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Recently, the Department of Defense (DOD) issued a final rule that immediately implements
President Trump’s Executive Order (E.O.) 13881 to maximize the
government’s procurement of American-made goods, products, and
materials under the Buy American Act (BAA) statute. The final rule
conforms the DOD’s pre-existing BAA supplemental regulations,
found in the Defense Federal Acquisition Regulation Supplement
(DFARS), to match the Federal Acquisition Regulation (FAR) current
requirements, which we commented on previously. The FAR Council,
however, promulgated a more stringent rule in March to implement
President Biden’s subsequent E.O., as we noted previously. Thus, while now in sync, the
FAR and DFARS requirements will be once more out-of-sync in
October, when the March FAR rule goes into effect, unless the DOD
promulgates a matching DFARS rule by then.
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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