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Biden list of executive orders11/9/2023 ![]() ![]() ![]() The final rule issued by the Trump administration was published the day before Inauguration Day and was set to take effect on January 21, which would make it subject to the Biden administration’s regulatory freeze issued on January 20. Biden’s order said that the July executive order is “superseded to the extent inconsistent” with the July 2019 executive order. That final rule increased the domestic content threshold from 50% to more than 55% for most products (this is higher for products mainly made of iron and steel) and the price preference from 6% to 20% for large businesses, and from 12% to 30% for small businesses, excluding Defense Department procurements. “At this point it’s very hard for contractors to predict and make any supply chain adjustments because we just don’t know what this test is going to look like,” said Clifee.Īlan Chvotkin, partner at Nichols Liu, LLP, a government contracts law firm, who was previously executive vice president and counsel at the Professional Services Council, told Government Executive, “in many respects, the Trump administration had already laid significant groundwork for a lot of the activities” due to a similar final rule issued on January 19, the day before Inauguration Day, which implemented a July 2019 executive order issued by then-President Trump. Specifically, the executive order said that within 180 days, the FAR Council should consider: replacing the “component test” (which says that over 50% of a product’s cost must have a domestic origin), increasing the numerical threshold for domestic content requirements for construction materials and end products, and increasing the price preferences for domestic construction materials and end products. This is because any new rules will have to go through the formal rulemaking process. “The directs the to consider proposing rules to tighten up the requirements,” so “there are no immediate changes,” said Adelicia Cliffe, partner at the law firm Crowell and Moring, who is part of the firm’s government contracts and international trade group. The federal government spends about $600 billion annually in contracting and current laws giving preference to American companies are not always followed and haven’t been “substantially updated since 1954,” said a fact-sheet from the White House. It builds on current laws-the Buy American and Buy America statutes, passed in 19, respectively. ![]() The full impact of President Biden’s “Made in America” executive order compelling federal contractors and agencies to purchase more U.S.-manufactured products won’t be clear for some time, according to experts.įive days after taking office, Biden issued an executive order on January 25 to push federal agencies to buy more products made in the United States. ![]()
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