§ 525.402 - Policy.

(a) Under (FAR) 48 CFR 25.402(a), when the estimated value of all items or products (exclusive of any item or product within any of the exceptions described in (FAR) 48 CFR 25.403) listed in the solicitation exceeds the Trade Agreements Act threshold, contracting officers shall evaluate offers without regard to the restrictions of the Buy American Act or the Balance of Payments Program.

(b) As a result of the General Services Administration Board of Contract Appeals (GSBCA) decision in the protest of International Business Machines Corporation, GSBCA no. 10532-P, May 18, 1990, contracting officers are hereby authorized to deviate from the FAR provision at 52.225-8, Buy American Act-Trade Agreements Act-Balance of Payment Program Certificate and FAR clause at 52.225-9, Buy American Act-Trade Agreements Act-Balance of Payment Program, in solicitations and contracts that are subject to the Trade Agreements Act by incorporating the provision and clause prescribed in 525.407(a).

(c) When acquiring eligible products without full and open competition using the authorities in FAR 6.302-3(a)(2)(i) or 6.302-7, a copy of the approved justification must be furnished to the Associate Administrator for Acquisition Policy for subsequent transmittal to the U.S. Trade Representative.