DoD’s Acquisition and Sustainment Leaders recently updated the public on DoD’s COVID-19 acquisition policy at the Pentagon and announced a joint task force to handle the influx in medical and personal protective equipment needs.
One of DoD’s primary points of focus during this conference was a warning to contractors about adversarial capital during this crisis.
The Buy American Act generally requires construction contractors to use domestically-made materials, unless an exception applies. One important exception allows contractors to use foreign-produced materials when the cost of domestic material is six percent more expensive. To qualify under this exception, however, a contractor must provide certain information outlined by the FAR with its bid.
But what if a contractor doesn’t provide every piece of required information? Is its proposal automatically doomed as non-responsive? Not necessarily. A recent case shows that offerors may have some wiggle-room.