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Buy American Act - Debriefing


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Hi,

Question One:

We were notified that we did not win a contract awarded by the defense agency. The proposal contained the BAA. We believe that the company who won manufacturers their end item in China. Our product is manufactured domestically. It is my understanding that our price would have been evaluated at face value, while the competitor's offer would have been evaluated at face value +50%. Is my understanding correct?

Question Two:

My second question is during the debriefing does the CO have to tell us if the other party specified their product as foreign manufactured? Does he have to state what country and tell us if any price evaluation factors were used?

Thank you,

contractadmin

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Hi,

Question One:

We were notified that we did not win a contract awarded by the defense agency. The proposal contained the BAA. We believe that the company who won manufacturers their end item in China. Our product is manufactured domestically. It is my understanding that our price would have been evaluated at face value, while the competitor's offer would have been evaluated at face value +50%. Is my understanding correct?

Question Two:

My second question is during the debriefing does the CO have to tell us if the other party specified their product as foreign manufactured? Does he have to state what country and tell us if any price evaluation factors were used?

Thank you,

contractadmin

1 - What BAA clause(s) were in the solicitation? To me, the BAA is one of the most confusing pieces of legislation dealing with acquisition. What dollar threshold was the acquisition?

2 - FAR 15.506(d) covers what, at a minimum, the debriefing information shall include, and none of the items mentioned in Question Two are contained in that section.

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1 - What BAA clause(s) were in the solicitation? To me, the BAA is one of the most confusing pieces of legislation dealing with acquisition. What dollar threshold was the acquisition?

2 - FAR 15.506(d) covers what, at a minimum, the debriefing information shall include, and none of the items mentioned in Question Two are contained in that section.

I don't know whether or not the two questions are related to 15.506 (d) or which BAA provisions arre in your contract or the dollar amount involved.

Paragraph 15.506 (d) says, in part:

"...(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror; and

(6) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed."

If this is applicable to the type of acquisition, you should be able to determine what make and model number of a commercial item is to be furnished, which might allow you to find out where it is made. If a price comparison evaluation is necessary, you can ask if it were made. If BAA applies and the products are made in China, products from that country are not considered to be domestic products for purposes of the BAA clauses. I also think that it is fair to ask where the products are made.

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Sorry - I should have identified what clauses were included in the soliciation. They were 252.225-7035 Buy American Act-Free Trade Agreements - Balance of Payments Certificates (June 2006), 252.225-7036 Buy American Act-Free Trade Agreements-Balance of Payments Program (June 2006) and 252.225-7001 Buy American Act and Balance of Payments Program (June 2005).

Thanks,

Contract Admin

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