Vendor Questions_063009.doc

1. Vendor Question: Traditionally, United States sources get 10% price preference, will this apply?

Answer: No, price evaluations for items grown or produced in the United States, Mexico, Canada & Chile will be evaluated in the same manner.

2. Vendor Question: Can fibers come from Trade Agreement (TA) countries only?

Answer: Pursuant to ARRA sections 604(a) & (k), only items grown, reprocessed, reused, or produced in the United States, Mexico, Canada & Chile may be acquired. Per the United States’ Trade Representative Office, trade agreements between the United States, Mexico, and Canada (NAFTA) as well as the United States and Chile contain an “Agreement on Government Procurement” that, unlike other U.S. international trade agreements, do not exclude the TSA from compliance. The United States’ Trade Representative Office has confirmed to the TSA that this means TSA must comply with NAFTA as well as the US-Chilean Trade Agreement and must not discriminate against goods produced or manufactured in Canada, Mexico, or Chile. Therefore, with respect to sections 604(a) and (k) of ARRA and consistent with these particular international agreements, for the TSA uniform procurement a “domestic product” includes products from Mexico, Canada, and Chile as well as the United States.

3. Question: Are CAFTA Countries eligible under Kissel? (Caribbean American Free Trade Agreement) We request an interpretation of Section K of Kissel and that only USA-made goods are acceptable under this procurement?

Answer: Pursuant to ARRA sections 604(a) & (k), only items grown, reprocessed, reused, or produced in the United States, Mexico, Canada & Chile may be acquired. Caribbean American Free Trade Agreement Countries are not eligible.

4. Vendor Question: If all items can be procured in the USA, will any preference be given in pricing to a Prime who can supply everything made in USA?

Answer: No. No, price evaluations for items grown or produced in the United States, Mexico, Canada & Chile will be evaluated in the same manner.

5. What is Section 604 of the American Reinvestment and Recovery Act (ARRA) of 2009 and how does it apply to the TSA/TSO Uniform acquisition?

Section 604 of the American Reinvestment and Recovery Act is intended to maximize use of domestic producers of certain products such as clothing and the materials and components thereof..

Section 604 (k) requires “CONSISTENCY WITH INTERNATIONAL AGREEMENTS - This section shall be applied in a manner consistent with United States obligations under international agreements.”, therefore in the case of the TSA uniform requirement, TSA will only solicit from domestic suppliers and those countries under applicable international agreements -Mexico, Canada & Chile.