The second of these statutes is the TAA. The TAA should encourage foreign countries to enter into reciprocal trade agreements on public procurement. These agreements prohibit foreign products from discriminating against U.S.-made products and prohibit the United States from discriminating against foreign products. Under the statute, countries that have such agreements and do not discriminate against U.S. educational products may, on non-discriminatory terms, be competing with the U.S. government. At the same time, products from countries that do not have such trade agreements are excluded from public procurement. Countries that have concluded such agreements are designated as parties to the World Trade Organization (WTO) agreement. … The Trade Agreements Act of 1979 (TAA), Pub.L. 96-39, 93 Stat. 144, adopted on July 26, 1979, codified on July 19.
C ch. 13 (19 U.S.C. It outlined the modalities for the implementation of the Tokyo round of the General Agreement on Tariffs and Trade. © Morrison – Foerster LLP – Government Contracts Insights | Attorney Advertising [O]nly objects, materials and consumables manufactured primarily in the United States from objects, materials or supplies that have been dismantled, manufactured or manufactured in the United States, are acquired for public use, unless the head of the division … I`m sure… their costs are unreasonable. 19 U.S.C No. 2518 (4) (B) (added). While the finding that an article is the „product“ of an und designated foreign country generally prevents the government from obtaining it, the law does not require the government to have an article a „product“ of the United States or a country designated as a precondition for obtaining that section. DISCLAIMER: Due to the universality of this update, the information provided in this update may not be applicable in all situations and should not be done without specific legal advice based on specific situations.
The rules that determine whether the BAA or AAA apply to a given procurement are quite confusing and the analysis required to determine AFA compliance is very different from the AAT compliance analysis, and both are not particularly intuitive. The BAA was designed to deter foreign products from competing with U.S. products on an equal footing. The Federal Circuit summarized succinctly the main features of the BAA: the TAA generally prohibits the purchase of „products from a foreign country or instrumentality“ that are not parties to the WTO agreement or are otherwise „designated“ by the President for the purposes of the TAA.