February 5, 2021

On January 25, 2021, President Biden issued an Executive Order setting out the new Administration’s policy that Federal procurements should maximize the use of U.S. goods and services.  The Executive Order, among other things, directs U.S. Government agencies propose actions “as soon as practicable” to enforce the policy set forth in the order.  The order also creates a Made in America Office at the White House Office of Management and Budget that will review waivers to Buy America/Buy American requirements, thus making it more difficult to obtain foreign products or services.  At this time, the broad language in the order leaves many open questions about how the new policy will be implemented, including how the rules for identifying domestic origin will change and whether waivers under the Trade Agreements Act—which allows federal agencies, under certain circumstances, to purchase products from countries that the U.S. has a free trade agreement with as if they were domestic products—will be more difficult to obtain. 

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