Trade Agreement uses Buy American Exemption

I came across an interesting take on Trade Agreements. My information is 2nd and 3rd hand so I can not add much detail.

A prime contractor on a major MAS IDIQ GWAC has the Trade Agreements clauses 52.225-5 and 52.225-6 as prescribed in 25.1101©(1) and ©(2). The prime needs to add product to the contract to bid on a competitive (fair opportunity) requirement. However, the products do not qualify as Trade Agreement.

The government CO says the products do not have to be Trade Agreement compliant because the CO has found the products to be exempt from Buy American Act under 25.202 and the prescription at 25.1101©(1) allows the CO to use this exemption. The products did not qualify for exemption under 25.401 and the CO did not put them on contract because there were no other offers that were compliant.

I never seen it done this way before and I may have gotten some of the details wrong but I can confirm the result, the products are on contract.

What do you think?