On April 18, 2017, Donald Trump signed a Presidential Executive Order on Buy American and Hire American (EO). As we reported at the time, Section 3 of the EO directed the heads of all federal agencies to, among other things: (1) assess the monitoring of, enforcement of, implementation of, and compliance with Buy American laws within their agencies; (2) assess the use of BAA waivers within their agencies; and (3) develop and propose policies to ensure federal funds maximize the use of materials produced in the United States. It also ordered the Department of Commerce (DOC) and the Office of Management and Budget (OMB) to issues guidance to agencies about how to comply with their obligations.
In accordance with the EO, on June 30, 2017, the DOC and OMB issued a joint memorandum directing the heads of all Executive departments and agencies to conduct an analysis and prepare a report of their efforts to meet their Section 3 obligations (a "Section 3 Report"). Pursuant to that guidance, each agency's Section 3 Report must address the agency's BAA-related procedures and guidance, compliance reviews, marketing and outreach, and training. Agencies are also required to submit detailed information regarding their issuance of BAA exceptions and waivers.
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