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The Biden Administration’s ‘Made in America’ Executive Order: A Move to Strengthen U.S. Preferences in Federal Spending

By Danielle K. Muenzfeld & Scott A. Schipma on January 31, 2021
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US Government

On Jan. 25, 2021, President Biden issued an Executive Order (E.O.) entitled “Ensuring the Future is Made in All of America by All of America’s Workers.”1 This E.O. seeks to bolster American industry by strengthening policies and practices related to financial federal assistance awards and federal procurements that require or provide a preference for the purchase or acquisition of goods, products, or materials produced in the United States. While this E.O. has limited immediate impact, agency implementation of the E.O. over the coming months may have a significant effect on some federal procurements and federal financial assistance awards.

Key Takeaway

The “Made in America” E.O. directs a broad review and strengthening of policies and practices related to federal financial assistance awards and federal procurements that require or provide a preference for the acquisition of goods, products, or materials produced in the United States. While the E.O. has limited immediate impact, agency implementation over the coming months may have a significant effect on some federal procurements and federal financial assistance awards. Contractors and grant recipients subject to Buy America, Buy American, or similar U.S. source requirements and preferences should closely monitor agency implementation of the E.O., and evaluate whether adjustments in manufacturing processes and suppliers are necessary to ensure compliance with increased U.S. source requirements and preferences.

Read the full GT Alert “The Biden Administration’s ‘Made in America’ Executive Order: A Move to Strengthen U.S. Preferences in Federal Spending”

Photo of Scott A. Schipma Scott A. Schipma

Scott A. Schipma focuses his practice on government contracts, public and private construction disputes, and related insurance matters. He counsels and represents clients on a wide range of publicly-funded contract issues, including award decisions, subcontracting, regulatory compliance, data rights, cybersecurity, cooperative agreements, contract

…

Scott A. Schipma focuses his practice on government contracts, public and private construction disputes, and related insurance matters. He counsels and represents clients on a wide range of publicly-funded contract issues, including award decisions, subcontracting, regulatory compliance, data rights, cybersecurity, cooperative agreements, contract terminations, mergers and acquisitions, lender financing, and the preparation and litigation of complex claims related to contract changes. Scott represents clients in bid protests before various state and federal agencies, boards, and forums, including the General Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), the Small Business Administration (SBA), the U.S. Department of Energy (DOE), the Federal Transit Administration (FTA), the United States Postal Service (USPS), and the Federal Aviation Administration (FAA) through the Office of Dispute Resolution for Acquisition (ODRA).

Scott’s practice also involves advising and representing clients involved in the construction and insurance industries. He assists clients with the prosecution and defense of claims and disputes involving national and international construction and development projects in various forums, including state and federal courts, industry arbitration panels, international arbitrations, federal and state boards, and mediations.

Before entering private practice, Scott began his legal career as an Attorney Advisor to the U.S. Navy’s Naval Air Systems Command, where he advised senior leadership regarding the negotiation, award, and administration of aircraft and related weapon-systems procurements. While with the Navy, he also served as Claims Counsel for the Command, and was responsible for the resolution of numerous contractor claims.

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  • Posted in:
    Government and Public Policy
  • Blog:
    GT Israel Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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