Overview
This section mandates that end products, construction materials, and services originating from designated least developed countries be treated as "eligible products" when an acquisition is subject to the World Trade Organization Government Procurement Agreement (WTO GPA).
Key Rules
- Equal Treatment: Products and services from least developed countries must receive the same treatment as domestic offers or those from other WTO GPA member nations.
- Scope of Coverage: The rule applies specifically to end products, construction materials, and services.
- Conditionality: This requirement is only triggered for federal acquisitions that meet the dollar thresholds and criteria to be covered by the WTO GPA.
Practical Implications
- Exemption from Buy American Act: When the WTO GPA applies, goods from least developed countries are exempt from the price penalties and restrictions typically imposed on foreign products under the Buy American Act.
- Sourcing Opportunities: Prime contractors can source materials or services from the world’s poorest nations without jeopardizing their competitive standing in large-scale federal solicitations.