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  • Question

    I have a request for the purchase of 4PRDS - Apple M1 Macbook Air 13 inch 16gb 500gb. The Macbook has hardware and software made in China. Does the Buy American Act apply to this item?


    Answer

    The Buy American Act might not apply to your procurement for the following reasons.

    First, if your purchase is below the micro-purchase threshold then it will not apply. See FAR 25.100(b)(1) "The supply contract exceeds the micro-purchase threshold..." The DFARS nor any current Class Deviations changes this. You did not include the estimate of your acquisition and we will not assume for sake of this answer the quantity of your purchases or it's estimated amount. See FAR 2.101 for definition of micro-purchase threshold.

    Second, if your purchase is for information technology that is a commercial product, then there is an exception, and the contracting officer may acquire a foreign end product without regard to the restrictions of the Buy American statute. See FAR 25.103(e). Again, the DFARS nor any current Class Deviation changes this. It appears your acquisition is commercial information technology; see definitions of information technology and commercial product in FAR 2.101. 

    Third, upon receipt of quotes or offers, you will have to follow the requirements at FAR subpart 25.7 and DFARS subpart 225.7 to ensure none of them are a prohibited source. Unlikely to apply, but you never know.

    Finally, as a reminder, refresh yourself on the procedures and documentation requirements of procuring brand name items; see FAR 11.104 and FAR 11.105 among other citations depending on your procurement method.

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