Reclamation Acquisition Regulations (RAR)
PART WBR 1425
FOREIGN ACQUISITION
SUBPART WBR 1425.1 -- BUY AMERICAN ACT -SUPPLIES
WBR 1425.105 Determining reasonableness of cost
SUBPART WBR 1425.4 -- TRADE AGREEMENTS
WBR 1425.400 Scope of subpart.
WBR 1425.402 Policy.\
SUBPART WBR 1425.11 SOLICITATION
PROVISIONS AND CONTRACT CLAUSES
WBR 1425.1101 Acquisition of supplies.
WBR 1425.1103 Other
provisions and clauses.
PART WBR 1425
FOREIGN ACQUISITION
SUBPART WBR 1425.1 -- BUY AMERICAN ACT - SUPPLIES
WBR 1425.105 Determining
reasonableness of cost.
If foreign
inspection may be required, the requiring office and the contracting
officer shall develop an estimate of the cost of foreign inspection
for use in evaluating the price of any foreign end product offers
received. The cost shall be inserted into the provision prescribed
in WBR 1425.1101 and added to the price of any foreign end products
offers received during the evaluation of offers.
SUBPART WBR 1425.4 -- TRADE AGREEMENTS
WBR 1425.400 Scope of subpart. This subpart, in accordance with FAR 25.400(b), provides policies and procedures for acquisitions subject to the Agreement on Government Procurement (GPA), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), and other trade agreements.
WBR 1425.402 General.
(a) The GPA, as amended:
(1) eliminates Reclamation's previous exclusion from the from
World Trade Organization Government Procurement Agreement; and
(2) requires Reclamation to apply GPA policy
and procedures to its acquisitions.
(b) Pursuant to the GPA, as amended, CO's shall evaluate offers received for all acquisitions at or above the dollar thresholds listed below without regard to the restrictions of the Buy American Act (BAA).
| Trade Agreement | Supply Contract | Service Contract | Construction |
| WTOGPA/CBTI* | $175,000 | $175,000 | $6,725,000 |
| FTAs** | |||
NAFTA Australia |
$58,550 | $58,550 | $6,725,000 |
NAFTA Canada |
$175,000 | $175,000 | $7,611,532 |
NAFTA Mexico |
$58,550 | $58,550 | $7,611,532 |
NAFTA Morocco |
$175,000 | $175,000 | $7,611,532 |
Chile FTA |
$58,550 | $58,550 | $6,725,000 |
Singapore FTA |
$58,550 | $58,550 | $6,725,000 |
| Israeli Trade Act | $175,000 |
*World Trade Organization Government Procurement Agreement//Caribbean Basin Trade Initiative
**Free Trade Agreements
(c) CO's shall apply the BAA evaluation factors to all acquisitions
below the dollar thresholds listed in subparagraph (b) above.
SUBPART WBR 1425.11 SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
AND CONTRACT CLAUSES
WBR 1425.1101 Acquisition
of supplies.
The contracting officer
shall insert the provision at WBR
1452.225-80, Evaluation Factor--Cost of Foreign Inspection--Bureau
of Reclamation, in solicitations containing the clause at either
FAR
52.225-1, Buy American ActBalance of Payments ProgramSupplies,
FAR 52.225-3, Buy American ActNorth American Free Trade AgreementIsraeli
Trade ActBalance of Payments Program, or FAR
52.225-5, Trade Agreements, when foreign inspection may be
required.
WBR 1425.1103 Other provisions
and clauses.
As Reclamation acquisitions
are now subject to the GPA and the WTOGPA, COs shall insert the
provision at WBR 1452.225-82
, of World Trade Organization Government Procurement Agreement
Evaluations -- Bureau of Reclamation, in all solicitations, in
order to alert offerors that Reclamation thresholds are different
than other agencies listed in the FAR.