Federal acquisition law and regulations often require government agencies to give purchasing preference to domestic suppliers. These preferences—some of which have remained unchanged since the Eisenhower Administration—have not always been implemented consistently or effectively. That uncertain landscape may be about to change.

On Monday, January 25, 2021, the Biden Administration issued an Executive Order setting forth a rejuvenated federal policy to procure goods and services from sources that will “help American businesses compete in strategic industries and help America’s workers thrive.” According to an accompanying Fact Sheet, the new policy is intended to help ensure that “when the federal government spends taxpayer dollars they are spent on American made goods by American workers and with American-made component parts.” The Executive Order will fulfill President Biden’s promise “to make Buy American real and close loopholes that allow companies to offshore production and jobs while still qualifying for domestic preferences.”

See our Legal Update for an overview of the Executive Order. We will continue to track and report on developments in this Blog.