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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.
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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
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.
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WHAT: President Biden continued his flurry of initial executive actions by signing an Executive Order (EO) on Tackling the Climate Crisis at Home and Abroad. The Executive Order builds on the Biden Administration’s previous climate change actions, such as submitting documentation to rejoin the Paris Agreement, and lays out the President’s plans to address climate change through both foreign policy and government-wide activities within the United States. When fully implemented, the Executive Order could affect the types of purchases the Government makes and impose additional environmental responsibilities on private sector entities that do business with the Government. Given the wide range of the Executive Order, the types of affected contractors could be similarly sweeping extending beyond traditional providers of goods and services to include industries such as communications, transportation, managed services, technol
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The Biden Administration’s ‘Made in America’ Executive Order: A Move to Strengthen U.S. Preferences in Federal Spending Friday, January 29, 2021
On Jan. 25, 2021, President Biden issued an Executive Order (E.O.) entitled “Ensuring the Future is Made in All of America by All of America’s Workers.”
1 This E.O. seeks to bolster American industry by strengthening policies and practices related to financial federal assistance awards and federal procurements that require or provide a preference for the purchase or acquisition of goods, products, or materials produced in the United States. While this E.O. has limited immediate impact, agency implementation of the E.O. over the coming months may have a significant effect on some federal procurements and federal financial assistance awards.