Centre’s attorneys regularly advise contractors on various Federal Government regulations, including the products and services requirements under the Buy American Act (BAA) and Trade Agreements Act (TAA). Centre’s team is well-versed with the board range of regulations and statutes that affect the day-to-day performance of government contracts. Our goal is to help our Clients understand their BAA and TAA requirements so they can achieve success without any business disruptions.

Our areas of practice include:

  • The Buy American Act ‘domestic end product’ compliance
  • The Trade Agreements Act ‘U.S. made end product’ compliance
  • Trade Agreements Act and GSA Schedules
  • VA Schedule Program product compliance
  • ‘Substantially transformed’ products counseling
  • ‘Country of origin’ determinations

Buy American Act & Trade Agreements Act FAQs

What is the Buy American Act?
Why do my products or services need to be compliant with the Trade Agreements Act?
What could happen if my products or services are not compliant?
I have additional questions about the BAA and TAA requirements. What should I do?
BUY AMERICAN ACT TRADE AGREEMENTS ACT
Applicability: Acquisitions valued below dollar thresholds in FAR 25.402

  • WTO GPA: $191K
  • NAFTA: $77,533K ($25K for Canadian supplies)
Applicability: Acquisitions valued above the thresholds in FAR 25.402

  • Below $191K (No WTO GPA)
  • Below $77,533K (No NAFTA/Mexico)
  • Below $25K (No NAFTA/Canada
Basic Requirement: Deliver “domestic end products” Basic Requirement: Deliver “U.S.-made or designated country end products”
Key Test:

  • Unmanufactured End Products “mined or produced in the United States”
  • Other End Products must be “manufactured in the United States” i.e., cost of components mined, produced, or manufactured in the U.S. exceeds 50% of the cost of all components (excepts for COTS items).
Key Test:

  • “Wholly” the growth, product, or manufacture of the country
  • Manufactured End Products: materials from another country have been “substantially transformed” in the FTA country into a “new and different article of commerce with a name, character, or use distinct from that of the article from which it was transformed.

Knowledge Center

 
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