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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On April 3, the U.S. General Services Administration (GSA) issued a class Determination and Findings (D&amp;F) waiving country of origin restrictions imposed by the Trade Agreements Act (TAA) and the Buy American Act (BAA) for certain supplies to aid in responding to the COVID-19 health emergency. The class D&amp;F applies to purchases of these supplies at any dollar amount made from April 3 to July 1, 2020.

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The class D&amp;F explains that waivers of country of origin restrictions in TAA and BAA contract clauses are warranted for certain supplies that are temporarily unavailable in sufficient quantities or of satisfactory quality. It applies to all GSA schedule contracts (and orders issued under them) and GSA individual procurements that contain the TAA and/or BAA clauses. While new contracts or schedule awards may be issued for these supplies, due to the limited applicability period of this class D&amp;F, GSA’s stated preference is to modify already existing contracts.

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The waiver in this class D&amp;F applies to both GSA schedule contracts and new contracts, but only to the following Federal Supply Classes (FSCs) listed in the D&amp;F:

Under the class D&amp;F, these supplies may be manufactured in any country, including China, except those listed in FAR Subpart 25.7 (e.g., most transactions involving Cuba, Iran and Sudan are prohibited, as are most imports from Burma or North Korea). Additionally, supplies from other territories, such as the Crimea region and Syria, may also be prohibited due to other existing OFAC regulations that are incorporated by reference in FAR Subpart 25.7.

It is important to note that the class D&amp;F’s waiver is not limited to contracts or orders issued solely in response to the COVID-19 health emergency. Additionally, contractors may also receive rated orders for these FSC products from the federal agencies that are authorized to issue them pursuant to the Defense Production Act.

What This Means for Contractors and Suppliers

As the situation evolves, the GSA may update the FSCs or modify the class D&amp;F’s end date to meet the government’s needs. Our Government Contracts and International Trade teams will monitor developments and provide federal contractors and suppliers with these updates as they arise.

Tom Mason 202.263.4168 <a href="mailto:Thomas.Mason@ThompsonHine.com">Thomas.Mason@ThompsonHine.com</a>

Francesca M.S. Guerrero 202.973.2774 <a href="mailto:Francesca.Guerrero@ThompsonHine.com">Francesca.Guerrero@ThompsonHine.com</a>

Ray McCann 202.263.4152 <a href="mailto:Ray.McCann@ThompsonHine.com">Ray.McCann@ThompsonHine.com</a>

Mona Adabi 202.263.4147 <a href="mailto:Mona.Adabi@ThompsonHine.com">Mona.Adabi@ThompsonHine.com</a>

Additional Resources

We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Please see our <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_blank" rel="noopener">COVID-19 Task Force</a> page for additional information and resources.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/COVID-19_Update_-_GSA_Class_DF_Provides_TAA_and_BAA_Non-Availability_Exception_for_Certain_Supplies.pdf

GSA Class D&F Provides TAA and BAA Non-Availability Exception for Certain Supplies

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