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New Buy American Executive Order Bad for Taxpayers

On July 15, 2019, President Donald Trump signed an executive order instructing the Federal Acquisition Regulatory (FAR) Council to consider changing the rules for what is considered “manufactured in the United States” in government procurement.

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What Contractors Need To Know About The Biden Administration's

What Contractors Need To Know About The Biden Administration's
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Biden Leaves in Place Key Portions of Buy American Act Changes, Targets New Domestic End Product Test and Services | Morgan Lewis

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President Joe Biden issued on January 25 an Executive Order on Ensuring the Future Is Made in All of America by All of America's Workers (EO). This EO leaves in place key portions of the prior administration’s July 15, 2019 EO 13881 (Maximizing Use of American-Made Goods, Products, and Materials) and related implementing regulations, orders a sweeping review of multiple domestic preference rules, including proposing standards for domestic products, and establishes a central Office of Management and Budget (OMB) authority to approve federal agency waiver requests of Made in America requirements.

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Made in America – President Biden's Executive Order on Buying (Even More?) American | Sheppard Mullin Richter & Hampton LLP

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On January 25, 2021, President Joe Biden signed an Executive Order on “Ensuring the Future is Made in All of America by All of America’s Workers,” laying his administration’s foundation for further strengthening Buy American laws and encouraging domestic procurement. Using the broad phrase “Made in America Laws,” the EO aims to strengthen “all statutes, regulations, rules, and Executive Orders relating to Federal financial assistance awards or Federal procurement, including those that refer to ‘Buy America’ or ‘Buy American.’” This comes just days after the FAR Council’s implementation of President Trump’s Executive Order 13881, which required significant changes to the regulations implementing the Buy American Act, 41 U.S.C. §§ 8301-8305 (“BAA”), as discussed in our prior blog article. While only time will tell if the FAR Council will revisit the newly released regulations – they probably will, but not until later this year – we have provided below several key points from the EO so companies can start planning now for future developments.

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Biden's 'Made in America' Executive Order

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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.

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President Biden's Bid to Enhance Made in America Preferences | Stinson - Government Contracting Matters

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On January 25, 2021, President Biden issued an Executive Order on “Ensuring the Future is Made in all of America by All of America’s Workers” (the “Order”) to advance the stated policy set forth in Section 1 of: “us[ing] terms and conditions of Federal financial assistance awards and Federal procurements to maximize the use of goods, products, and materials produced in, and services offered in, the United States.”
The Order includes several key components to further the stated policy, including: (1) Establishing a Made in America Office headed by the Made in America Director; (2) Creating a General Services Administration (GSA) public website to increase visibility into the processing for waiver of the requirements and waiver decisions; (3) Enacting changes to the Buy American Act’s (i) “component test”, (ii) domestic content threshold, and (iii) price preference for domestic end products and materials; (4) Raising American supplier visibility; and (5) Reviewing existing Made in America Law exceptions applicable to commercial information technology procurements.

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President Biden signs new Executive Order aimed at strengthening Buy American rules during first week in office | Dentons

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Domestic preference rules are set to change again, as just recently (January 25, 2021), President Biden continued his series of first-week Executive Orders with a new
Order on Ensuring the Future Is Made in All of America by All of America’s Workers. The new Executive Order is part of the Biden Administration’s Build Back Better Recovery Plan, and its purpose is to enhance Buy American policies primarily through the federal procurement process. To this end, the first Section of the President’s new law begins with the following overarching policy statement: “It is the policy of my Administration that the United States Government should, consistent with applicable law, use terms and conditions of Federal financial assistance awards and Federal procurements to maximize the use of goods, products, and materials produced in, and services offered in, the United States.”

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Biden Administration Issues Executive Order on Made in America Laws | Holland & Knight LLP

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President Joe Biden signed on Jan. 25, 2021, executive order (EO) "Ensuring the Future Is Made in All of America by All of America's Workers," that directs a process for updating domestic preferences. This EO builds upon a previous executive order signed by former President Donald Trump (EO number 13881) that was just instituted with final regulations earlier this month (as discussed in a previous blog post).
1 The executive action signals that the new administration is focused on domestic preferences in federal procurement.
Further, the order's waivers and review of domestic preference provisions concern a wide swath of domestic preference laws designated as "Made in America Laws," which includes all statutes, regulations, rules and EOs relating to Buy America, Buy American or providing a preference for domestic goods, products or materials.

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President Biden's Executive Order on Buying American

Wednesday, January 27, 2021
On January 25, 2021, President Joe Biden signed an Executive Order on “Ensuring the Future is Made in All of America by All of America’s Workers,” laying his administration’s foundation for further strengthening Buy American laws and encouraging domestic procurement. Using the broad phrase “Made in America Laws,” the EO aims to strengthen “all statutes, regulations, rules, and Executive Orders relating to Federal financial assistance awards or Federal procurement, including those that refer to ‘Buy America’ or ‘Buy American.’” This comes just days after the FAR Council’s implementation of President Trump’s Executive Order 13881, which required significant changes to the regulations implementing the Buy American Act, 41 U.S.C. §§ 8301-8305 (“BAA”), as discussed in our prior blog article. While only time will tell if the FAR Council will revisit the newly released regulations – they probably will, but not until later this year – we have provided below several key points from the EO so companies can start planning now for future developments.

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Big Changes To Buy American—Biden Issues Broad Executive Order On The Future Of Domestic Purchasing In Federal Procurement | McCarter & English Blog: Government Contracts & Export Controls

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On January 25, 2021, President Biden issued a sweeping Executive Order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” (Order), which is intended to be the first step toward fulfilling his campaign promise to commit to American businesses by strengthening domestic preference rules in government procurement. The Order states the administration’s policy that the US government should “use terms and conditions of Federal financial assistance awards and Federal procurements to maximize the use of goods, products, and materials produced in, and services offered in, the United States.” While this is not a novel policy objective—indeed, the Trump administration articulated similar goals—the Order introduces certain dramatic steps in furtherance of that objective that may ultimately have significant implications for contractors.

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