Waiver of FAR Credit for Forgiven PPP Loans Passes House

ACEC News / Advocacy

September 24, 2021

Waiver of FAR Credit for Forgiven PPP Loans Passes House

ACEC’s campaign to win passage of 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) got a big boost this week, as the House of Representatives passed the waiver as an amendment to the annual National Defense Authorization Act.

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), Troy Balderson (R-OH), Rodney Davis (R-IL), and Raja Krishnamoorthi (D-IL), was passed by voice vote.

The Brown amendment states that “no cost reduction or cash refund shall be due to the Department of Transportation or to a State transportation department, transit agency, or other recipient of assistance” on the basis of forgiveness of the payroll costs of a covered PPP loan.

ACEC will be coordinating with lead sponsors in the Senate on securing final passage of the amendment.

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