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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.