Whynot Posted June 12, 2009 Report Share Posted June 12, 2009 I have seen several RFPs that include both the contract clauses 52.225-1 and 52.225-5, but do not include the associated solicitation provisions 52.225-2 or 52.225-6. How does this work? If a contractor does not provide a certification, how does the government make an award? And if an award is made (without certification or other representation), must the contract items be both BAA and TAA compliant, or one or the other compliant, or neither compliant? Link to comment Share on other sites More sharing options...
Don Mansfield Posted June 16, 2009 Report Share Posted June 16, 2009 Do the RFPs contain 52.204-8? Link to comment Share on other sites More sharing options...
Whynot Posted June 16, 2009 Author Report Share Posted June 16, 2009 The RFP that I am looking at now does - in section K. I assume that this provision invokes the applicable certifications in ORCA automatically. What about having both TAA/BAA clauses? Link to comment Share on other sites More sharing options...
ron vogt Posted June 16, 2009 Report Share Posted June 16, 2009 Both clauses should not be in there. The BAA applies below the appropriate threshold, and the TAA applies above. In fact, the prescription for 225-1 reads: "Insert the clause at 52.225-1, Buy American Act?Supplies, in solicitations and contracts ... if none of the clauses prescribed in paragraphs (b ) and (c ) of this section apply..." (b ) and (c ) then are the TAA clauses. Link to comment Share on other sites More sharing options...
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