# 525.1170 Applying foreign acquisition prescriptions to GSA-created contracts.

(a) In order to calculate the dollar value to determine which FAR subpart 25.11 provisions and clauses for either the Buy American Act or the Trade Agreements Act, if any, apply to a contract created by a GSA contracting activity (but not pursuant to an interagency agreement):

(1) Aggregate the value of all options as though they were exercised; and

(2) Aggregate the value of all expected orders (i.e., the expected total contract value) against the indefinite-delivery contract.

(3) To determine whether the Trade Agreements Act threshold has been met, do not include the dollar value of a contract that is excepted from the Trade Agreements Act by FAR 25.401 (e.g., do not include the dollar value of a contract set aside for small business).

(b) The foreign acquisition rules (i.e., either the Buy American Act or the Trade Agreements Act, but never both) that apply at the indefinite-delivery contract level, also apply (i.e., flow down) at the order level under that indefinite-delivery contract, meaning:

(1) If the Buy American Act applies to an indefinite-delivery contract, then the Buy American Act also applies to all orders against that indefinite-delivery contract regardless of the dollar value or other characteristics of the order itself; or instead

(2) If the Trade Agreements Act applies to an indefinite-delivery contract, then the Trade Agreements Act also applies to all orders against that indefinite-delivery contract, regardless of the dollar value or other characteristics of the order itself.