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Buy American Act

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I'll apologize in advance for being dense, but I need some help with the Buy American Act. We are looking at making a supply purchase that is around $95K. One of the offers is from Canada. Reading 25.4, I understand that BAA applies under NAFTA to anything over $25K. But there is also a provision for the WTO Government Procurement Agreement (which Canada signed, 25.1) that has a limit of $194,000. I'm really not seeing a better definition for when this WTO agreement applies, can anyone help me?

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Bailers,

What Part 25 clauses/provisions did you include in your solicitation?

We used a combined synopsis/solicitation, and only included 52.225-13, Restrictions on Foreign Purchases.

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So you didn't tell offerors how you were going to evaluate foreign offers in the solicitation (which would be done by including the appropriate Part 25 clause and provision) and now you are wondering how to evaluate a foreign offer that you have received. Do you see a problem with that? Don't you think you should amend your solicitation to include the appropriate Part 25 clause and provision?

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I was afraid you were going to say that. I don't think we really anticipated foreign offers here, as it is a fairly small dollar figure. Maybe we will need to revisit our solicitation.

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I'm assuming you put in 52.212-5 and you checked 52.225-1 (I'm guessing that is the one you checked but whatever one acutally applies is fine) then you may be ok. The main thing is being able to evaluate the quote with the percentages in Part 25 (e.g. 6 or 12 percnet). In the representations and certifications in 52.212-3(f)(3) (and I believe all the reps and certs clauses have this), or the relevant clause you checked from above, there is the following language, "The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25."

Thus, as long as you include the Part 12 clauses and provisions, and check the the applicable clauses in 52.212-5, those Part 25 evaluation factors (12 percent / 6 percent) are, in my opinion, in your solicitation and you can evaluate using them per Part 25 policies and procedures because it is in the representations and certifications they are required to fill out and amend as appropriate for a paritcular submission.

Or when you said you only included the restrictions clause you only checked that box as far as the 25 clauses in 52.225-1 is concerned?

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