Before entering the case, a little background on the Trade Agreements Act (TAA). If the TAA applies to a U.S. government contract, the contractor can supply a product from a foreign country if that country has a free trade agreement with the United States. In other words, the U.S. government will not discriminate 20/10 on the products of its free trade partners when it buys supplies in certain circumstances (for example. B the contract is above the TAA application threshold). But not all countries have a free trade agreement with the United States, including, most importantly, countries like China and India. Therefore, if a business supplier offers the U.S. government a commodity manufactured in India, for example, that property would not be in compliance with the TAA and the contractor would not be able to supply it to public procurement. The Trade Agreements Act (19 U.S.C.

– 2501-2581) of 1979 was passed to promote fair and open international trade, but more importantly, it implemented the requirement that the U.S. government only buy finished manufactured products or certain finished products. This means, in particular, that, under a MAS program, GSA can only purchase products that are compliant in the United States and/or compliant with the TAA. This requirement has always baffled many MAS contract holders as to their actual meaning. 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.

… Many federal contracts are governed by a wide range of national preferential regimes – the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment and the Cargo Preference Act, to name a few. In Acetris Health, LLC v.