[Code of Federal Regulations] [Title 48, Volume 1] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 48CFR25.402] [Page 492] TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM CHAPTER 1--FEDERAL ACQUISITION REGULATION PART 25_FOREIGN ACQUISITION--Table of Contents Subpart 25.4_Trade Agreements Sec. 25.402 General. (a)(1) The Trade Agreements Act (19 U.S.C. 2501, et seq.) provides the authority for the President to waive the Buy American Act and other discriminatory provisions for eligible products from countries that have signed an international trade agreement with the United States, or that meet certain other criteria, such as being a least developed country. The President has delegated this waiver authority to the U.S. Trade Representative. In acquisitions covered by the WTO GPA, Free Trade Agreements, or the Israeli Trade Act, the USTR has waived the Buy American Act and other discriminatory provisions for eligible products. Offers of eligible products receive equal consideration with domestic offers. (2) The contracting officer shall determine the origin of services by the country in which the firm providing the services is established. See Subpart 25.5 for evaluation procedures for supply contracts covered by trade agreements. (b) The value of the acquisition is a determining factor in the applicability of trade agreements. Most of these dollar thresholds are subject to revision by the U.S. Trade Representative approximately every 2 years. The various thresholds are summarized as follows: ---------------------------------------------------------------------------------------------------------------- Supply contract Service contract Construction Trade agreement (equal to or (equal to or contract (equal exceeding) exceeding) to or exceeding) ---------------------------------------------------------------------------------------------------------------- WTO GPA................................................... $175,000 $175,000 $6,725,000 FTAs: NAFTA: --Canada.......................................... 25,000 58,550 7,611,532 --Mexico.......................................... 58,550 58,550 7,611,532 Chile FTA............................................. 58,550 58,550 6,725,000 Singapore FTA......................................... 58,550 58,550 6,725,000 Australia FTA......................................... 58,550 58,550 6,725,000 Morocco FTA........................................... 175,000 175,000 6,725,000 Israeli Trade Act......................................... 50,000 ................ ................ ---------------------------------------------------------------------------------------------------------------- [69 FR 77874, Dec. 28, 2004]