미국의 자국산구매우선법과 상호국방조달협정에 관한 소고

The Buy American Act is the major domestic preference statute governing procurement by the federal government. Essentially, it attempts to protect domestic businesses and labor by establishing a price preference for domestic end products in government purchases. Specifically, the provisions of the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement implementing the Buy American Act require that, when a domestic offer is not the lowest offer, the procuring agency must add a certain percentage of the foreign offer’s price before determining which offer is the lowest priced for the government. However, the Buy American Act can be waived pursuant to the Reciprocal Defense Procurement Memorandum of Understanding(RDP MOU). The RDP MOU calls for the waiver of buy-national restrictions and duties to allow the signatories’ contractors to participate competitively in the defense procurements of the other country. Thus, offers of signatories’ contractors end products are evaluated without applying the price differentials otherwise required by the Buy American Act. This article seeks to examine the specifics of the Buy American Act such as the meaning of “domestic end product” and explores the legal significance of RDP MOU related to the Buy American Act.