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;

(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); and

(6) Goods and services specifically excluded under individual trade agreements, such as exceptions

negotiated by the U.S. Trade Representative for particular agencies. See the agency supplementary

regulations.

(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 Manual are indicated in

paren-theses for some

services.)

WTO

GPA

and

KOREA

FTA

Bahrain

FTA,

CAFTA-DR,

Chile FTA,

Columbia

FTA,

USMCA,

Oman FTA,

Panama

FTA, and

Peru FTA

Singapore

FTA

Australia

and

Morocco

FTA

(1)

All services purchased in

support of military services

overseas.

X X X X
(2)

(i) Automatic data processing

(ADP) telecommunications

and transmission services

(D304), except enhanced (i.e., value-added)

telecommunications services.

XX

(ii) ADP teleprocessing and

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).

XX

(iii) Basic

telecommunications network

services ( i.e., voice

telephone services, packetswitched data transmission

services, circuit-switched

data transmission services,

telex services, facsimile

services, and private leased

circuit services, but not

information services, as

defined in 47 U.S.C.153(24)).

**XX

(3) Dredging.XXXX

(4)

(i) Operation and

management contracts of

certain Government or

privately owned facilities

used for Government

purposes, including

Federally Funded Research

and Development Centers.

XX
(ii) Operation of all

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.

** X ** X

(5) Research and development. X X X X

(6)

Transportation services

(including launching

services, but not including

travel agent services).

X X X X

(7) Utility services. X X X X

(8)

Maintenance, repair,

modification, rebuilding and

installation of equipment

related to ships (J019).

X X

(9) Nonnuclear ship repair

(J998). X X

* Note1. 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.

** Note2. 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.

Parent topic: Subpart 25.4 - Trade Agreements