On July 30, 2021, in furtherance of President Joe Biden’s January 25, 2021, executive order1 to encourage the use of federal procurements to support American businesses and workers, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) announced a proposed rule intended to strengthen the Buy American Act (BAA) requirements in the Federal Acquisition Regulation (FAR).2 Sidley previously addressed this proposal in detail.
On March 7, 2022, DOD, GSA, and NASA (collectively, the Government) issued a final rule amending the FAR, which will go into effect on October 25, 2022.3 Although the final rule implements some of the proposals first seen in the proposed rule, the final rule acknowledges that it leaves much undone. Therefore, we should expect to see more changes—though, even then, all of the considerations highlighted in last year’s proposed rule may not see the light of day for some time, if ever.
To best understand what aspects of the BAA remain as they have been and what are changed, this Alert first addresses the key elements that remain the same.
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