The US Court of Federal Claims recently interpreted the Trade Agreements Clause applicable to federal government procurements of more than $180,000 as permitting the purchase of domestic end products, even if they are deemed to be products of India or China under the Trade Agreements Act. The decision invalidates interpretations by the US Department of Veterans Affairs and Department of Defense with respect to the purchase of pharmaceuticals. While the decision interprets the interplay between the Buy American Act and the Trade Agreements Act in all contracts subject to the latter, it leaves several important issues unresolved.
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