Steel Coil Purchase for Use in Afganistan

[PhilBail]

If a contractor is selling steel coil to a prime contractor or the federal government for use in Afganistan, it is my understanding that the Buy American Act does not apply. However, does any trade agreement or World Trade Organization Government Procurement Agreement prevent the steel coil from being manufactured in India?

Phil

[Don Mansfield]

Phil,

1. DoD or non-DoD?

2. Does the acquisition equal or exceed $25,000? Does the acquisition equal or exceed $203,000?

3. Do any of the exceptions at FAR 25.401 apply?

25.401 Exceptions.

(a) This subpart does not apply to?

(1) Acquisitions set aside for small businesses;

(2) Acquisitions of arms, ammunition, or war materials, or purchases indispensable for national security or for national defense purposes;

(3) Acquisitions of end products for resale;

(4) Acquisitions from Federal Prison Industries, Inc., under Subpart 8.6, and acquisitions under Subpart 8.7, Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled; and

(5) Other acquisitions not using full and open competition, if authorized by Subpart 6.2 or 6.3, when the limitation of competition would preclude use of the procedures of this subpart; or sole source acquisitions justified in accordance with 13.501(a).