Encouraging Buy American Policies for the United States Postal Service
| Published date | 21 January 2021 |
| Citation | 86 FR 6547 |
| Record Number | 2021-01469 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Presidential Documents
6547
Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Presidential Documents
Executive Order 13975 of January 14, 2021
Encouraging Buy American Policies for the United States
Postal Service
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. As expressed in Executive Order 13788 of April 18,
2017 (Buy American and Hire American), Executive Order 13858 of January
31, 2019 (Strengthening Buy-American Preferences for Infrastructure
Projects), and Executive Order 13881 of July 15, 2019 (Maximizing Use
of American-Made Goods, Products, and Materials), it is the policy of the
United States to buy American and to maximize, consistent with law, the
use of goods, products, and materials produced in the United States.
Sec. 2. Definitions. As used in this order:
(a) ‘‘Buy American’’ means all policies that require, or provide a preference
for, the purchase or acquisition of goods, products, or materials produced
in the United States, including iron, steel, and manufactured goods; and
(b) ‘‘Buy American Laws’’ means all statutes, regulations, rules, and Execu-
tive Orders relating to Federal procurement or Federal grants—including
those that refer to ‘‘Buy America’’ or ‘‘Buy American’’—that require, or
provide a preference for, the purchase or acquisition of goods, products,
or materials produced in the United States, including iron, steel, and manu-
factured goods.
Sec. 3. Purpose. (a) In certain competitive procurements, the United States
Postal Service (USPS) currently applies its own Buy American domestic
procurement preferences similar to Buy American Laws implemented across
executive departments and agencies. Under such circumstances, and as ex-
pressed in section 2–36 of the USPS Supplying Principles and Practices
(SPP), USPS procurement policies state that:
(i) When the relative importance of price is more important than the
other evaluation factors, 6 percent is added to the proposed price of
the non-qualifying end product and this adjusted price is used for evalua-
tion; and
(ii) An end product qualifies as manufactured in the United States if
the cost of its components mined, produced, or manufactured in the
United States exceeds 50 percent of the cost of all its components, similar
to domestic content requirements under the Buy American Laws.
(b) Executive Order 13881 required the Federal Acquisition Regulatory
Council (FAR Council) to consider proposing new rules in the Federal
Acquisition Regulation (FAR), title 48, Code of Federal Regulations, to
strengthen Buy American preferential price differentials and domestic content
requirements. To ensure consistency across the Federal Government as a
whole and to further promote my Administration’s Buy American policy
goals, USPS is strongly encouraged to consider similar changes to its Buy
American domestic procurement preferences.
Sec. 4. Encouraged Rules. Within 90 days of the date of the FAR Council’s
issuance of any final rule discussed in section 2 of Executive Order 13881,
the United States Postmaster General is encouraged to consider:
(a) An amendment or amendments to the applicable sections of the SPP
to conform with the FAR provisions regarding price differentials when the
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6548
Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Presidential Documents
relative importance of price is more important than the other evaluation
factors; and
(b) An amendment or amendments to the applicable sections of the SPP
to conform with the FAR provisions regarding when materials shall be
considered to be of foreign origin.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof;
(ii) the authority granted by law to the USPS, its officers, or its Board
of Governors; or
(iii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
January 14, 2021.
[FR Doc. 2021–01469
Filed 1–19–21; 11:15 am]
Billing code 3295–F1–P
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