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  • Question

    Can a contractor assemble a US-made flushometer and a Chinese-made toilet china off-site then bring it onto base and have it considered "manufactured in the US" since the FAR defines "place of manufacture" as "the place where an end product is assembled out of components", with components being the flushometer and the toilet china? If so, then if the contractor has already brought these components onto base unassembled, can they then take them back off base, assemble them, then redeliver them to base? If no to the second question, could they do this for future deliveries?


    Answer

    What you are contracting for is a fully functioning toilet. The BAA covered article (toilet) must be manufactured (assembled out of components) in the United States and with the cost of domestic components exceeding 50%. Assuming the military base is located in the United States and considering the background information you provided, there should be no issue with the contractor assembling on base or off base; it is still the United States.

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