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ARTICLES

LEGAL RESOURSES

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    • Article 1001: Scope and Coverage

    1. This Chapter applies to measures adopted or maintained by a Party relating to procurement:

  • By a federal government entity set out in Annex 1001.1a-1 (TLCAN: Anexo 1001.1a-1), a government enterprise set out in Annex 1001.1a-2 (TLCAN: Anexo 1001.1a-2), or a state or provincial government entity set out in Annex 1001.1a-3 (TLCAN: Anexo 1001.1a-3) in accordance with Article 1024 (TLCAN: Art. 1024);

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  • Of goods in accordance with Annex 1001.1b-1 (TLCAN: Anexo 1001.1b-1), services in accordance with Annex 1001.1b-2 (TLCAN: Anexo 1001.1b-2), or construction services in accordance with Annex 1001.1b-3 (TLCAN: Anexo 1001.1b-3); and

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  • Where the value of the contract to be awarded is estimated to be equal to or greater than a threshold, calculated and adjusted according to the U.S. inflation rate as set out in Annex 1001.1c (TLCAN: Anexo 1001.1c), of

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  • For federal government entities, US$50,000 for contracts for goods, services or any combination thereof, and US$6.5 million for contracts for construction services,

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  • For government enterprises, US$250,000 for contracts for goods, services or any combination thereof, and US$8.0 million for contracts for construction services, and

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  • For state and provincial government entities, the applicable threshold, as set out in Annex 1001.1a-3 (TLCAN: Anexo 1001.1a-3) in accordance with Article 1024 (TLCAN: Art. 1024).

    • 2. Paragraph 1 is subject to:

  • The transitional provisions set out in Annex 1001.2a (TLCAN: Anexo 1001.2b);

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  • The General Notes set out in Annex 1001.2b (TLCAN: Anexo 1001.2b); and

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  • Annex 1001.2c (TLCAN: Anexo 1001.2c), for the Parties specified therein.

    • 3. Subject to paragraph 4, where a contract to be awarded by an entity is not covered by this Chapter, this Chapter shall not be construed to cover any good or service component of that contract.

    4. No Party may prepare, design or otherwise structure any procurement contract in order to avoid the obligations of this Chapter.

    5. Procurement includes procurement by such methods as purchase, lease or rental, with or without an option to buy. Procurement does not include:

  • Non-contractual agreements or any form of government assistance, including cooperative agreements, grants, loans, equity infusions, guarantees, fiscal incentives, and government provision of goods and services to persons or state, provincial and regional governments; and

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  • The acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions and sale and distribution services for government debt.