The proposal from the FAR Council would eliminate waivers for about 70 articles on grounds that there is enough domestic manufacturing capacity. Image: Thomas Pajot/Shutterstock.com
By: FEDweek StaffThe Federal Acquisition Regulatory Council has proposed a tightening of the list of items excepted from the general “Buy America” requirements applying to purchases of goods and services by federal agencies.
“This proposed rule represents a general reset of the list to remove a presumption of nonavailability, encouraging further market research and sending a clear signal to industry. The proposed rule would also foster investments in the domestic manufacturing of the articles removed from the nonavailability list,” says a White House fact sheet.
The proposal from the FAR Council—consisting of GSA, DoD and NASA—would eliminate waivers for about 70 articles on grounds that there is “sufficient domestic manufacturing capacity” or that importation raises “national security and supply chain concerns.”
In the former category are items such as certain types of beef, petroleum/crude oil, cadmium, and talc; in the latter are microprocessor chips for incorporation into federal buildings during construction or repair, as well as minerals including nickel, platinum and certain “rare Earth” minerals.
In the latter case, “If the rule is finalized as proposed, agencies will be required to publish proposed waivers for each acquisition in which they plan to procure these items from foreign sources and a final waiver will be required for the acquisition when an item is not procured domestically or from a partner to the World Trade Organization Agreement on Government Procurement or a trade agreement.”
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