1. (a)

   1. (1) The Trade Agreements Act (19 U.S.C. 2501, et seq.) provides the authority for the President to waive the Buy American statute and other discriminatory provisions for eligible products from countries that have signed an international trade agreement with the United States, or that meet certain other criteria, such as being a least developed country. The President has delegated this waiver authority to the U.S. Trade Representative. In acquisitions covered by the WTO GPA, Free Trade Agreements, or the Israeli Trade Act, the U.S. Trade Representativehas waived the Buy American statute and other discriminatory provisions for eligible products. Offers of eligible products receive equal consideration with domestic offers.
   2. (2) The contracting officer shall determine the origin of services by the country in which the firm providing the services is established. See Subpart 25.5 for evaluation procedures for supply contracts covered by trade agreements.

2. (b) The value of the acquisition is a determining factor in the applicability of trade agreements. Most of these dollar thresholds are subject to revision by the U.S. Trade Representative approximately every 2 years. The various thresholds are summarized as follows:

   Table 1—to Paragraph (b)

   Trade agreement	Supply contract(equal toor exceeding)	Service contract(equal to orexceeding)	Construction contract(equal toor exceeding)
   WTO GPA	$174,000	$174,000	$6,683,000
   FTAs:
   Australia FTA	105,767	105,767	6,683,000
   Bahrain FTA	174,000	174,000	13,749,689
   CAFTA-DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua)	105,767	105,767	6,683,000
   Chile FTA	105,767	105,767	6,683,000
   Colombia FTA	105,767	105,767	6,683,000
   Korea FTA	100,000	100,000	6,683,000
   Morocco FTA	174,000	174,000	6,683,000
   USMCA:
   —Mexico	105,767	105,767	13,749,689
   Oman FTA	174,000	174,000	13,749,689
   Panama FTA	174,000	174,000	6,683,000
   Peru FTA	174,000	174,000	6,683,000
   Singapore FTA	105,767	105,767	6,683,000
   Israeli Trade Act	50,000

[69 FR 77874, Dec. 28, 2004, as amended at 71 FR 219, Jan. 3, 2006; 71 FR 865, Jan. 5, 2006; 71 FR 20307, Apr. 19, 2006; 71 FR 36937, June 28, 2006; 71 FR 67777, Nov. 22, 2006; 72 FR 46358, Aug. 17, 2007; 73 FR 10963, Feb. 28, 2008; 73 FR 16747, Mar. 28, 2008; 74 FR 28428, June 15, 2009; 75 FR 38690, July 2, 2010; 77 FR 27550, May 10, 2012; 77 FR 69724, Nov. 20, 2012; 78 FR 80380, Dec. 31, 2013; 79 FR 24209, Apr. 29, 2014; 80 FR 81895, Dec. 31, 2015; 83 FR 3398, Jan. 24, 2018; 85 FR 2618, Jan. 15, 2020; 86 FR 74530, Dec. 30, 2021; 87 FR 73892, Dec. 1, 2022; 89 FR 13963, Feb. 23, 2024; 91 FR 12490, Mar. 13, 2026]