Presidential Documents

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


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6548 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Presidential Documents 

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. 

THE WHITE HOUSE, 

January 14, 2021. 

[FR Doc. 2021–01469 

Filed 1–19–21; 11:15 am] 

Billing code 3295–F1–P 


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