(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 Bahrain FTA,
Service Codes from the CAFTA-DR, Chile
Federal Procurement Data FTA, Columbia
System Product/Service Code WTO GPA AND FTA, NAFTA, Singapore FTA Australia and
Manual are indicated in KOREA FTA Oman FTA, Morocco FTA
parentheses for some Panama FTA, and
(1) All services purchased in X X X X
support of military
(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(6) Transportation services X X X X
(including launching
services, but not
including travel agent
services).(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
(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; 71 FR 219, Jan. 3, 2006; 71 FR 20307, Apr. 19, 2006; 71 FR 36937, June 28, 2006; 71 FR 67777, Nov. 22, 2006; 74 FR 28428, June 15, 2009; 77 FR 13954, Mar. 7, 2012; 77 FR 27550, May 10, 2012; 77 FR 69724, Nov. 20, 2012; 78 FR 6189, Jan. 29, 2013]
(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; 71 FR 219, Jan. 3, 2006; 71 FR 20307, Apr. 19, 2006; 71 FR 36937, June 28, 2006; 71 FR 67777, Nov. 22, 2006; 74 FR 28428, June 15, 2009; 77 FR 13954, Mar. 7, 2012; 77 FR 27550, May 10, 2012; 77 FR 69724, Nov. 20, 2012; 78 FR 6189, Jan. 29, 2013]