SAFE Services Act

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to ensure that, to the maximum extent practicable and consistent with the interests of national security, with respect to contracts for the procurement of professional services, contracting officers give a preference to offerors that are United States companies.

The Secretary of Defense may waive the requirement for a preference described in subsection (a) with respect to a contract if the Secretary determines that—

(A) adherence to the preference would prevent the Department of Defense from meeting an urgent operational requirement; or

(B) no United States company is capable of fulfilling the requirements of the contract in a timely or cost-effective manner.

The Secretary of Defense shall issue a waiver under this subsection in writing, shall include a justification for the waiver, and shall submit notice of such waiver to the congressional defense committees not later than 30 days after issuance of such waiver.

In this section:

(1) The term United States company —

(A) means a business entity that—

(i) is organized under the laws of a State, territory, or possession of the United States or the District of Columbia;

(ii) has its principal place of business in the United States; and

(iii) is not directly or indirectly owned or controlled by a foreign entity; and

(B) includes a joint venture for which a business entity described in subparagraph (A) holds an ownership interest greater than or equal to 50 percent.

(2) The term professional services includes the following services:

(A) Engineering.

(B) Architecture.

(C) Design.

(D) Environmental consulting.

(E) Financial consulting.

(F) Program management.

(G) Legal.

(H) Other services as defined in the Federal Acquisition Regulation.