Does the Buy American Act apply for used/refurbished items?
I have several small businesses that can provide us with the required used/refurbished containers at a significant discount (although the 50% threshold has not been determined by the CO). It is also standard practice in this industry to purchase used containers.
Answer based on supplemental information telephonically provided by the submitter. Based on the level of remanufacturing/refurbishing applied to the containers by the domestic supplier, the restrictions of the Buy American Act would apply. Based on the dollar magnitude of the procurement action, the restrictions of the Trade Agreements Act would not apply.
Given the market research findings, it is likely DHS will need to make an individual non-availability determination to award this procurement action to a domestic supplier of remanufactured/refurbished products. See Exceptions at FAR 25.103(b)(2)(i) Individual determinations: The head of the contracting activity may make a determination that an article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. No known Department of Homeland Security Acquisition Regulation (HSAR) instructions apply to this procurement action.