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Onshoring: The Intersections of National Security, COVID Response, Biden’s Buy American, and the TAA

Thursday, February 18, 2021

In 2020, calls for onshoring, federal purchases from domestic sources, and the creation of domestic supply chains arose from every corner of the government–from Republicans, Democrats, the House, the Senate and the President, arising from at least two separate sets of considerations: COVID and a broad spectrum of national security concerns. Many of these were expressed in proposed or final legislation, the issuance of numerous executive orders, and the promulgation of regulations through formal notice and comment rulemaking.

Meanwhile, the Federal Circuit issued a landmark decision interpreting the FAR procurement regulations implementing the Buy American and Trade Agreements Acts. Where does that leave us now?

Stephen Ruscus and Katelyn Hilferty discuss the Biden administration’s early actions with respect to onshoring and domestic sourcing, including an analysis of important previous administration executive orders and regulations that the new president has left in place.