Is an SA subject to the trade agreements?
The Request for Supply Arrangement would be treated as any normal solicitation. As such, in determining the applicability of the trade agreements, you must consider the total value of requirements over the period of the Supply Arrangement, the coverage by type of requirement, and whether the requirement is an excluded good or service. Under NAFTA and WTO-AGP, a solicitation pursuant to an SA would be considered selective tendering not involving the use of a permanent list of qualified suppliers. As such, these agreements specify minimum bid periods that must be respected. Under the AIT, such a solicitation would be considered as using a source list. There are no minimum bid period requirements under AIT.
Related Questions
- What do we do when a vendor tells us they can provide an item because it is manufactured in a foreign country (and would violate the Trade Agreements Act)?
- Can bilateral and plurilateral trade agreements continue to exist under the WTO and does the WTO control such agreements?
- Why do developing countries resist global trade agreements?
