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The purpose of amendment 0002 36C26226Q is to provide answers to questions from interested parties. S05 Questions and Answers Question 1: The RFQ requires that the quoted products comply with BAA/TAA requirements; however, the brand-name product identified in the solicitation appears to be manufactured in Vietnam and, to the best of our knowledge, is not BAA/TAA compliant. Answer 1: In pursuit of FAR 25.104 a (30) and FAR 25.103b(1)(i), spare and replacement parts for equipment of foreign manufacture for which domestic replacement parts are not available, qualify under the non-availability exception to the Buy American Act. This procurement will be awarded as a small-business set-aside, brand name only. The items in this requirement are spare/replacement parts required to maintain compatibility with the facility s existing equipment. Additionally, a class determination/non-availability exception applicable to NAICS 334510 is in place. Accordingly, the requested replacement items are acceptable despite being manufactured outside the United States. Question 2: The RFQ states that the products must be available on a Federal Supply Schedule (FSS) contract. Based on our review, the requested product does not appear to be currently available through an FSS contract and is instead offered on an open-market basis. Answer 2: It is not mandatory that these items be available on a Federal Supply Schedule. The solicitation states the following in Section i : All items must be listed on FSS contract if vendor is an FSS contract holder; please list number and expiration date if applicable .
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