350Combat, Assault & Tactical Vehicles, Tracked
FSC 51Hand Tools
FSC 52Measuring Tools
FSC 60Fiber Optics Materials, Components, Assemblies and Accessories
FSC 8140Ammunition & Nuclear Ordnance Boxes, Packages & Special Containers
FSC 83Textiles, Leather, Furs, Apparel, Shoes, Tents and Flags (all elements other than pins, needles, sewing kits, flagstaffs, flagpoles and flagstaff trucks)
FSC 84Clothing, Individual Equipment and Insignia (all elements other than sub-class 8460 - luggage)
FSC 89Subsistence (all elements other than sub-class 8975- tobacco products)
Federal Supply Code classification
FSCDescription
FSC 10Weapons
FSC 12Fire Control Equipment
FSC 13Ammunitions and Explosives
FSC 14Guided Missiles
FSC 15Aircraft and Airframe Structural Components
FSC 16Aircraft Components and Accessories
FSC 17Aircraft Launching, Landing and Ground Handling Equipment
FSC 19Ships, Small Craft, Pontoons and Floating Docks
FSC 20Ship and Marine Equipment
FSC 28Engines, Turbines and Components
FSC 31Bearings
FSC 58Communications, Detection and Coherent Radiation
FSC 59Electrical and Electronic Equipment Components
FSC 95Metal Bars, Sheets and Shapes

4. Department of Energy: Due to the application of Article 29.2 (Security Exceptions), Chapter 15 (Government Procurement) shall not cover procurement of:

5. Department of Homeland Security:

6. Department of Transportation: Chapter 15 (Government Procurement) shall not cover procurement by the Federal Aviation Administration.

7. General Services Administration: Chapter 15 (Government Procurement) shall not cover procurement of any good in any of the following FSC classifications:

Federal Supply Code classification
FSCDescription
FSC 51Hand Tools
FSC 52Measuring Tools
FSC 7340Cutlery and Flatware

8. For goods and services including construction services of Japan and suppliers of such goods and services, Chapter 15 (Government Procurement) shall not cover procurement by the National Aeronautics and Space Administration.

9. For goods and services, including construction services, of Viet Nam and suppliers of such goods and services, Chapter 15 (Government Procurement) shall apply only to the following entities for the Department of Defense:

Department of Defense Education Activity
Defense Commissary Agency

The United States is prepared to amend this Note at such time as coverage with respect to the Ministry of National Defense can be resolved with Viet Nam.

Section B: Sub-Central Government Entities

None.

Section C: Other Entities

Thresholds:

1. Chapter 15 (Government Procurement) shall apply to the other covered entities listed in this Section where the value of the procurement is estimated, in accordance with Article 15.2.8 (Scope) and Article 15.2.9, to equal or exceed:

The monetary threshold set out in subparagraph (b) shall be adjusted in accordance with Section H of this Schedule.

2. Unless otherwise specified herein, Chapter 15 (Government Procurement) shall apply only to the entities listed in this Section.

List of Entities:

Notes to Section C

1. The Rural Utilities Service shall not impose any domestic purchase requirement as a condition of its financing of any power generation or telecommunication project that exceeds the thresholds specified above. The Rural Utilities Service undertakes no other commitments with respect to its financing of power generation and telecommunications projects.

2. For goods and services, including construction services, of Malaysia and suppliers of such goods and services, Chapter 15 (Government Procurement) shall not cover procurement by entities listed in this Section that are responsible for the generation or distribution of electricity, including the commitment with respect to financing provided by the Rural Utilities Service of power generation projects described in Note 1 to this Section.

Section D: Goods

Chapter 15 (Government Procurement) shall cover all goods procured by the entities listed in Sections A and C, subject to the Notes to the respective Sections and the General Notes.

Section E: Services

Chapter 15 (Government Procurement) shall cover all services procured by the entities listed in Sections A and C, subject to the Notes to the respective Sections, the General Notes and the Notes to this Section, except for the services excluded in the Schedule of a Party.

Notes to Section E

1. Chapter 15 (Government Procurement) shall not cover procurement of any of the following services, as identified in accordance with the Provisional Central Product Classification (CPC), which is found at: Provisional Central Product Classification (CPC):

2. Chapter 15 (Government Procurement) shall not cover procurement of any service in support of military forces located overseas.

Section F: Construction Services

Chapter 15 (Government Procurement) shall cover all construction services procured by the entities listed in Sections A and C, listed in Division 51 of the Provisional Central Product Classification (CPC), which is found at: http://unstats.un.org/unsd/cr/registry/regcs.asp?C1=9&Lg=51, subject to the Notes to the respective Sections, the General Notes and the Notes to this Section, except for the construction services excluded in the Schedule of a Party.

Note to Section F

Chapter 15 (Government Procurement) shall not cover procurement of dredging services.

Section G: General Notes

Unless otherwise specified herein, the following General Notes shall apply without exception to Chapter 15 (Government Procurement), including to all sections of this Schedule.

1. Chapter 15 (Government Procurement) shall not apply to any set-aside on behalf of a small- or minority-owned business. A set-aside may include any form of preference, such as the exclusive right to provide a good or service, or any price preference.

2. Except as specified otherwise in this Schedule, Chapter 15 (Government Procurement) shall not apply to non-contractual agreements or any form of government assistance, including governmental provision of goods and services to persons or governmental authorities not specifically covered under this Schedule.

3. Where a contract is to be awarded by an entity that is not covered by Chapter 15 (Government Procurement), Chapter 15 shall not be construed to cover any good or service component of that contract.

4. Chapter 15 (Government Procurement) shall not cover procurement of transportation services that form a part of, or are incidental to, a procurement contract.

Section H: Threshold Adjustment Formula

1. Any threshold denominated in Special Drawing Rights (SDRs) shall be adjusted in every even-numbered year, with each adjustment taking effect on January 1, beginning on January 1 of the first even-numbered year after the date of entry into force of this Agreement for the United States.

2. The adjustments shall be based on an average of the daily conversion rates of the U.S. dollar 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 thresholds are to take effect.

3. The Parties shall consult if any major change in a national currency relative to SDRs or another Party’s currency creates a significant problem with regard to the application of Chapter 15 (Government Procurement).

Section I: Procurement Information

Publications utilised by the United States for the publication of notices of intended procurement and of post-award notices and the publication annually of information on permanent lists of qualified suppliers in the case of selective tendering procedures:

Federal Business Opportunities

Laws, regulations, judicial decisions, administrative rulings and procedures regarding government procurement for entities listed in Section A are published on the following websites:

US Federal Laws (primarily US Code Titles 10 and 41)

Federal Acquisition Regulation (FAR)

Agency Supplemental Regulations

Federal Register

Federal Government Procurement Policies

Bid Protest Decisions of Government Accountability Office

US Civilian Board of Contract Appeals Decisions

Judicial Decisions:

US Court of Federal Claims (jurisdiction includes claims related to government contracts, including bid protests)

US Court of Appeals for the Federal Circuit (jurisdiction includes appeals from the US Civilian Boards of Contract Appeals)

Laws, judicial decisions, administrative rulings and procedures regarding government procurement for entities listed in Section C are available directly from the listed entities.

Section J: Transitional Measures

None.

Date Modified: