OMB has issued guidance to agencies on carrying out President Biden’s executive order encouraging them to purchase U.S.-made goods over imports, the latest in a series of “Buy American” laws and orders over time.
“Greater management attention to strategies that incentivize domestic manufacturing investment and centralized management of waivers will send a strong demand signal to industry, thereby incentivizing enhanced domestic production activity and investment in domestic supply chains . . . agencies should take a holistic approach to implementing the executive order, including by addressing how they will minimize waivers to all Made in America Laws,” says OMB memo M-21-26.
Among other provisions, the Biden order establishes within OMB a Made in America Office, which “will provide greater oversight of waivers from Made in America Laws, thus increasing consistency and public transparency” over any waivers of the general requirements, it says. OMB “contemplates a phased implementation approach to allow the MIAO to build capacity and to give agencies time to adjust to new processes.”
The memo addresses issues including designation senior accountable officials, reporting on compliance, the waiver process and public posting of information on waivers, among other topics.
The order also requires the Federal Acquisition Regulatory Council to review the FAR to strengthen provisions there, the memo notes.