Both BAA and TAA clauses but no solicitation certs
Started by Whynot · Jun 12, 2009 · 3 replies
- WOriginal post
Whynot
Jun 12, 2009 · 16y ago
I have seen several RFPs that include both the contract clauses 52.225-1 and 52.225-5, but do not include the associated solicitation provisions 52.225-2 or 52.225-6. How does this work? If a contractor does not provide a certification, how does the government make an award? And if an award is made (without certification or other representation), must the contract items be both BAA and TAA compliant, or one or the other compliant, or neither compliant?
- D
Don Mansfield
Jun 16, 2009 · 16y ago
Do the RFPs contain 52.204-8?
- W
Whynot
Jun 16, 2009 · 16y ago
The RFP that I am looking at now does - in section K. I assume that this provision invokes the applicable certifications in ORCA automatically.
What about having both TAA/BAA clauses?
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ron vogt
Jun 16, 2009 · 16y ago
Both clauses should not be in there. The BAA applies below the appropriate threshold, and the TAA applies above. In fact, the prescription for 225-1 reads: "Insert the clause at 52.225-1, Buy American Act?Supplies, in solicitations and contracts ... if none of the clauses prescribed in paragraphs (b ) and (c ) of this section apply..." (b ) and (c ) then are the TAA clauses.