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    I am having a hard time deciding if the BAA applies to my scenario. I currently do not have any BAA clauses in my solicitation, however, when you read FAR 52.219-6(c), it states, "A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under Simplified Acquisition Procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts." I read this to say, since the acquisition is under $25K, the non manufacturer rule does not apply. Small businesses can provide domestic items that are manufactured by either large or small businesses in their own name. However, does this clause alone cover the requirements of the BAA? Can I accept offerors proposing "Made in China"


    Answer

    Yes. The Buy American Act restrictions apply to supply contracts exceeding the micro-purchase threshold (typically $3000). Also, since you are procuring a hand tool, see the US domestic restrictions found at DFARS 225.7002-1(b).

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