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On January 25th, President Biden issued one of his first Executive Orders, making changes to the “Made in America” program. The order left many with questions about how it would affect trade and international investment into the U.S.

{{RELATEDLINKS}} About the Executive Order Who Should Pay Attention? Some of the Remaining Questions For international companies falling into the categories above that were considering U.S. manufacturing projects in the Trump era, Biden’s Executive Order may be the push they needed to pull the trigger. Domestic companies aiming to pursue federal bids — or deriving large portions of their revenues from federal contracts — will certainly be watching this closely and may even proactively begin searching for an increased domestic supply chain.

There are plenty of challenges associated with this order, which were largely not addressed in this article. The Buy American Act and its interpretation have historically been (and remain) quite complex. However, while there will certainly be issues with implementation and ensuring the positives outweigh negatives, this recent order creates additional momentum for U.S. manufacturing and is bound to give certain global companies extra incentive to consider production in the U.S.

1 Information technology is defined under FAR 2.101 as “any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission or reception of data or information by the agency.” It includes “computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security & surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services) and related resources.”

2 Iron and steel end products have a 95 percent domestic content requirement.