Encouraging Buy American Policies for the United States Postal Service

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

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.