ARTICLE · 11 MAY 2021

Biden Administration Seeking Big Changes To "Made In America" Requirements

Alston & Bird

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The impact of the Order on the new FAR provisions is uncertain, but it is clear that change is on the horizon for government contractors.

United StatesGovernment, Public Sector

Jeffrey A. Belkin

On January 25, 2021, President Biden signed an Executive Order, titled "Executive Order on Ensuring the Future Is Made in All of America by All of America's Workers," aimed at strengthening domestic manufacturing and increasing transparency in procurement for federal contracts. While the exemption for information technology as a commercial item remains untouched – though to be studied – and while the Order does not modify the rules for acquisitions subject to the Trade Agreements Act, the Order may yet have a significant impact on contractors. President Biden's Order revokes several prior presidential actions on the subject and supersedes others, including the Trump Administration's July 2019 Executive Order 13881, which had been implemented by the FAR Council as a final rule only days before. The impact of the Order on the new FAR provisions is uncertain, but it is clear that change is on the horizon for government contractors. Jeff Belkin was interviewed by Law360 o

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