1. Trade Agreements Act / Made in America
An overview of Region 7 activities in FY16-FY17
presented by
Steve Nieswiadomy and Mark Sims

2. WHAT IS TAA?
The Trade Agreements Act (TAA) was passed in 1979 to approve and implement various trade agreements negotiated between the U.S. and other countries.
Under the TAA the President has the authority to waive the Buy American Act (BAA) requirements for some procurements. This authority has been delegated by the President to the U.S. Trade Representative (USTR).
It restricts purchases of supplies and services to U.S.-made End Products and services or Designated Country End Products and services (with exceptions).

3. Where Is Guidance?
TAA, found in FAR Subpart 25.4, applies to U.S. Government acquisitions. The current threshold for the applicability of the Trade Agreements Act (for a supply or service contract) is up to $191,000. The U.S. Trade Representative revises this threshold approximately every two years (refer to FAR (b)).

4. DEFINE COUNTRY OF ORIGIN
PRODUCT --
MANUFACTURING SITE
SERVICES –
COUNTRY FIRM IS ESTABLISHED

5. TRADE AGREEMENTS CLAUSES IN SCHEDULE CONTRACT
Federal Supply Schedules program is determined to meet the applicable TAA threshold
Applicable contractual clauses:
• Trade Agreements;
(g)(4) Offeror Representations and Certifications Commercial Items (includes certification);
SCP-FSS-003 Specific Proposal Instructions for Products;
SCP-FSS-004 Specific Proposal Instructions for Schedule 70.

6. FAR 25.4
“The contracting officer shall determine the origin of services by the country in which the firm providing the services is established.”
Eligible products from World Trade Organization Government Procurement Agreement (WTO GPA)
Free Trade Agreement (FTA) countries;
Least developed countries per U.S. Trade Representative;
Caribbean Basin Trade Initiatives (CBTI);
Israeli Trade Act;
Countries party to The Agreement on Trade in Civil Aircraft.

7. 2016 TAA/MiA INQUIRIES CONGRESSIONAL INQUIRIES MEDIA REPORTS
Sen. Shumer
Sen. Griffo
Rep. McKinley
MEDIA REPORTS
Bloomberg News
ABC World News Tonight
OTHER EXTERNAL INQUIRIES
Competitors – Sherrill Manufacturing
Third parties – TINA.org

8. R7 MANAGEMENT RESPONSE
C.O. TRAINING IN AREAS OF:
Enhanced surveillance and investigation emphasis
Attention to IOA reports
QV standardized templates
U.S. Production Dashboard
SIP files best practices
Briefings w/ management and staff
TAA/MiA training across FAS
Bi-Monthly review of GSA Advantage! files

9. RESPONSIBILITIES OF MAS VENDORS
Certify TAA compliance prior to award
Ensure only TAA compliant products are offered/delivered
Must provide an acceptable Letter of Commitment/Supply
when the offeror is not the manufacturer of proposed products
Must accurately list each product’s country of origin on Advantage!
May make “substantial transformation” determinations
on their own,
request an opinion from a 3rd-party expert, or
go to the Office of Regulations and Rulings within CBP (cbp.gov)
Report TAA/MiA violations to C.O. for investigation

10. RESULTS OF INVESTIGATIONS
Report of non-compliant part numbers on Region 7 Advantage files results:
September hits
November hits
December hits
Februray hits

11. LESSONS LEARNED SIP “replace” versus “change” file
Manufacturer part number facilitates compliance
Letters of Supply –
Manufacturers move production
Recertify Country of Origin
Consequences can be severe

12. POTENTIAL CONSEQUENCES TO NON-COMPLIANCE WITH TAA (MAS)
Corrective Action Plan
Delete Items
Cure Notice
Cancel Contract
Refer to OIG
Evaluate in CPARS

13. POINTS OF CONTACT Schedule 56 – Mataya Jordan, Section Chief
Michael Johns, Senior CO
Schedule 66 – Richard Armstead, Section Chief
Laura Wair, Senior CO
Schedule 73 – Steve Nieswiadomy, Section Chief
Schedule 84 – Teresa Hill, Section Chief Special Purpose Clothing
Daniel Stafford, Section Chief, Security
Bryon Boyer, Section Chief Law Enforcement
Jonathan Woodcock, Senor CO

14. QUESTIONS and ANSWERS