Contract Policy - Foreign Acquisition

Consistent with the requirements at FAR Part 25 and DFARS Part 225, DoD is committed to maximizing the use of goods, products, and materials produced in, and services offered in, the United States – Made in America. The Department continuously strives to increase our procurement of goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive.

 

Increasing our domestic capabilities has been a longstanding initiative of the Federal government, starting with the Buy American Act of 1933 (BAA) (41 USC Ch. 83: Buy American). In support of the Buy American statute, the Department collects information regarding contracts where we were not able to buy from U.S. sources. The Department also is providing transparency on the use of exceptions to the Buy American statue.

 

The President’s EO 14005, “Ensuring the Future is Made in All of America by All of America’s Workers,” encourages preference for U.S. goods in support of American workers through the full use of domestic preference laws and regulations within federal contracting. It also created the OMB Made in America Office (MIAO) to review use of exceptions to provisions in the Buy American statute.

OMB and MIAO Guidance

OMB provided guidance for implementation of EO 14005 and set up a portal for the public to review exceptions and waivers.

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Domestic Preference Policy and Regulations

Information about contracting policies and regulations related to domestic preference purchasing are provided here.

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Reporting

DoD reports demonstrate efforts made to increase the Department’s Made in America purchasing.

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Building Domestic Sources

DoD is reviewing critical supply chains to build domestic manufacturing resilience and domestic / ally sources so that waivers will not be needed.

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International Agreements, Exceptions and Waivers

The laws and rules that promote purchasing from domestic US sources have allowable exceptions and waivers, including binding commitments under international agreements with partner countries.

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DoD Senior Accountable Officials Network

To promote communications, the Department set up SAOs for domestic sourcing in the Army, Air Force, Navy and DLA.

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