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I have read, re-read, written and re-written the above referenced section and this post three times already. Just when I think I have it, it doesn't end up making sense to me. Under exceptions of FAR 25.103e it states "(e) Information technology that is a commercial item. The restriction on purchasing foreign end products does not apply to the acquisition of information technology that is a commercial item, when using fiscal year 2004 or subsequent fiscal year funds (Section 535(a) of Division F, Title V, Consolidated Appropriations Act, 2004, and similar sections in subsequent appropriations acts)."

I understand the early part of this section, but it is the later that I am not certain about. For an IT product to be considered exempt it must be a) commercial, and B ) using funds on or after 2004. Is that it?

So if a computer or a device is a commercial item (and the one in question is a widely available commercial item), manufactured in a non-TAA compliant country, it can still be acquired under a FAR 25.103e exemption? Seems straight forward, but why am I questioning myself on drawing this conclusion?

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I understand the early part of this section, but it is the later that I am not certain about. For an IT product to be considered exempt it must be a) commercial, and B ) using funds on or after 2004. Is that it?

Yes, that's it.

So if a computer or a device is a commercial item (and the one in question is a widely available commercial item), manufactured in a non-TAA compliant country, it can still be acquired under a FAR 25.103e exemption? Seems straight forward, but why am I questioning myself on drawing this conclusion?

Not necessarily. FAR 25.103(e) is an exception to the Buy American Act, not the Trade Agreements Act. The purchase restriction at FAR 25.403( c ) would still apply.

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Yes, that's it.

Not necessarily. FAR 25.103(e) is an exception to the Buy American Act, not the Trade Agreements Act. The purchase restriction at FAR 25.403( c ) would still apply.

Oh for (bleeps) sake! Now I feel stupid...thanks for pointing out the obvious to me. I feel like Fredo now.

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