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ARTICLE · 10 JANUARY 2014

The DoD Issues New Interim Rule On PV Devices

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The Department of Defense recently issued an interim rule amending the applicable Defense Federal Regulation Acquisition Supplement related to country of origin determinations for photovoltaic devices covered by a DoD contract.

United StatesGovernment, Public Sector
Harry Clark
Harry Clark
Christopher Gladbach
Christopher Gladbach
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The Department of Defense (DoD) recently issued an interim rule amending the applicable Defense Federal Regulation Acquisition Supplement (DFARS) related to country of origin determinations for photovoltaic (PV) devices covered by a DoD contract. This interim rule should provide further clarity for project developers as to how certain PV panels sourced from foreign countries used in the performance of DoD contracts will be covered by special domestic preference requirements contained in the DFARS and other applicable laws and regulations - the "PV Device Requirements."

Background

The PV Device Requirements were legislated as part of the 2011 National Defense Authorization Act (the 2011 NDAA) the President signed into law in January 2011. The DoD implemented the PV Device Requirements in procurement regulations applicable to DoD projects in May 2012. The PV Device Requirements specify that acquisition of PV devices under certain types of DoD contracts must comply

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