LABOR & EMPLOYMENT - Court Enjoins Vaccine Mandate Nationwide: The Practical Implications for Federal Contractors - On December 7, 2021, the United States.
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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.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. 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. The United States Government should, whenever possible, procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive. Additionally, to promote an accountable and transparent procurement policy, each agency should vest waiver issuance authority in senior agency leadership, where appropriate and consistent with applicable law.