PSC Comments on Amendments to the FAR Buy American Act Requirements

Arlington, Va. (Nov. 11, 2021) In comments submitted by the Professional Services Council (PSC) on October 28, 2021, to the Department of Defense, General Services Administration, and National Aeronautics and Space Administration, PSC provided recommendations on the proposed rule affecting the Federal Acquisition Regulation (FAR) Buy American Act (BAA) requirements. 

“PSC supports the fundamental intent of the proposed rule,” said PSC Executive Vice President for Policy Stephanie Kostro. “Strategic investments in American industry and workers will serve to strengthen our economy, protect our national security, and bolster innovation in key sectors. How we make these investments must be carefully planned and executed, with thoughtful consideration of the practical impact of policy decisions.” 

PSC focused its comments on how the U.S. Government can protect the competitiveness of the technology and services industry. PSC also noted that, absent deliberate policy development and improved engagement with the government contracting community, the government may add compliance costs and resource burdens that inhibit its stated goals: to help American businesses compete in strategic industries and help America’s workers thrive. 

Specifically, PSC highlighted the need for: 1) recognition that historically, services contracts have not included BAA requirements and that the requirements outlined in the proposed rule do not make sense for services contracts; 2) an alternative for the proposed post-award reporting requirements; and 3) exemptions for Commercial Information Technology and waivers for Commercial Off the Shelf items.

Kostro said, “The FAR rule as proposed could burden both agencies and contractors—for example, complying with BAA component requirements would be immensely challenging, if not impossible, in a services context—and its implementation could undermine U.S. competitiveness in our industry sector. PSC welcomes the opportunity to engage further with our government partners to help ensure a commonsense approach to these types of issues.”


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Media Contact: 
Pheniece Jones 
Director, Media Relations