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The Federal Acquisition Regulation (FAR) is the primary regulation for use by all executive agencies in their acquisition of supplies and services with appropriated funds. The FAR also contains standard solicitation provisions and contract clauses and the various agency FAR supplements.
A: The Buy American provisions require implementation that is consistent with U.S. obligations under international agreements. Under various agreements, the Federal government treats foreign-manufactured goods the same as domestic goods.
Generally, waivers may be granted when: the use of a U.S. product is impractical or inconsistent with the public interest; or. the product is not mined, produced, or manufactured in the U.S. in sufficient and reasonably available commercial quantities of a satisfactory quality; or.
The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for inflation.
This exception applies when an agency has an agreement with a foreign government that provides a blanket exception to the Buy American Act. The most common exception is through the DOD, which has blanket agreements with many countries for a public interest exception to the BAA.
The Buy American statute does not apply with respect to articles, materials, or supplies if articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities
The Service Contract Act applies to every contract entered into by the United States or the District of Columbia, the principal purpose of which is to furnish services in the United States through the use of service employees.
Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated.
Paragraph 3(ii) of the definition, for acquisitions to support contingency operations or to facilitate defense against certain attacks, is increasing from $30,000 to $35,000. The simplified acquisition threshold was changed to $250,000 by statute (see FAR Case 2018004).
FAR 44.101 means the total contractor organization or a separate entity of it, such as an affiliate, division, or plant, that performs its own purchasing.