Trade Act Agreement Compliance

The U.S. government was required to procure only products and services manufactured in the United States or finished products from TAA-dependent countries. The rules on whether the BAA or TAA apply to a given market are quite confusing and the analysis required to determine BAA compliance is very different from the TAA compliance analysis and is not particularly intuitive. The BAA was designed to prevent foreign products from competing on an equal footing with products made in the United States. The Federal Circuit briefly summarized the main features of the BAA: the TAA generally prohibits the acquisition of “products of a foreign country or instrument” that is not a party to the WTO agreement or that has otherwise been “designated” by the President for the purposes of the TAA. . . .

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