[Federal Register Volume 86, Number 12 (Thursday, January 21, 2021)]
[Presidential Documents]
[Pages 6547-6548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01469]


 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 86 , No. 12 / Thursday, January 21, 2021 / 
Presidential Documents  

[[Page 6547]]


                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 Executive 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 
                manufactured 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 expressed 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 evaluation; 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

[[Page 6548]]

                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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 14, 2021.

[FR Doc. 2021-01469
Filed 1-19-21; 11:15 am]
Billing code 3295-F1-P