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Office of Acquisition and Logistics (OAL)


Trade Agreements Act (TAA)

Tel: (708) 786-7737 Fax: (708) 786-5828 Contacts Survey
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Designated Countries

Under 19 USC 2501 Trade Agreements Act External link to a government website agencies may only acquire US-made or designated country end products or US or designated country services.  Products/services offered under the VA Schedule Program that are end products/services of countries other than the United States or identified designated countries will not be considered for award.

For more information about the Trade Agreements Act:

The following list of designated countries is current, accurate, and complete as of February 2016.

World Trade Organization (WTO) Government Procurement Agreement Countries
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, Montenegro, Netherlands, New Zealand, 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
Caribbean Basin Countries
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
Least Developed Countries
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, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia
Free Trade Agreement Countries
Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore

TAA — Non-Availability Determinations under 65 I B

Important Notice

Public Law (PL) 102-585, Section 603 External link to a government website requires covered drug manufacturers to make all covered drugs available for purchase under the 65 I B Schedule program at a not to exceed price as a condition for receiving payment from certain entities and to have a VA Schedule contract.  Under 19 USC 2501 Trade Agreements Act External link to a government website, the VA Schedules Program has previously required that all offered products be U.S.-made or substantially transformed designated country end products.  We are now requiring that all covered drugs, regardless of county of substantial transformation, be available on a 65 I B FSS contract.  In other words, we now accept covered drugs that were formally excluded due to their “TAA non-compliant” nature.  For those covered drug manufacturers who do not currently have a 65 I B FSS contract in place, you will need to begin with establishing an Interim Agreement (IA) which serves to bridge the gap while negotiating a VA Schedule contract.  Please visit our Public Law webpage for information on the Interim Agreement process, including establishing a Master Agreement and Pharmaceutical Pricing Agreement.  You can read more about the Trade Agreements Act on our Compliance and TAA Designated Countries webpages.

TAA — Non-Availability Determination

Special Item Number (SIN) 42-2A product items that are not U.S.-made or designated country end products must be offered for sale to the Government under an FSS 65 I B contract and must be listed as other end products, as required by Federal Acquisition Regulation (FAR) 52.212-3(g)(5)(ii). In accordance with FAR 25.403(c) & 25.103(b)(2), the decision has been made that the Contracting Officer may make an individual non-availability determination pursuant to 1) information provided by the offeror that neither the offered 42-2A product items nor similar or like items are mined, produced, or manufactured in the United States or a designated country in sufficient quantity to fulfill the requirements, and 2) in light of the requirement set forth in 38 U.S.C. Section 8126(a)(1) that manufacturers shall make available for procurement on the Federal Supply Schedule of the General Services Administration each covered drug of the manufacturer.  Below outlines the process for offering these items to the Government under an FSS 65 I B contract via modification or via an Interim Agreement (IA), as applicable.

Upcoming Webinar
Non-Availability Determinations under 65 I B - Webinar on Tuesday, May 3, 2016, 1:00pm— 2:00pm (Central)

Addition Process for Current 65 I B Contractors

Download the 65 I B Product Addition Request for Modification from our Modifications webpage.  We will only process RFMs submitted using the most recently published form.  Send request packages to, and cc your assigned contract specialist.  To ensure receipt of your firm’s request for modification, the subject line must have the following identifying information:  RFM-Contract Number-PL2016 (e.g., RFM-V797P/D-5555X-PL2016).  Continue to send all other 65 I B non-Public Law modifications to the FSS Help Desk,

Timeline for 2016 Initial Proposal of TAA Non-Compliant Pharmaceuticals

Graphic Representation of 2016 Initial Proposal of TAA Non-Compliant Pharmaceuticals Outlined Below

  • 04/19/2016
    Constant Contact Notice sent out with addition procedures and link to Mass Modification 0004.
  • 04/26/2016
    Deadline for submitting NFAMP data to PBM.
  • 05/06/2016
    Deadline for submission of 1) Mass Modification by current contractors.  If an extension is needed, please contact your assigned contracting officer directly for consideration.  2) Request for Modification or Interagency Agreement (IA) (if applicable).  If an extension is needed on an IA, please email for consideration.
  • 06/06/2016
    Date by which all TAA non-compliant drugs must be on contract or an IA.