Contractor Challenges VA Interpretation of TAA and FAR

Whitcomb Selinsky – In February 2020, Acetris Health, LLC, a generic pharmaceutical distributor, challenged the VA’s interpretation of the Trade Agreements Act of 1979 (TAA) and the Federal Acquisition Regulation (FAR) in the United States Court of Federal Claims.  The government appealed judgment by the Claims Court in favor of Acetris declaring the VA misinterpreted the TAA and FAR.  The VA interpreted the TAA and FAR to define the country of origin of a pharmaceutical product as the country where a product’s active ingredient is manufactured.