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NAFTA & Small Business
By curious on Wednesday, June 13, 2001 - 03:44 pm:

http://www.itcilo.it/english/actrav/telearn/global/ilo/blokit/nafta12.htm

The above is a link to Chapter 10 of NAFTA which covers Government Procurement. The applicable $ thresholds are identified (Article 1002), instruction for publishing of a requirement (Article 1010), publishing time requirements/limits (Article 1012 - this is what we see in FAR 5.203(h) ie: a 40 day requirement) etc.

The interesting thing is, on page 48 of 52 it clearly states that:

NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THIS CHAPTER DOES NOT APPLY TO SET ASIDES ON BEHALF OF SMALL AND MINORITY BUSINESSES.

What does this really mean? Is NAFTA not applicable to procurements that are set-aside? I know it can't be that simple - can someone explain?


By Anon2U on Wednesday, June 13, 2001 - 07:54 pm:

I would appreciate it if someone can explain how NAFTA affects procurements. I thought it just made the member countries equal so that the buy american act didn't apply. Does it go deeper? Please save me a bunch of research if you can.


By ANON ZELDA on Thursday, June 14, 2001 - 10:58 am:

To Curious, Actually it is that simple. NAFTA is a trade agreement, and trade agreements do not apply to acquisitions set aside for small businesses. See FAR 25.4 and 25.401. To: Anon2U, See FAR 25.405 for that information.

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