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  1. Here's the situation: I'm looking at awarding multiple FAR 13 Blanket Purchase Agreements for the repetitive purchases of commodities well below the micro-purchase threshold. The commodities being purchased all perform the same general function, but they come in different shapes, sizes, colors, and materials. We don't know what exact item we need until the actual need arises, preventing the consolidation of orders. No single purchase will exceed the micro-purchase threshold, and the total value of all purchases made under each BPA is reasonably expected to exceed $500,000. How does the Buy American Act and the Trade Agreements Acts in FAR 25 apply to these BPAs? Seeing as BPAs are not contracts, and each call made against the BPAs will be below the micro-purchase threshold, one could argue the point that FAR 25 doesn't apply on the basis that each individual call is the contract. But then again, "bulk funding documents" may be used and the total value of all calls against each BPA will definitely exceed the applicable thresholds for BAA and TAA. Clearly, the safest route is to assume the BAA and TAA apply to the BPAs. Due to marketplace conditions and manufacturing capabilities, it's anticipated that it will take a mix of products manufactured overseas in both TAA and non-TAA countries to meet our needs. Sources of domestically manufactured products don't really exist, so I don't expect the BAA to be an issue due to non-availability. However, it's the inclusion of non-TAA items that concerns me. Restricting these BPAs to only TAA compliant items will severely limit our ability to fulfill our needs. What factor determines the applicability of the BAA and TAA regarding FAR 13 BPAs: the aggregate value of BPA, or the individual value of each call? I've been searching for answers, precedents, and anything else I could find. I'm curious what the experts in the field think about this. Due to the complexity of the BAA and TAA, I probably should seek out legal counsel. However, I'm not quite ready to do that yet.
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