INCOREPORATED INTO THE FAR AT 25.402(b)

10-02

Procurement Information Circular

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January 28, 2010

CLASS DEVIATION FROM FAR 25.402(b), TRADE AGREEMENT THRESHOLDS

PURPOSE:  To provide a class deviation from the thresholds set forth in the Table at FAR 25.402(b).

BACKGROUND:  The United States Trade Representative published new thresholds in the Federal Register on December 29, 2009 (74 FR 68907). The revised thresholds became effective on January 1, 2010. A Federal Acquisition Regulation (FAR) case is in process to obtain public comment on an update to the regulation. Pending finalization of the FAR changes, implementation of the new thresholds is urgent in order to meet the United States’ obligations under the World Trade Organization Government Procurement Agreement and numerous free trade agreements.

GUIDANCE:  Effective retroactively to January 1, 2010, contracting officers shall utilize the trade agreement thresholds identified in the chart on page 2. The chart includes the current FAR threshold struck through, with the revised threshold set forth in brackets.

EFFECTIVE DATE:  This PIC is effective January 1, 2010, and shall remain in effect until the revised thresholds are implemented in the FAR.

HEADQUARTERS CONTACT:  Leigh Pomponio, Contract Management Division, (202) 358-0592, e-mail: Leigh.Pomponio@nasa.gov.

/s/

William P. McNally

Assistant Administrator for Procurement

DISTRIBUTION:

  PIC LIST

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Trade Agreement	Supply Contract (equal to or exceeding)	Service Contract (equal to or exceeding)	Construction Contract (equal to or exceeding)
WTO GPA	$194,000[$203,000]	$194,000[$203,000]	$7,443,000 [$7,804,000]
FTAs
Australia FTA	67,826 [70,079]	67,826[70,079]	$7,443,000 [7,804,000]
Bahrain FTA	194,000[203,000]	$194,000[203,000]	8,817.449[9,110,318]
CAFTA-DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua)	67,826[70,079]	67,826[70,079]	$7,443,000 [7,804,000]
Chile FTA	67,826[70,079]	67,826[70,079]	$7,443,000 [7,804,000]
Morocco FTA	194,000[203,000]	$194,000[203,000]	$7,443,000 [7,804,000]
NAFTA
—Canada	25,000	67,826[70,079]	8,817.449[9,110,318]
—Mexico	67,826[70,0709]	67,826[70,079]	8,817.449[9,110,318]
Oman FTA	194,000[203,000]	194,000[203,000]	8,817.449[9,110,318]
Peru FTA	194,000[203,000]	194,000[203,000]	$7,443,000 [7,804,000]
Singapore FTA	67,826[70,079]	67,826[70,079]	$7,443,000 [7,804,000]
Israeli Trade Act	50,000	—	—