Executive Order 14005
Not even one week into the Biden Administration’s tenure, Buy American rules are yet again taking center stage as a fundamental policy objective. On January 25, 2021, President Biden issued Executive Order 14005 entitled “Ensuring the Future is Made in All of America by All of America’s Workers,” which sets forth the new Administration’s policy of utilizing the federal procurement process to maximize the use of goods, products, and materials that are US-origin. Executive Order 14005 takes aim at overhauling “Made in America Laws,” which it defines broadly as inclusive of all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement known interchangeably as Buy America or Buy American rules which provide a preference for purchase of domestic goods and materials that are US-origin. But unlike Executive Order 13788 issued by the Trump Administration making changes to Buy America rules, P
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On January 25, President Biden signed an Executive Order that contemplates increasing the domestic content thresholds and price preferences for domestic goods under the Buy American Act ( BAA, 41 U.S.C. §§ 8301-8305).
1 The Order follows the Federal Acquisition Regulatory Council s issuance of a final rule on January 19 (the Trump administration s last full day in office) that increased the domestic content thresholds and price preferences under the BAA pursuant to a July 2019 Executive Order issued by President Trump.
2 President Biden s Order directs the FAR Council to consider proposing further increases, along with changes to the methodology used to measure domestic content under the BAA. The Order also establishes a new, centralized process aimed at minimizing federal agencies use of the waivers and exceptions authorized by the BAA, and by other statutes that require or give preference to the use of dome
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On January 19, 2021, the domestic content restrictions of the Buy American Act (BAA) were significantly changed via a final rule (Final Rule) issued by the Federal Acquisition Regulation (FAR) Council. The Final Rule stemmed from a July 2019 Executive Order issued by President Trump, titled Maximizing Use of American-Made Goods, Products, and Materials, which sought to overhaul domestic content restrictions associated with federal procurement subject to the BAA.
It is more important than ever for government contractors subject to the BAA to understand the Final Rule s updated requirements, especially as the Biden Administration turns its attention to further tightening the BAA s restrictions. Soon after the publication of the Final Rule, President Biden issued another BAA-focused Executive Order that may result in even further significant revisions to the contours of the BAA. This alert will first outline the three key
Wednesday, February 3, 2021
Recent modifications to regulations and federal government acquisition policies portend big change for contractors across the US, and their suppliers around the world. Breaking away from traditional political positions, former President Donald Trump and newly-inaugurated President Joe Biden each took steps in January 2021 to revise Buy American Act (BAA) requirements, which could have significant impacts on companies doing business with the US government.
Federal Acquisition Council Issues Final Rule
On January 19, 2021 – the day before inauguration – the Federal Acquisition Regulatory Council (the FAR Council) issued its long-anticipated Final Rule, largely implementing a July 2019 Trump Administration Executive Order seeking to maximize the use of US-made goods. The Final Rule makes three key changes to BAA requirements.
‘Made in America’ President Biden Signs Executive Order to Boost U.S. Manufacturing, but to What Practical Effect? Monday, February 1, 2021
On January 25, 2021, President Biden signed the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers” (Made in America EO) to leverage federal purchasing power to strengthen domestic manufacturing, spur job creation for Americans, and bolster the middle class. The EO tightens “Made in America Laws,” including the Buy American Act (BAA), at a time when U.S. industries and supply chains are faltering under the strains of the COVID-19 pandemic.
To many onlookers, President Biden’s reliance on Made in America laws to boost domestic manufacturing echoes the “Buy American, Hire American” strategy implemented by former President Trump. Yet the Biden administration argues that, unlike the numerous orders and directives issued by his predecessor, this EO provides “a clear direct