mgamby Posted May 1 Report Share Posted May 1 Good Morning! I could use another set of eyes, that can help me with this Buy American stuff….. For this scenario, after using the FAI Buy American Act tool, we solicited GSA SDVOSB set-aside for walk-through metal detectors (IGCE $26k) including 52.225-1 & 52.225-2 with no responses. Re-solicited SDVOSB set-aside on SAM.gov. and received two responses, both offered a product made in Italy. Their completion of 52.225-2 Buy American Act Certificate on the RFQ is how we found out about the country of origin. Upon review of FAR 25, noticed that the trade agreements do not kick-in until $176k and this item is not listed on the non-availability list listed at FAR 25.104 or VAAM 825.104. We are not able to request a waiver as market research shows there is at least one domestic company available to provide the item: GSA eLibrary Contractor Information, however, they are a small business, not an SDVOSB or VOSB. In doing the pre-award FAI Buy American Act tool, it is stating that we may now have to complete a BAA waiver. So was thinking about dissolving the SDVOSB set-aside and go SB on GSA. But, am worried about SDVOSB protesting cancellation of the open market solicitation since they were responsive but not compliant with Buy American Act. But in order to award, the SDVOSB has to be both certified SDVOSB AND provide a domestic product, correct? I would LOVE to get some input from you guys, if you have any ideas… Link to comment Share on other sites More sharing options...
joel hoffman Posted May 1 Report Share Posted May 1 How are they “responsive”? You said that they are non-compliant with the terms of the solicitation and a waiver is unavailable. Is this an IFB? Did you mean that they are “in compliance” (RFQ or RFP)? If so, how? Link to comment Share on other sites More sharing options...
joel hoffman Posted May 1 Report Share Posted May 1 Can one or both of the bidders or offerors provide the compliant product if you conduct discussions and allow them to revise their proposals (assuming not an IFB)? Link to comment Share on other sites More sharing options...
policyguy Posted May 2 Report Share Posted May 2 Suggest reaching out to Department of Commerce/NIST/MEP for assistance in identifying a domestic source. I seem to recall they are refenced in the Made in America EO 14005 to provide Departments/Agencies etc. assistance with meeting BAA. Additional information as follows: NIST/MEP Supplier Scouting Services: In order to help federal agencies meet their BABA requirements, the U.S. Department of Commerce, National Institute for Standards and Technology (NIST), Hollings Manufacturing Extension Partnership (MEP) National Network™ connects U.S. manufacturers that have relevant production capabilities and capacities with additional manufacturers and stakeholders – enabling them to fulfill current market and supply chain needs. https://www.nist.gov/mep/supply-chain/supplier-scouting Worth a try. Link to comment Share on other sites More sharing options...
Don Mansfield Posted May 15 Report Share Posted May 15 Does anyone else keep showing this thread as unread, even though you read it? Link to comment Share on other sites More sharing options...
Don Mansfield Posted May 15 Report Share Posted May 15 Never mind. It stopped happening after I posted Link to comment Share on other sites More sharing options...
joel hoffman Posted May 15 Report Share Posted May 15 I think that the OP has checked out long ago. Link to comment Share on other sites More sharing options...
bob7947 Posted May 16 Report Share Posted May 16 This is subject to Rule 17. There are several questions and no response by the OP. I locked the topic. Link to comment Share on other sites More sharing options...
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