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New DOD Rule Limits PPE From China and Other Foreign Nations

By Hilary Cairnie, Michael Yaghi & Natalia Jacobo on February 8, 2023
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On January 30, the U.S. Department of Defense (DOD) issued an interim procurement rule, prohibiting the procurement of personal protective equipment (PPE) from four “non-allied” countries: China, North Korea, Russia, and Iran.

Effective January 31, the draft interim rule implements the restrictions in the 2022 and 2023 National Defense Authorization Acts (NDAA), which limit the acquisition of “covered items” like PPE and “sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.” The restrictions (1) boost public health in the U.S., (2) encourage the expansion of domestic capacity to produce PPE, (3) enhance U.S. national security by reducing PPE dependence on these countries, and (4) reduce the influx of counterfeit PPE items into the U.S. The ban on covered items does not apply to PPE procurement used outside of the U.S. or if the maximum procurement value is under $150,000.

The Federal Register published the interim rule on January 31 and will accept comments for the following 60 days.

Why It Matters

The COVID-19 pandemic revealed significant and life-threatening vulnerabilities in the U.S. supply chain for PPE. Among other things, it exposed a seriously deficient PPE domestic production capacity, and the dependence on foreign sources forced the U.S. to compete with other countries to purchase badly needed PPE. As such, the interim rule banning the procurement of covered items makes good sense and good policy. Most importantly, it presents a unique opportunity for companies considering expanding existing domestic production capabilities — the elimination of covered items (typically of lower quality and lesser price) from the U.S. marketplace. Such a ban may go a long way toward establishing a more competitive marketplace for U.S. producers.

Photo of Hilary Cairnie Hilary Cairnie

An experienced and sought-after strategist, Hilary Cairnie counsels clients in nearly all types of government contracting matters.

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Photo of Michael Yaghi Michael Yaghi

Michael is a partner in the firm’s State Attorneys General and Regulatory Investigations, Strategy + Enforcement (RISE) Practice Groups, nationwide teams that advise clients on consumer protection enforcement matters and other regulatory issues. Based in the firm’s Orange County office, Michael represents high-profile…

Michael is a partner in the firm’s State Attorneys General and Regulatory Investigations, Strategy + Enforcement (RISE) Practice Groups, nationwide teams that advise clients on consumer protection enforcement matters and other regulatory issues. Based in the firm’s Orange County office, Michael represents high-profile clients in regulatory enforcement investigations involving all facets of their business, including but not limited to, advertising and sales practices, monthly membership programs, auto renewal programs, telemarketing and telephone solicitations, door-to-door sales practices, and endorsements. Having begun his career as a commercial litigator, he also supports clients throughout litigation, should an investigation move in that direction.

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Photo of Natalia Jacobo Natalia Jacobo

Natalia is an associate in the firm’s Regulatory Investigations, Strategy and Enforcement (RISE) practice. She focuses her practice on two primary areas: government contracting and state attorney general work.

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  • Posted in:
    Administrative and Regulatory, Government Contracts
  • Blog:
    Regulatory Oversight
  • Organization:
    Troutman Pepper Locke
  • Article: View Original Source

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