Executive Order on Buy American Focuses on Domestic End Products, Creates New Department

Legal Alert

February 1, 2021

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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 “Executive Order”), which includes changes to bring transparency to the granting of waivers for “Made in America” requirements and orders a review of domestic preference rules. The Executive Order:

Establishes the Made in America Office within the Office of Management and Budget (“OMB”) that will implement a centralized review and approval process for waivers to “Made in America” requirements;
Requires the development of a public website containing information on waivers that are proposed and granted; and
Orders the Federal Acquisition Regulatory Council, within 180 days of the Executive Order, to consider amendments to existing FAR rules concerning the supply and use of domestic end products and domestic construction materials.

The Executive Order requires heads of agencies, within 180 days, to submit reports to the Made in America Director detailing the agency’s compliance with Made in America Laws, including waivers, and how the agency can further effectuate the underlying policy goals of the Executive Order. The Executive Order also revokes some executive orders of the previous administration entirely and suspends others to the extent they are inconsistent with the Executive Order.

We continue to monitor federal, state, and local governments that are implementing rules and regulations to encourage the increased procurement of goods and services made in the United States. SGR will release further guidance as warranted. If you have specific questions about federal, state, or local regulations, or if you would like information about the details of this or other executive orders issued by the Biden administration, please contact Peter Crofton, Greg Smith, or William Burnett.