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Response to COVID 19: GSA’s Waiver of BAA and TAA for Personal Protective Equipment Supplies

April 22, 2020 by Morgan Elwell

On April 3, 2020, GSA applied a class-wide waiver of the Buy America Act (BAA) and the Trade Agreements Act (TAA) for the acquisition of personal protective equipment for the following five federal supply classes (FSCs):

  • FSC 4240 (N95 masks),
  • FSC 6810 (bleach),
  • FSC 6840 (disinfectants, including, cleaners, sprays, and wipes),
  • FSC 7930 (cleaners), and
  • FSC 8520 (hand sanitizers, soaps, dispensers).

The waiver permits Federal Supply Schedule GSA contract holders to sell personal protective equipment products (falling within the five FSCs) manufactured in any country, other than Cuba, Iran, Sudan, Burma and North Korea.  GSA issued the Class Determination and Findings (D&F) based on non-availability of these necessary supplies produced or manufactured in the U.S. in sufficient quantities to respond to and protect Americans from the COVID-19 attack.  The waiver period starts April 3 through July 1, 2020.

Learn more: https://www.gsa.gov/cdnstatic/SPE-2020-11_0.pdf 

For more information, please contact OFP’s COVID Response Team.

Disclaimer: The information contained herein is provided for informational purposes only and should not be construed as legal advice on any subject matter. This information contained herein is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. Any information contained in this article is not intended to be a substitute for legal counsel. No one should act or refrain from acting on the basis of any content included in this article but should instead seek the appropriate legal advice on the particular facts and circumstances at issue from a properly licensed attorney. The author expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this article. This article contains general information and may not reflect current legal developments.

categories logoCOVID-19,  GovCon

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