The Buy American Act: Examination, Analysis and Comparison
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THE BUY AMERICAN ACT:
EXAMINATION, ANALYSIS AND COMPARISON-
Captain Charles W. Trainor
I. INTRODUCTION
The Buy American Act of 1933, as modified by Executive Order
10582, grants a preference to domestic manufacturers offering do-
mestic products when goods are sought for governmental use. This
article will trace the legislative history of the Act, its development
up to and including the 1949-1954 anti-act movement, and culmi-
nate with the impact of the 1954 Executive Order. The article
will then focus on the Armed Services Procurement Regulations [as
they apply to the Buy American Act of 1933] and procurement
practices utilized by the Department of Defense. The text will
discuss the major exceptions to application of the buy-at-home
policy, specifically the Canadian and Norwegian exceptions. The
article will then enter the international arena, examining first the
buy-national provisions of the General Agreement on Tariffs and
Trade, and second, the Most-Favored Nations Clause. These pro-
visions will be considered with the previous discussion of the Ca-
nadian-Norwegian exception to the Buy American Act and a de-
termination will be made as to whether present procurement prac-
tices are inconsistent with these international commitments. Finally,
the paper will examine government procurement practices in Eu-
rope, North America, and Japan, looking specifically at the require-
ments individual countries have specified for prospective suppliers
and the different way, if any, that these countries treat a foreign
bidder as opposed to a domestic bidder at the time of award or
solicitation.
*This article was adapted from a thesis presented to The Judge Advocate
General's School, U.S. Army, Charlottesville, Virginia, while the author was a
member of the Twenty-First Advanced Course. The opinions and conclusions pre-
sented herein are those of the author and do not necessarily represent the views of
The Judge Advocate General's School or any other governmental agency.
* B.S. 1967, United States Military Academy; J.D. 1972, Villanova University.
Office of the Staff Judge Advocate, United States Army Alaska.](ViewImageLocal?handle=hein.journals/milrv64&div=7&collection=&method=preview&ext=.png&size=3)
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The Buy American Act: Examination, Analysis and Comparison
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