Posted February 9, 201510 yr comment_25334 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?
February 9, 201510 yr comment_25335 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.
February 9, 201510 yr Author comment_25336 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.
