ACEC Secures House Passage of PPP Credits Waiver Amendment

July 15, 2022

ACEC Secures House Passage of PPP Credits Waiver Amendment

The House of Representatives has again approved a targeted waiver of a provision in the Federal Acquisition Regulation that is forcing A/E firms to provide credits for forgiven Paycheck Protection Program (PPP) loans on contracts with state departments of transportation (DOTs) and transit agencies.  Enactment of the provision would address a significant challenge facing small firms working on State DOT and local transit projects. 

The amendment, sponsored by Representative Anthony Brown (D-MD) and co-sponsored by Representatives John Katko (R-NY), Pete Stauber (R-MN), and Brian Fitzpatrick (R-PA), was approved as part of a package of amendments to the annual National Defense Authorization Act.  This is the second time the House has approved the measure.

The Brown amendment would provide that “no cost reduction or cash refund (including through a reduced indirect cost rate) shall be due to the Department of Transportation or to a State transportation department, transit agency, or other recipient” on the basis of forgiveness of the payroll costs of a covered PPP loan.

ACEC is coordinating with lead sponsors in the Senate, Senators Mike Braun (R-IN) and Tammy Duckworth (D-IL), on securing final passage.

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