Federal Register #DHS-2024-0020

DHS Final Rule: Make Personal Protective Equipment in America Act Restrictions on Foreign Acquisition

The Department of Homeland Security (DHS) has issued a final rule to strengthen domestic manufacturing of Personal Protective Equipment (PPE) in compliance with the Make PPE in America Act. - Government Buyer: - Department of Homeland Security (DHS) - Office of the Chief Procurement Officer - Products/Services Requested: - Personal Protective Equipment (PPE), including: - Surgical masks - Respirator masks - Powered air purifying respirators and required filters - Face shields - Protective eyewear - Gloves - Disposable and reusable surgical and isolation gowns - Head and foot coverings - Other gear or clothing used to protect individuals from disease transmission - OEMs and Vendors: - No specific OEMs or vendors named; regulation prioritizes American manufacturers and small businesses - Unique/Notable Requirements: - PPE must be domestically grown, reprocessed, reused, or produced - Contracts must last at least two years plus option periods - Exceptions and waivers allowed for nonavailability or unreasonable cost - Contractors must certify compliance with domestic sourcing requirements - Applies to DHS, Department of Veterans Affairs, and Department of Health and Human Services - Focus is on ensuring a resilient, domestic PPE supply chain for national public health response

Description

The Department of Homeland Security (DHS) is issuing a final rule to amend the Homeland Security Acquisition Regulation (HSAR) to codify compliance with the Make Personal Protective Equipment (PPE) in America Act. The rule aims to ensure the sustainment and expansion of domestic manufacturing for certain types of PPE critical to the United States' national response to public health crises. It includes provisions for procurement contracts to prioritize domestically grown, reprocessed, reused, or produced PPE and requires contracts to last at least two years plus option periods to incentivize domestic production. The rule also outlines exceptions and waivers under specific conditions such as nonavailability or unreasonable cost, and establishes certification requirements for contractors.

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