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Executive Order 12260--Agreement on Government Procurement

Source: The provisions of Executive Order 12260 of Dec. 31, 1980, appear at 46 FR 1653, 3 CFR, 1980 Comp., p. 311, unless otherwise noted.

By the authority vested in me as President by the Constitution and statutes of the United States of America, including Title III of the Trade Agreements Act of 1979 (19 U.S.C. 2511-2518), and Section 301 of Title 3 of the United States Code, and in order to implement the Agreement on Government Procurement, as defined in 19 U.S.C. 2518(1), it is hereby ordered as follows:

1-1. Responsibilities.

1-101. The obligations of the Agreement on Government Procurement (Agreement on Government Procurement, General Agreement on Tariffs and Trade, 12 April 1979, Geneva (GATT 1979)) apply to any procurement of eligible products by the Executive agencies listed in the Annex to this Order (eligible products are defined in Section 308 of the Trade Agreements Act of 1979; 19 U.S.C. 2518(4)). Such procurement shall be in accord with the policies and procedures of the Office of Federal Procurement Policy (41 U.S.C. 401 et seq.).

1-102. The United States Trade Representative, hereinafter referred to as the Trade Representative, shall be responsible for interpretation of the Agreement. The Trade Representative shall seek the advice of the interagency organization established under Section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)) and consult with affected Executive agencies, including the Office of Federal Procurement Policy.

1-103. The interpretation of Article VIII:1 of the Agreement shall be subject to the concurrence of the Secretary of Defense.

1-104. The Trade Representative shall determine, from time to time, the dollar equivalent of 150,000 Special Drawing Right units and shall publish that determination in the Federal Register. Procurement of less than 150,000 Special Drawing Right units is not subject to the Agreement or this Order (Article I:1(b) of the Agreement).

1-105. In order to ensure coordination of international trade policy with regard to the implementation of the Agreement, agencies shall consult in advance with the Trade Representative about negotiations with foreign governments or instrumentalities which concern government procurement.

1-2. Delegations and Authorization.

1-201. The functions vested in the President by Sections 301, 302, 304, 305(c) and 306 of the Trade Agreements Act of 1979 (19 U.S.C. 2511, 2512, 2514, 2515(c) and 2516) are delegated to the Trade Representative.

1-202. Notwithstanding the delegation in Section 1-201, the Secretary of Defense is authorized, in accord with Section 302(b)(3) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(b)(3), to waive the prohibitions specified therein.

Annex

  1. ACTION
  2. Administrative Conference of the United States
  3. American Battle Monuments Commission
  4. Board for International Broadcasting
  5. Civil Aeronautics Board1
  6. Commission on Civil Rights
  7. Commodity Futures Trading Commission
  8. Consumer Product Safety Commission
  9. Department of Agriculture (The Agreement on Government Procurement does not apply to procurement of agricultural products made in furtherance of agricultural support programs or human feeding programs)
  10. Department of Commerce
  11. Department of Defense (Excludes Corps of Engineers)
  12. Department of Education
  13. Department of Health and Human Services
  14. Department of Housing and Urban Development
  15. Department of the Interior (Excludes the Bureau of Reclamation2
  16. Department of Justice
  17. Department of Labor
  18. Department of State
  19. Department of the Treasury
  20. Environmental Protection Agency
  21. Equal Employment Opportunity Commission
  22. Executive Office of the President
  23. Export-Import Bank of the United States
  24. Farm Credit Administration
  25. Federal Communications Commission
  26. Federal Deposit Insurance Corporation
  27. Federal Home Loan Bank Board
  28. Federal Maritime Commission
  29. Federal Mediation and Conciliation Service
  30. Federal Trade Commission
  31. General Services Administration (Purchases by the Tools Commodity Center, and the Region 9 Office in San Francisco, California are not included)
  32. Interstate Commerce Commission
  33. Merit Systems Protection Board
  34. National Aeronautics and Space Administration
  35. National Credit Union Administration
  36. National Labor Relations Board
  37. National Mediation Board
  38. National Science Foundation
  39. National Transportation Safety Board
  40. Nuclear Regulatory Commission
  41. Office of Personnel Management
  42. Overseas Private Investment Corporation
  43. Panama Canal Commission
  44. Railroad Retirement Board
  45. Securities and Exchange Commission
  46. Selective Service System
  47. Smithsonian Institution
  48. United States Arms Control and Disarmament Agency
  49. United States Information Agency
  50. United States International Development Cooperation Agency
  51. United States International Trade Commission
  52. Veterans Administration
  53. Maritime Administration of the Department of Transportation
  54. The Peace Corps

[Annex amended by Executive Order 12347 of Feb. 23, 1982, 47 FR 8149, 3 CFR, 1982 Comp., p. 133; Executive Order 12388 of Oct. 14, 1982, 47 FR 46245, 3 CFR, 1982 Comp., p. 225; Executive Order 12474 of Apr. 17, 1984, 49 FR 15539, 3 CFR, 1984 Comp., p. 202]

1Editorial note: The functions of the Civil Aeronautics Board were terminated or transferred to the Department of Transportation, Department of Justice, and the United States Postal Service by Pub. L. 95-504 (92 Stat. 1705, 49 U.S.C. 1551) effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

2Editorial note: Redesignated as the Water and Power Resources Service by Secretarial Order No. 3042 of Nov. 6, 1979.

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