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The United States Government is the world’s biggest single buyer, spending approximately $600 billion a year on purchases. Since 1933, with the passage of the Buy American Act, the federal government has, with varied degrees of success, attempted to eliminate or at least significantly reduce, purchase of foreign products and construction materials.
On January 25, 2021, by signing an executive order (“Order”) that strengthens the Buy American Act provisions, President Biden became the latest American president to target the use of foreign products and materials in federally-funded projects.
The final impact of the Order is still unknown, but it is expected that it will significantly reduce the purchase of foreign-made end products and construction materials by federal and state governments.
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On Jan. 25, 2021, President Biden signed an executive order (EO), “Ensuring the Future Is Made in All of America by All of America’s Workers.” This EO initiates the implementation of Biden’s campaign promise to Buy American, including his commitment to “tighten domestic content rules” and “crack down on waivers to Buy American requirements.”
The EO implements a more consistent and centralized approach to waiver review by establishing a new Made in America office and director role at the Office of Management and Budget (OMB). The EO also initiates several key reviews, which could result in significant changes to current practice, including potential changes to the domestic preference requirements, revocation of exceptions applicable to certain commercial information technology (IT) and revisions to the list of nonavailable items.