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DOD Issues Final DFARS Rule Implementing Increased Buy American Restrictions for Defense Procurements

Inside Government Contracts

The EO was intended to strengthen the requirements of the Buy American Act (“BAA”) by, among other things, directing the FAR Council to issue new rules increasing the domestic content threshold for determining whether a product qualifies as a domestic end product. Beginning in calendar year 2029, the threshold will be 75 percent.

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Back to Basics: The Buy American Act

SmallGovCon

That 65% will become 75% in 2029. However, this law does not actually prohibit the acquisition of non-U.S. One thing to note, if the end product is wholly or predominantly iron, steel, or both, the cost of any foreign iron or steel must constitute less than 5 percent of the cost of all components in the end product.

Price 80
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Friday Flash 04/26/2024

The Coalition for Government Procurement

NITAAC stated that orders placed on CIO-SP3 can have a five-year term, so task orders can potentially run through October 29, 2029. Entities that meet certain threshold criteria – regardless of size – are covered by the rule. The Proposed Rule includes threshold criteria for entities in 13 of the 16 critical infrastructure sectors.

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Key Domestic Sourcing Provisions of the House and Senate Versions of the Fiscal Year (FY) 2024 National Defense Authorization Act (NDAA)

Inside Government Contracts

Even shipbuilding contracts related to research, development, testing, and evaluation activities would be required to meet these thresholds. That percentage would increase on a graduated scale until January 1, 2029, at which time at least 75% of each component article, material, or supply cost must be attributable to U.S.

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The FY 2024 National Defense Authorization Act: Key Provisions Government Contractors Should Know

Government Contracts Legal Forum

This provision of the NDAA seems targeted at bridging the communication gap between the agencies by requiring that the parties to a proposed transaction over the HSR threshold provide a copy of their HSR filing directly to DoD. The authority for this pilot program will sunset on January 1, 2029.

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Friday Flash 3/08/2024

The Coalition for Government Procurement

Like the FAR rule, the new DFARS rule: Modifies the definition of domestic end product, qualifying country end product, and domestic construction material by increasing the domestic content threshold to 65 percent for calendar years 2024 through 2028, and to 75 percent beginning in calendar year 2029.

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Government Contracts Inflation Update

Procurement Notes

75] Looking at the FRED data , it shows a little more variability, but nonetheless affirms ~20% of GDP as a threshold that appears difficult to surpass. [76] 74] Hauser observed that, since WWII, regardless of the tax rates, Federal tax receipts have generally hovered around 19.5% of GDP (call it 20% for the sake of simplicity). [75]