ARTICLE
7 April 2022

FAR Council Tightens Buy American Act Requirements

MF
Morrison & Foerster LLP

Contributor

Known for providing cutting-edge legal advice on matters that are redefining industries, Morrison & Foerster has 17 offices located in the United States, Asia, and Europe. Our clients include Fortune 100 companies, leading tech and life sciences companies, and some of the largest financial institutions. We also represent investment funds and startups.
Earlier this month, the Federal Acquisition Regulatory Council ("FAR Council") issued a final rule tightening the Buy American Act preference for domestic products and construction materials.
United States Government, Public Sector

Earlier this month, the Federal Acquisition Regulatory Council ("FAR Council") issued a final rule tightening the Buy American Act preference for domestic products and construction materials. The final rule makes only limited changes to the proposed rule we previously commented on. First, the effective date of the rule is pushed back to October 25, 2022, giving industry additional time to prepare for the more stringent requirements for future procurements. Second, when keeping up with changing domestic content thresholds is not feasible in a particular procurement, the final rule provides an alternative and less onerous domestic content test. Third, the FAR Council has postponed creation of a price preference for domestically made critical items or critical components until a definitive list of such items and components is established, and the Council similarly has delayed creation of new post-award reporting requirements.

Read the full blog post.

Originally published by Government Contracts Insights

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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