Government Contracts E.O. Stresses Domestic Preferences for Infrastructure Projects
Tuesday, February 19, 2019

E.O. Stresses Domestic Preferences for Infrastructure Projects

By Government Contracts Editorial Staff

Executive Order 13858, Strengthening Buy-American Preferences for Infrastructure Projects, requires executive agencies to encourage recipients of new federal financial assistance awards pursuant to a covered program to use, to the greatest extent practicable, iron and aluminum, as well as steel, cement, and other manufactured products produced in the United States in every contract, subcontract, and purchase order. A “covered program” is any program for which a focus of the statutory authorities under which it is administered is the award of federal financial assistance for the alteration, construction, conversion, demolition, extension, improvement, maintenance, reconstruction, rehabilitation, or repair of an infrastructure project in the U.S.

Buy-American Principles. The January 31, 2019, order, which is intended to strengthen Buy-American principles, implements the government’s policy set forth in E.O. 13788, Buy American Hire American, to maximize the use of goods, products, and materials produced in the U.S. for federal procurement infrastructure projects. The order identifies infrastructure projects as those that that are designed to provide or support services to the general public in the following sectors: surface transportation, including roadways, bridges, railroads, and transit; aviation; ports, including navigational channels; water resources projects; energy production, generation, and storage, including from fossil-fuels, renewable, nuclear, and hydroelectric sources; electricity transmission; gas, oil, and propane storage and transmission; electric, oil, natural gas, and propane distribution systems; broadband internet; pipelines; storm water and sewer infrastructure; drinking water infrastructure; and cybersecurity.

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