Amendments to the FAR Buy American Act Requirements

On March 7, 2022, the U.S. Department of Defense, General Services Administration, and National Aeronautics and Space Administration published in the Federal Register (87 FR 12780) Amendments to the FAR Buy American Act Requirements.

Effective October 25, 2022, Domestic content requirement for the Buy America Act is increased from 55% to 60%. The domestic content requirement will increase to 65% for items delivered starting in calendar year 2024, and 75% for items delivered starting in calendar year 2029.

The action implements Executive Order 14005 of January 25, 2021.

The rules creates a framework an enhanced price preference for a domestic product for material that is considered a critical item. The list of critical items and enhanced price preference will follow in separate rule.

This does not modify the requirements of the Berry Amendment for Deparement of Defense procurement, nor the Department of Homeland Security Kissell Amendment.