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Steve Miller

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  1. Thanks for all the advice! My experience is the same as yours: the "end product" or "end item" is a deliverable. But, I wanted to see if things have changed. It's been decades, since I've dealt with this. In this case, the deliverable is a 30% design. Various supplies and equipment will be bought to test the technology involved in the design, but none will be delivered as an end item. Of course, since this is a cost-type contract, the Gov't has title to everything. Still, I will argue that the Buy American Act and the WTO GPA do not apply, because no supplies will be furnished to the Gov't. Since 2006, I've benefited from the advice given on this forum. This is my first post. As always, the advice is invaluable!!!
  2. Sorry, I was thinking of another contract. The first phase is over $100M.
  3. And thanks for insight so far! I did not realize that the TAA is the one to watch.
  4. This first phase is $5M. After that, it gets much, much more expensive. The other country is the Netherlands.
  5. I am employed by a prime contractor supporting DOE. I have a question about clause FAR 52.225-1, “Buy American-Supplies.” Here is the definition of an end product: “End product means those articles, materials, and supplies to be acquired under the contract for public use.” Does the phrase, “…acquired under the contract for public use…,” apply to just what’s delivered to the Government or does it apply to all material/supplies a contractor may acquire to perform under the contract even if they are not delivered to the Government? Currently, the subcontractor is buying equipment and material to confirm that it has designed and can produce a new type of thermoelectric generator. In this phase, the deliverables are presentations and reports. In the next phase, the subcontractor will be issued a contract to produce the generators. I think the end product is the generator that will be produced in the next phase. If so, that means that the materials and supplies bought during this phase to develop and test the design are not end products, but I'm not sure. Since this is a cost-type contract, I realize the Gov’t obtains title to the material and equipment. A small portion of the cost is for raw material from a country friendly to the USA. Under this contract, it will be used to produce sample components for testing.
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