It's Not Easy Being Green: DoD Tightens up Domestic Preference Restrictions on Photovoltaic Devices

On May 26, 2015, DoD issued a proposed rule to implement further restrictions on the acquisition of domestic photovoltaic (PV) devices mandated by the FY 2015 National Defense Authorization Act. In addition to broadening the scope of application (i.e., applying the restriction when the PV device is installed on DoD property or a facility owned by DoD or if the device is reserved for the exclusive use of DoD for its full economic life cycle), DoD has narrowed the applicable exceptions (e.g., the component prong of the country of origin test is no longer waived for commercially available, off-the-shelf items and acquisition of qualifying country PV devices requires an individual public interest determination), which will make it even harder for suppliers to comply.