Whay Law Firm Helps Government Contractors comply with the Trade Agreement Act
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The Whay Law Firm, located in Washington, D.C. assists small and medium sized government contractors in the greater Washington metropolitan area determine if their products comply with the Trade Agreements Act (TAA).
Product-specific, a TAA compliance review determines:
- Your product’s manufacturing process
- The geography of each involved manufacturing plant
- The product components
- Each component’s country of origin
In certain circumstances, this determination may include a review to the part level. Whay’s TAA experts render an opinion using agency guidelines and communicating with the agency, if necessary, and researching applicable case law.
What products are regulated by the TAA?
The TAA applies to procurement for goods and services at or above $204,000, or construction procurements at or above $7,864,000. Exceptions exist; the TAA does not apply to the following:
- Acquisitions set aside for small businesses
- Acquisitions of arms, ammunition, or war materials, or purchases indispensable for national security or for national defense purposes
- Acquisitions of end products for resale
- Acquisitions from Federal Prison Industries, Inc., or Nonprofit Agencies Employing People Who Are Blind or Severely Disabled
- Other acquisitions not using full and open competition
- Certain services listed in FAR 25.401(b)
Procurements subject to the TAA must qualify as U.S.-made (or designated country) end products. Under the TAA, products that are substantially transformed in the United States (or designated country) can also qualify as compliant, as long as both of the following are true of their transformation:
- The product must be transformed into a new and different article of commerce.
- The product has a name, character or use distinctly different from that of the article or articles from which it was transformed.
The TAA procurement requirements differ from the Buy American Act (BAA), which depends upon the relative value of the components. A product that is TAA compliant may not be BAA compliant, and if a product is not subject to TAA, it must comply with BAA.
Protect your company from TAA violation penalties by making sure you understand the TAA requirements. Call Whay Law Firm for an expert opinion about your product’s compliance with the Trade Agreements Act.
