GSA ADDS EXCEPTION TO TRADE AGREEMENTS
UPDATE: An addendum was released that extends the applicability date of SPE Memorandum SPE-2020-11. Originally 7/1/2020, the applicability date was extended to 8/1/2020. Learn more about TAA compliance here.
GSA has once again issued another addendum to this authority and will extend the date of applicability to 11/30/2020. As directed with the original applicability date, applicable items on contract will need to be removed on this date as well.
Contractors who have added non-TAA products to their contracts may have already been receiving email checkups from GSA’s Internal Audit and Compliance Branch and Supplier Accountability and Acquisition Support Branch. GSA is sending this follow up to ensure that contractors have a healthy stock of items and asking for any issues that contractors may be aware of.
With COVID-19 working its way throughout our nation, industries are coming together to help combat the virus. From first responders to support teams, everyone is working together tirelessly to help alleviate this situation, and our Government agencies have been rapidly deploying solutions in support of COVID-19 relief efforts.
The General Services Administration (GSA) is one of the many Federal agencies looking to have a tremendous impact in helping those in need. Since President Trump declared a National Emergency on March 13, and with all 50 states under a major disaster declaration for the first time in history, GSA Schedule contract holders have the ability to be placed at the forefront of support and can effectively assist all types of government (GSA FSS eligibility).
On April 3, 2020 General Services Administration released a memorandum that allows GSA Schedule contract holders to add non-TAA (Trade Agreement Act) items from select Federal Supply Classes (FSC) onto the Federal Supply Schedule. This unprecedented change temporarily adds exception to the government’s Trade Agreements and Buy American Statues by allowing contractors to add non-TAA items (excluding embargo nations such as Cuba, Iran, Sudan, Burma, and North Korea per FAR subpart 25.7) to the GSA Schedule with a unique contract modification. Once awarded, State, local, and Federal government agencies alike will be able to acquire items without the need for non-availability determinations.
Only the following items from select FSCs can be added at this time:
| FSC | General Products Purchased | Determination Applicability Begin Date | Determination Applicability End Date (*Updated) |
| FSC 4240 | N95 masks | 4/3/2020 | *8/1/2020 |
| FSC 6810 | Sodium Hypochlorite (bleach) | 4/3/2020 | *8/1/2020 |
| FSC 6840 | Disinfectants – includes cleaners, sprays, and wipes | 4/3/2020 | *8/1/2020 |
| FSC 7930 | Cleaners – including sanitizing surface and floor cleaners | 4/3/2020 | *8/1/2020 |
| FSC 8520 | Hand sanitizers, soaps and dispensers | 4/3/2020 | *8/1/2020 |
GSA has released specific guidance and templates to use when submitting your modification. Items will have to be removed from GSAAdvantage! and the Federal Supply Schedule contract once the applicability end date arrives
Be advised that the non-TAA exceptions are in support of COVID-19 efforts and for the predetermined Federal Supply Classes listed above. 52.225-5 Trade Agreements will still apply in all other conditions (list of TAA approved countries) and all other terms, conditions, and acquisition procedures will remain in effect.
Julio is a Senior Consultant with Coley GCS, LLC, a Government Contracts Consulting, Coaching and Training company. Julio has over 10 years’ experience helping companies succeed with their GSA schedules.