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ARTICLE · 09 AUGUST 2019

"Buy American" (Again): New Executive Order Requires Changes (By 2020)

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On July 15, 2019, President Trump signed an Executive Order requiring regulations implementing the Buy American Act, 41 U.S.C. §§ 8301-8305, to be changed.

United StatesGovernment, Public Sector
David Gallacher
David Gallacher
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On July 15, 2019, President Trump signed an Executive Order requiring regulations implementing the Buy American Act, 41 U.S.C. §§ 8301-8305, to be changed. While President Trump has previously issued two other policy-based "Buy American" Executive Orders, this new Order directs that specific changes be made, reversing government policies that have been in place for 65 years. These changes have the potential to significantly disrupt many government contractors' supply chains and internal compliance programs. As such, companies should start planning now for the final regulations that are expected sometime in 2020.

The Buy American Act (BAA)

Subject to multiple exceptions (some of which are discussed below), the BAA requires the government to purchase products "manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States." 41 U.S.C. § 8302(a)(1). The Federal Acquisition Regulation

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