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Free Trade Theory and How It Effects My Job

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Submitted By lawst1
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My organization is not competitive and has no opportunity in regards to Free Trade. However, Free Trade does impact the businesses I assist in relation to Government Contracting.
Any business doing government contracting has to be aware of the “Buy American Act.” (BAA) This act restricts the purchase of supplies that are not domestic end products for use within the United States. A foreign end product may be purchased if the contracting officer determines that the price of the lowest domestic offer is unreasonable or if another exception applies. The (BAA) is a preference for American goods designed to protect domestic labor. It was enacted in 1933 and has been amended four times. The restrictions in the (BAA) are not enforced in certain procurements that are subject to some trade agreements. In these procurements, end products and construction materials from specific countries receive nondiscriminatory treatment in evaluation with domestic offers. In most cases, the dollar value of the procurement determines which of the trade agreements apply. The BAA appears to control most procurements of the federal government but may be controlled by other legislation or international agreement. The Trade Agreement Act of 1979 authorizes the President to waive any otherwise applicable law, regulation, or procedure regarding Government procurement that would accord foreign products less favorable treatment than that given to domestic products. Article 1004 of the North American Free Trade Agreement (NAFTA) disallows domestic protection legislation. These limitations on the application of the act must be considered when reviewing any Buy American issues. The test to determine the country of origin for an end product under the BAA is different than the test to determine the country of origin for an end product under the trade agreement, or the criteria for the

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