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FAR Council Tightens Buy American Act Requirements

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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 <a href="https://govcon.mofo.com/protests-litigation/far-council-tightens-buy-american-act-requirements/" target="_blank">full blog post</a>.