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MANAGING A GSA CONTRACT

Trade Agreements Act (TAA) Compliance for GSA MAS Contracts

The Trade Agreements Act (TAA) generally requires that covered products sold to the federal government be made in the United States or in a designated country, or be substantially transformed in one. For GSA Multiple Award Schedule (MAS) contractors, that means you must know where your products come from and keep the documentation. Country designations change, so always verify the current list before you rely on it.

What does the TAA require?

For covered acquisitions, a product must be a “U.S.-made end product” or an end product manufactured or substantially transformed in a designated country. The rules are in the Trade Agreements Act (19 U.S.C. 2501 et seq.) and FAR Part 25, including the definitions and country lists at FAR 25.003. GSA adds terms in the MAS solicitation and in the clauses of your contract.

What is substantial transformation?

A product is substantially transformed when processing in a country converts it into a new and different article, with a new name, character, or use. Simple assembly or minor processing generally does not qualify. The analysis can be fact-specific, and customs authorities have issued rulings on many products. For borderline cases, get qualified advice.

Which countries are designated?

Designated countries include those with which the U.S. has qualifying trade agreements, plus certain other groups, such as Caribbean Basin countries and least developed countries. The lists change over time, and some countries appear in more than one category. This page does not reproduce them, because a copied list can go stale.

To confirm a country, use:

  • FAR 25.003, on Acquisition.gov, which defines “designated country” and lists the countries
  • The GSA TAA guidance and lookup resources on GSA’s website
  • Your contracting officer, if you have a specific question

Do not assume a country is designated or not based on general knowledge. Products from non-designated countries, including certain major manufacturing countries, may be ineligible for MAS unless another exception applies.

Does the TAA apply to services?

The TAA is primarily about products. How trade agreement requirements apply to services depends on the coverage of the agreements and the terms of the MAS solicitation for your SIN. Do not assume services are exempt or that they follow the same test as products. Confirm the rule for your SIN with your contracting officer.

How does GSA check compliance?

Contracting officers and industrial operations staff may review product information during an offer, a modification, or a contractor assessment. Buyers and competitors may raise concerns. Consequences for noncompliance can include removing products from your contract and other remedies allowed by your contract and the law.

What should contractors do?

  • Get written country of origin information from each manufacturer before you list a product
  • Keep those records with your contract files. The examination of records clause provides for the government to review records after final payment
  • Review your catalog periodically, since manufacturers move production
  • Reconfirm origin after mass modifications and clause updates
  • Make sure your Verified Products Portal or manufacturer information is current where it applies
  • Ask questions before you list a borderline product

See also GSA Letter of Supply and GSA MAS Contract Administration and Compliance Checklist.

TAA Compliance FAQs

Keep current country guidance and supplier documentation close at hand.

Country of origin and accountability

Keep product and contract records aligned

Continue with contract administration and catalog support.

Need help organizing your product compliance records?

Talk with TurboGSA about your catalog, supplier documentation, and contract administration process.

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