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ARTICLE · 01 AUGUST 2019

President Issues New Domestic Preference Executive Order

Morrison Foerster
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The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA).

United StatesGovernment, Public Sector
Damien C. Specht
Damien C. Specht
James Tucker
James Tucker
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The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA). EO 13881 orders the Federal Acquisition Regulatory Council (FAR Council) within 180 days to "consider proposing" a rule with the following features:

  1. an amendment to the applicable provisions in the FAR that would provide that materials shall be considered to be of foreign origin if:

    1. for iron and steel end products, the cost of foreign iron and steel used in such iron and steel end products constitutes 5 percent or more of the cost of all the products used in such iron and steel end products; or

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