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    Does these items have to be purchased in the U.S. or can they be made in China. Both items are for a large quantity. The companies that are obtaining the items are U.S. but suppliers are not from the U.S.


    Answer

    Note to readers, an e-mail identified that the dollar value of this procurement is estimated to be approximately $90,000.00.
     
    In this scenario, it appears that there is a domestic source restriction and that only offers of domestic products may be considered.  Here’s why:
     

    Because of the dollar amount (less than $150K) this procurement should will be set-aside for small business (see FAR 13.003(b) and 19.502-2(a)).  As a result, based on what you are procuring, there can be no Buy American Statute exception AND Buy American cannot be waived due to the Trade Agreements Act.  In addition, see 25.100, 25.103, and 25.401(a) and of course the corresponding DFARS citations.
     
    Note: I did not see any more restrictive source limitation from DFARS 225.70 and 225.71 based on your purchase description.  However, if you choose to purchase clothing items with logos… Berry Amendment could apply!
     
    For a small business to offer a product it did not manufacture, then it must propose to offer a product that another small business manufactured; unless it has a waiver from SBA, see FAR 19.502-2(c).  Then, because Buy American applies, the contractor most certify its product is domestic by using the DFARS provision 252.225-7000.  Both that and DFARS 252.225-7001 should be in your solicitation, even if using the commercial contract format SF1449.
     
    For the vendors proposing: when it comes to manufacturing, there is a two pronged test described at FAR 25.003, which reads:
     
    “Domestic end product” means—
    (1) An unmanufactured end product mined or produced in the United States;
     
    (2) An end product manufactured in the United States, if—
     
    (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or
     
    (ii) The end product is a COTS item.


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