![]() the TAA is applicable to all SEWP Contracts. or a designated country."Īt least one of our BPA holders also has a NASA SEWP contract, and will accept an order for the modules that way. ![]() In relevant part: " All Schedule products and services must come from the U.S. Our BPA holders will not accept a call against our GSA BPA for the module itself, citing GSA's website at: The logic is, the switch is made in Mexico and is expensive, whereas the module is made in China and is cheap the unit is considered made in Mexico as a whole and is therefore TAA compliant. Part number J9150A is available through GSA Advantage, but (according to our BPA holders and HP direct) is "TAA compliant" only if assembled at point-of-sale with a switch. Assume for the purposes of this discussion that the modules themselves are made in China (the truth is more complicated, but does not further this discussion). The LAN switches these modules will be plugged into are made in Mexico. The purchase will be on the order of 30 units, and we estimate that to be on the order of $21,000.00. We now have a need to purchase a moderate quantity of part number J9150A, which is (for the purpose of this discussion) a plug-in module for a LAN switch. The three vendors are given fair opportunity to compete for individual calls. My agency has a multiple-award GSA BPA with three resellers of Hewlett-Packard (HP) LAN switches and related equipment. I can't formulate a logical response to a client about an intended acquisition strategy, though admittedly not everything we do is logical. There is simply no need for the TAA waiver if the acquisition is not restricted by the BAA – there is nothing to waive.Īpologies for resurrecting an old topic, but I have a specific situation related to this that has me thinking in circles. I suggest that if BAA is not required at all then there is no need to proceed with implementing the TAA waiver to BAA. If there are restrictions that require the mandatory use of BAA then TAA is not triggered. ![]() Note that the agency must review the acquisition first for BAA applicability before implementing TAA. Offers of eligible products receive equal consideration with domestic offers. In acquisitions covered by the WTO GPA, Free Trade Agreements, or the Israeli Trade Act, the USTR has waived the Buy American statute and other discriminatory provisions for eligible products. ![]() The President has delegated this waiver authority to the U.S. 2501, et seq.) provides the authority for the President to waive the Buy American Act and other discriminatory provisions for eligible products from countries that have signed an international trade agreement with the United States, or that meet certain other criteria, such as being a least developed country. If the agency has not made such a determination, the contracting officer must follow agency procedures.įAR 25.402(a) (1) The Trade Agreements statute (19 U.S.C. Subpart 25.11 – Solicitation Provisions and Contract ClausesĢ5.1101 (c ) (1) Insert the clause at 52.225-5, Trade Agreements, in solicitations and contracts valued at $204,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products. The agency must do 2 things before inserting the TAA clause: ![]()
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