All products and services offered on GSA or VA's MAS contracts must be compliant with the Trade Agreements Act (TAA) (19 U.S.C. 2501, et seq.) GSA only allows products and services that have been substantially transformed in a designated country on a GSA contract (see the list of TAA Designated countries below).
While wordy, this merely means that only products that were made into the final product here in the U.S., or in one of any number of "approved" countries, known as designated countries, can be listed on a GSA contract.
Jump to alphabetical list of TAA Designated Countries
Yes, all GSA MAS contracts must be TAA-compliant. Federal contractors holding a GSA contract are subject to the Trade Agreement Act. The GSA schedules program allows the listing of products made or substantially transformed in the U.S., or certain other designated countries.
Countries listed below are considered designated countries because they fall under one of the following TAA agreements:Yes, the TAA does apply to firms providing services; however, the GAO decided that the company's legal address determines TAA compliance, not the location of the service (e.g., the location of the people providing the service).
Many firms tell us that they have looked at GSA Advantage and see many competitors listing products made in non-TAA countries. GSA attempts to enforce these rules proactively; however, with over 18,000 contracts and millions of products, it is a complex problem.
We often hear, "My Competitor is not TAA Compliant."
Frankly, GSA relies heavily on industry support to report non-TAA-compliant products. If a CO receives a complaint, then they investigate with their vendor and have the products removed. So, if you see someone listing non-TAA-compliant products, look up the GSA CO's name for that contractor on GSA eLibrary and email the CO. They will keep your name confidential.
The following is a list of TAA Designated countries. Products from these countries are considered TAA compliant and allowed on GSA contracts.
Updated as of October, 2020.
Remember, this TAA requirement is one of the key requirements for GSA Schedule contractors.
World Trade Organization (WTO) Government Procurement Agreement Countries
Afghanistan |
Angola |
Antigua and Barbuda |
Armenia |
Aruba |
Austria |
Bahamas |
Bangladesh |
Barbados |
Belgium |
Belize |
Benin |
Bhutan |
Bonaire |
British Virgin |
Bulgaria |
Burkina Faso |
Burundi |
|
Cambodia |
Canada |
Chad |
Comoros |
Croatia |
Curacao |
Cyprus |
Czech Republic |
Democratic Republic of Congo |
Denmark |
Djibouti |
Dominica |
Equatorial Guinea |
Eritrea |
Estonia |
Ethiopia |
Finland |
France |
Gambia |
Germany |
Greece |
Grenada |
Guinea |
Guinea-Bissau |
Guyana |
Haiti |
Hong Kong |
Hungary |
Iceland |
Ireland |
Israel |
Italy |
Jamaica |
Jamaica |
Japan |
Kiribati |
Kiribati |
Korea (Republic of) |
Laos |
Laos |
Latvia |
Lesotho |
Liberia |
Liberia |
Liechtenstein |
Lithuania |
Luxembourg |
Madagascar |
Malawi |
Mali |
Malta |
Mauritania |
Montenegro |
Montserrat |
Mozambique |
Nepal |
Netherlands |
New Zealand |
Niger |
Norway |
Poland |
Portugal |
Romania |
Rwanda |
Saba |
Saint Maarten |
Samoa |
Sao Tome and Principe |
Senegal |
Sierra Leone |
Singapore |
Sint Eustatius |
Sint Maarten |
Slovak Republic |
Slovenia |
Solomon Islands |
Somalia |
South Sudan |
Spain |
St. Kitts and Nevis |
St. Lucia |
St. Vincent and the Grenadines |
Sweden |
Switzerland |
Taiwan |
Tanzania |
Timor-Leste |
Togo |
Trinidad and Tobago |
Tuvalu |
Uganda |
United Kingdom |
Vanuatu |
Yemen |
Zambia |
The following articles discuss various of GSA contract management issues.
You received you GSA Contract Award. Now what?
Avoiding GSA Contract Audit Problems
GSA Contract Modification: Is it time?
Open Market Items under a GSA Contract order
New SBA Final Rule Tightens 8a Contracting Restrictions
52.225-5 TRADE AGREEMENTS (NOV 2013)
(a) Definitions. As used in this clause —
“Caribbean Basin country end product”—
(1) Means an article that —
(i) (A) Is wholly the growth, product, or manufacture of a Caribbean Basin country;
or
(B) In the case of an article that consists in whole or in part of materials from
another country, has been substantially transformed in a Caribbean Basin country
into a new and different article of commerce with a name, character, or use
distinct from that of the article or articles from which it was transformed; and
(ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C. 2703(b).
REGULATIONS INCORPORATED BY REFERENCE
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(A) For this reason, the following articles are not Caribbean Basin country end
products:
(1) Tuna, prepared or preserved in any manner in airtight containers;
(2) Petroleum, or any product derived from petroleum;
(3) Watches and watch parts (including cases, bracelets, and straps) of
whatever type including, but not limited to, mechanical, quartz digital, or
quartz analog, if such watches or watch parts contain any material that is
the product of any country to which the Harmonized Tariff Schedule of
the United States (HTSUS) column 2 rates of duty apply (i.e.,
Afghanistan, Cuba, Laos, North Korea, and Vietnam); and
(4) Certain of the following: textiles and apparel articles; footwear,
handbags, luggage, flat goods, work gloves, and leather wearing apparel;
or handloomed, handmade, and folklore articles;
(B) Access to the HTSUS to determine duty-free status of articles of these types is
available at http://www.usitc.gov/tata/hts/. In particular, see the following:
(1) General Note 3(c), Products Eligible for Special Tariff treatment.
(2) General Note 17, Products of Countries Designated as Beneficiary
Countries under the United States-Caribbean Basin Trade Partnership Act of 2000.
(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and
Returned, Advanced or Improved Abroad, U.S. Note 7(b).
(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special
Tariff Benefits under the United States-Caribbean Basin Trade
Partnership Act; and
(2) Refers to a product offered for purchase under a supply contract, but for purposes of
calculating the value of the acquisition, includes services (except transportation services)
incidental to the article, provided that the value of those incidental services does not exceed that
of the article itself.
“Designated country” means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement country (Armenia, Aruba,
Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan,
Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway,
Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland,
Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu (Chinese Taipei))”, or United Kingdom);
(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco,
Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso,
Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo,
Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati,
Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger,
Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia,
REGULATIONS INCORPORATED BY REFERENCE
Page: 65 of 97
South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize,
Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica,
Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius,
Sint Maarten, or Trinidad and Tobago).
“Designated country end product” means a WTO GPA country end product, an FTA country end
product, a least developed country end product, or a Caribbean Basin country end product.
“End product” means those articles, materials, and supplies to be acquired under the contract for public
“Free Trade Agreement country end product” means an article that —
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has
been substantially transformed in an FTA country into a new and different article of commerce
with a name, character, or use distinct from that of the article or articles from which it was
transformed. The term refers to a product offered for purchase under a supply contract, but for
purposes of calculating the value of the end product includes services (except transportation
services) incidental to the article, provided that the value of those incidental services does not
exceed that of the article itself.
“Least developed country end product” means an article that —
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has
been substantially transformed in a least developed country into a new and different article of
commerce with a name, character, or use distinct from that of the article or articles from which it
was transformed. The term refers to a product offered for purchase under a supply contract, but
for purposes of calculating the value of the end product, includes services (except transportation
services) incidental to the article, provided that the value of those incidental services does not
exceed that of the article itself.
“United States” means the 50 States, the District of Columbia, and outlying areas.
“U.S.-made end product” means an article that is mined, produced, or manufactured in the United
States or that is substantially transformed in the United States into a new and different article of
commerce with a name, character, or use distinct from that of the article or articles from which it was
“WTO GPA country end product” means an article that —
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has
been substantially transformed in a WTO GPA country into a new and different article of
commerce with a name, character, or use distinct from that of the article or articles from which it
was transformed. The term refers to a product offered for purchase under a supply contract, but
for purposes of calculating the value of the end product includes services, (except transportation
services) incidental to the article, provided that the value of those incidental services does not
exceed that of the article itself.
(b) Delivery of end products. The Contracting Officer has determined that the WTO GPA and FTAs
apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the
Schedule. The Contractor shall deliver under this contract only U.S.-made or designated country end
products except to the extent that, in its offer, it specified delivery of other end products in the provision
entitled “Trade Agreements Certificate.”