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:
- (a) for procurement of goods and services: 130,000 SDRs; and
- (b) for procurement of construction services: 5,000,000 SDRs.
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:
- 1. Advisory Council on Historic Preservation
- 2. African Development Foundation
- 3. Alaska Natural Gas Transportation System
- 4. American Battle Monuments Commission
- 5. Appalachian Regional Commission
- 6. Broadcasting Board of Governors
- 7. Commission of Fine Arts
- 8. Commission on Civil Rights
- 9. Commodity Futures Trading Commission
- 10. Consumer Product Safety Commission
- 11. Corporation for National and Community Service
- 12. Court Services and Offender Supervision Agency for the District of Columbia
- 13. Delaware River Basin Commission
- 14. Denali Commission
- 15. Department of Agriculture (Note 1)
- 16. Department of Commerce (Note 2)
- 17. Department of Defense (Note 3)
- 18. Department of Education
- 19. Department of Energy (Note 4)
- 20. Department of Health and Human Services
- 21. Department of Homeland Security (Note 5)
- 22. Department of Housing and Urban Development
- 23. Department of the Interior, including the Bureau of Reclamation
- 24. Department of Justice
- 25. Department of Labor
- 26. Department of State
- 27. Department of Transportation (Note 6)
- 28. Department of the Treasury
- 29. Department of Veterans Affairs
- 30. Environmental Protection Agency
- 31. Equal Employment Opportunity Commission
- 32. Executive Office of the President
- 33. Export-Import Bank of the United States
- 34. Farm Credit Administration
- 35. Federal Communications Commission
- 36. Federal Crop Insurance Corporation
- 37. Federal Deposit Insurance Corporation
- 38. Federal Election Commission
- 39. Federal Energy Regulatory Commission
- 40. Federal Home Loan Mortgage Corporation
- 41. Federal Housing Finance Agency
- 42. Federal Labor Relations Authority
- 43. Federal Maritime Commission
- 44. Federal Mediation and Conciliation Service
- 45. Federal Mine Safety and Health Review Commission
- 46. Federal Prison Industries, Inc.
- 47. Federal Reserve System
- 48. Federal Retirement Thrift Investment Board
- 49. Federal Trade Commission
- 50. General Services Administration (Note 7)
- 51. Government National Mortgage Association
- 52. Holocaust Memorial Council
- 53. Inter-American Foundation
- 54. Merit Systems Protection Board
- 55. Millennium Challenge Corporation
- 56. National Aeronautics and Space Administration
- 57. National Archives and Records Administration
- 58. National Assessment Governing Board
- 59. National Capital Planning Commission
- 60. National Council on Disability
- 61. National Credit Union Administration
- 62. National Endowment for the Arts
- 63. National Endowment for the Humanities
- 64. National Foundation on the Arts and the Humanities
- 65. National Labor Relations Board
- 66. National Mediation Board
- 67. National Science Foundation
- 68. National Transportation Safety Board
- 69. Nuclear Regulatory Commission
- 70. Occupational Safety and Health Review Commission
- 71. Office of Government Ethics
- 72. Office of Personnel Management
- 73. Office of Special Counsel
- 74. Overseas Private Investment Corporation
- 75. Peace Corps
- 76. Railroad Retirement Board
- 77. Securities and Exchange Commission
- 78. Selective Service System
- 79. Small Business Administration
- 80. Smithsonian Institution
- 81. Social Security Administration
- 82. Susquehanna River Basin Commission
- 83. U.S. Marine Mammal Commission
- 84. United States Access Board
- 85. United States Agency for International Development
- 86. United States International Trade Commission
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:
- (a) Chapter 15 (Government Procurement) shall not cover procurement of any good described in any Federal Supply Code classification (for complete listing of U.S. Federal Supply Classification, see any of the following Federal Supply Code (FSC), which can be found in the Product Code Section of the Federal Procurement Data System Product and Service Code Manual at https://www.acquisition.gov) listed below:
| FSC | Description |
|---|---|
| FSC 11 | Nuclear Ordnance |
| FSC 18 | Space Vehicles |
| FSC 19 | Ships, 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 20 | Ship and Marine Equipment (the part of this classification defined as naval vessels or major components of the hull or superstructure thereof) |
| FSC 2310 | Passenger Motor Vehicles (only buses) |
| FSC 2350 | Combat, Assault & Tactical Vehicles, Tracked |
| FSC 51 | Hand Tools |
| FSC 52 | Measuring Tools |
| FSC 60 | Fiber Optics Materials, Components, Assemblies and Accessories |
| FSC 8140 | Ammunition & Nuclear Ordnance Boxes, Packages & Special Containers |
| FSC 83 | Textiles, Leather, Furs, Apparel, Shoes, Tents and Flags (all elements other than pins, needles, sewing kits, flagstaffs, flagpoles and flagstaff trucks) |
| FSC 84 | Clothing, Individual Equipment and Insignia (all elements other than sub-class 8460 - luggage) |
| FSC 89 | Subsistence (all elements other than sub-class 8975- tobacco products) |
- (b) Chapter 15 (Government Procurement) shall not cover procurement of any specialty metal or any good containing one or more specialty metals. Specialty metal means:
- (i) steel for which the maximum alloy content exceeds one or more of the following levels: manganese, 1.65 per cent; silicon, 0.60 per cent; or copper, 0.60 per cent;
- (ii) steel that contains more than 0.25 per cent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten or vanadium;
- (iii) a metal alloy consisting of a nickel, iron-nickel or cobalt base alloy that contains a total of other alloying metals (except iron) in excess of 10 per cent;
- (iv) titanium or a titanium alloy; or
- (v) zirconium or a zirconium base alloy.
- (c) Chapter 15 (Government Procurement) generally shall not cover procurement of any good described in any of the following FSC classifications, due to the application of Article 29.2 (Security Exceptions):
| FSC | Description |
|---|---|
| FSC 10 | Weapons |
| FSC 12 | Fire Control Equipment |
| FSC 13 | Ammunitions and Explosives |
| FSC 14 | Guided Missiles |
| FSC 15 | Aircraft and Airframe Structural Components |
| FSC 16 | Aircraft Components and Accessories |
| FSC 17 | Aircraft Launching, Landing and Ground Handling Equipment |
| FSC 19 | Ships, Small Craft, Pontoons and Floating Docks |
| FSC 20 | Ship and Marine Equipment |
| FSC 28 | Engines, Turbines and Components |
| FSC 31 | Bearings |
| FSC 58 | Communications, Detection and Coherent Radiation |
| FSC 59 | Electrical and Electronic Equipment Components |
| FSC 95 | Metal 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:
- (a) any good or service that supports the safeguarding of nuclear materials or technology, where the Department of Energy conducts the procurement under the authority of the Atomic Energy Act; or
- (b) any oil purchase related to the Strategic Petroleum Reserve.
5. Department of Homeland Security:
- (a) Chapter 15 (Government Procurement) shall not cover procurement by the Transportation Security Administration of FSC 83 (Textiles, Leather, Furs, Apparel, Shoes, Tents and Flags) and FSC 84 (Clothing, Individual Equipment and Insignia).
- (b) The national security considerations applicable to the Department of Defense shall apply equally to the U.S. Coast Guard.
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:
| FSC | Description |
|---|---|
| FSC 51 | Hand Tools |
| FSC 52 | Measuring Tools |
| FSC 7340 | Cutlery 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:
- (a) for procurement of goods and services: US$250,000; and
- (b) for procurement of construction services: 5,000,000 SDRs
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:
- 1. Tennessee Valley Authority
- 2. Bonneville Power Administration
- 3. Western Area Power Administration
- 4. Southeastern Power Administration
- 5. Southwestern Power Administration
- 6. St. Lawrence Seaway Development Corporation
- Rural Utilities Service (Note 1)
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):
- (a) All transportation services, including Launching Services (CPC Categories 71, 72, 73, 74, 8859, 8868).
- (b) Operation of Government-Owned Facilities:
All facilities operated by the Department of Defense, Department of Energy and the National Aeronautics and Space Administration; and
for all entities listed in Sections A and C of this Schedule, Research and Development facilities.
- (c) Public utilities services, except enhanced (i.e., value-added) telecommunications services; and
- (d) Research and development.
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 Government Procurement Policies
Bid Protest Decisions of Government Accountability Office
US Civilian Board of Contract Appeals Decisions
Judicial Decisions:
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:
