Once a supplier or mill extend credit limits, buyers do have the convenience to place orders in advance but pay when material is received. In these situations, mills adhere to a strict 30-day payment window.

(ii) The heads of agencies identified in section 3(a) of this order should expect waiver applicants to deliver alternative benefits to the United States as part of an agreement to grant the waiver. Consideration of alternative benefits may include direct or indirect investment in domestic plants and equipment, the creation of high-quality domestic jobs, or further domestic development of the subject invention.

(i) The Secretary of Commerce, through the Interagency Working Group for Bayh-Dole, shall publish a periodic summary of the waiver applications in aggregate that describes common reasons for waiver requests, processing times by agency, and recommended policy responses to common challenges.

(F) the conditions under which the subject invention would be manufactured abroad, including unionization of workplaces, health and safety standards, labor and wage laws, and environmental impacts.

Mills offer the lowest level of convenience, as they fill their production “books” (AKA: schedules) months in advance. Suppliers and retailers can handle these longer lead times due to large on-hand inventories, but buyers typically cannot. This is why only large buyers with specific, known material needs tend to purchase steel plate directly from mills.

Retailers are highly convenient. They carry very few steel plate products, but have these products readily available at all times. Retailers typically allow buyers to place a steel plate order via their website, which gives buyers the option to buy plate in just a few clicks.

When sourcing raw steel plate, purchasing managers have three primary steel plate sources: retailers, suppliers (also known as distributors) or mills.

(i) consider measures for technologies important to the United States economy and national security, including critical and emerging technologies such as energy storage, quantum information science, artificial intelligence and machine learning, semiconductors and microelectronics, and advanced manufacturing; and

This investment is designed to produce cutting-edge technologies that support the competitiveness, domestic manufacturing capacity, and well-being of the United States economy; United States workers; our communities; and our national security. Ensuring the commercialization of federally funded inventions by United States manufacturers—while maintaining intellectual property rights—will build on the successful legacy of the United States in spurring economic growth and enhancing United States competitiveness through R&D. It will also further our joint R&D work with partners and allies to strengthen the resilience of global critical supply chains and secure America's leadership in delivering a net-zero emissions economy by no later than 2050.

Sec. 8 . General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) The utilization questions should be used by all agencies by May 1, 2024, for subject inventions that a Federal R&D funding agreement recipient has elected to retain title on or after the date of this order.

Suppliers have dedicated credit evaluation teams to assess credit risk and can therefore offer more flexible payment windows (i.e. 45-60 days), making them more convenient for medium-to-large buyers.

(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.

Section 1 . Policy. The United States maintains an unparalleled innovation ecosystem with world-class universities, Federal laboratories, research centers, and technology incubators, supported in part by Federal investment. Our world is healthier, smarter, more connected, and more sustainable because of Federal taxpayers' investment in discovery and innovation that has supported the commercialization of new products and services.

Suppliers traditionally take steel plate orders through direct communication with a sales representative. But some – like Leeco – also offer the option to buy through an ecommerce website. Flexibility in how orders are placed allows buyers to customize the purchasing process based on their requirements. Buyers with simpler needs who are looking to quickly order a popular plate grade can opt to buy online, while buyers with more complex, specific needs can work directly with an experienced sales representative.

(f) The heads of agencies identified in section 3(a) of this order shall adopt the common waiver application questions, to the extent consistent with applicable law.

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(c) The heads of agencies identified in section 3(a) of this order should require recipients of Federal R&D funding agreements to report annually to the awarding agency the names of licensees and manufacturing locations of the applicable subject inventions.

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Suppliers are significantly more convenient than mills, because they often have deep inventories and multiple inventory locations. They can respond to steel plate needs quickly (sometimes even within the same day), whereas mills usually require more than a month lead time on an order. Some suppliers, like Leeco Steel, are beginning to offer customers the option of ordering steel plate online via an ecommerce website to add convenience to the buying process.

Retailers, suppliers and mills each offer different methods for buying steel plate, and it is important to consider which method best suits your order needs and which source is able to accommodate those needs.

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(e) The Secretary of Commerce, through the Director of NIST and in consultation with the Interagency Working Group for Bayh-Dole, shall consider developing an action plan, including resource requirements, to transition all agencies identified in section 3(a) of this order to the iEdison reporting system to track unclassified subject inventions, patents, and related utilization reports by calendar year 2025. The Secretary of Commerce shall submit the action plan to the Director of OMB within 1 year of the date of this order.

Sec. 5 . Securing Critical and Emerging Technologies Through Domestic Manufacturing. (a) Within 90 days of the date of this order, the heads of agencies identified in section 3(a) of this order shall consider whether “exceptional circumstances” exist warranting a determination that a restriction of the right to retain title to any subject invention funded by their respective agencies' R&D funding agreements will better promote the policy and objectives of the Bayh-Dole Act, as appropriate and consistent with applicable law, including 35 U.S.C. 202(a). Such consideration shall include evaluation of whether “exceptional circumstances” exist to warrant the extension of the requirement to manufacture “substantially in the United States” to recipients of Federal R&D funding agreements, to non-exclusive licensees of subject inventions, and for use or sale of subject inventions outside the United States, as appropriate and consistent with applicable law, including 35 U.S.C. 202(a). In considering the issuance of such determinations for these purposes, the heads of agencies identified in section 3(a) of this order shall: ( print page 51206)

(f) Not later than 120 days after issuance of any final regulations implementing the action plan described in subsection (e) of this section, the heads of agencies identified in section 3(a) of this order shall report to the Director of OMB and the Director of OSTP on steps their respective agencies have taken to transition all unclassified reporting to iEdison by the end of calendar year 2025. These reports may include resource needs and timelines for implementation.

Additionally, suppliers usually have experienced in-house teams that understand how to deliver large steel plate orders, which is an important convenience for many medium-to-large volume buyers.

(i) The common waiver application questions should include as relevant criteria, as appropriate and consistent with applicable law:

Mills, of course, offer the highest degree of product variety, as they can produce-to-order hundreds of grades across a wide range of thicknesses, lengths and widths.

Retailers usually accept cash, check or credit card payments at the time the order is placed, making them highly convenient for smaller buyers.

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(ii) The utilization questions should require information on the locations where subject inventions are produced or are used to produce a product.

(D) the benefits that will accrue to domestic manufacturing and United States jobs as a result of the subject invention being brought to market;

(c) In collaboration with the Administrator of the Small Business Administration (SBA), the heads of agencies participating in the Small Business Innovation Research and Small Business Technology Transfer programs are encouraged to advance a coordinated interagency approach to innovation and research solicitations with the goals of reducing barriers to program participation, streamlining access to funding opportunities, and encouraging production of new technologies in the United States. The heads of these agencies are further encouraged to collaborate with the SBA to support small businesses transitioning technologies from intramural and extramural labs to commercial markets.

Suppliers have stronger buying relationships with mills that allow them to buy steel plate at more competitive rates than retailers and most large buyers. Additionally, suppliers usually have lower operational overhead, as they have fewer facilities and greater fulfillment efficiencies, since their orders are larger in volume.

(h) Within 2 years after the date of this order and annually thereafter, the heads of agencies identified in section 3(a) of this order shall submit reports to the Made in America Director on the utilization of inventions that were developed through their previous R&D funding agreements and reported after the date of this order, including where products embodying a subject invention or produced through the use of a subject invention were manufactured.

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Therefore, it is the policy of my Administration that when new technologies and products are developed with support from the United States Government, they will be manufactured in the United States whenever feasible and consistent with applicable law.

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(b) The heads of agencies identified in section 3(a) of this order shall consider whether other measures are needed to promote domestic manufacturing of subject inventions funded by their respective agencies.

(c) Each report shall include, to the extent possible, identification of any challenges to implementation of this order or to the effectiveness of this order in accomplishing the policy goals described in section 1 of this order, as well as recommendations to address such challenges.

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(i) The heads of agencies identified in section 3(a) of this order should consider limiting waivers to applicants that commit to manufacture in locations that maintain a market economy and for specific agreed-upon purposes.

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Suppliers and mills almost never accept credit card payments due the large value of the average order. In fact, most suppliers and mills require buyers to undergo a business credit evaluation before the buyer can even buy.

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Additionally, mills are more at risk of running behind in production. These delays in inventory could leave a buyer scrambling to find material to bridge the gap between depletion and the next mill delivery.

(b) To incentivize domestic manufacturing through the reporting of invention disclosures and the utilization of those inventions, the heads of agencies identified in section 3(a) of this order shall require recipients of Federal R&D funding agreements to track and update the awarding agency on the location in which subject inventions are manufactured.

(d) The heads of agencies that have statutory Other Transaction Authority, or that can use other business arrangements authorized by the Congress, are encouraged, when appropriate, to consider using these authorities to purchase or invest in leading-edge technologies to support their production in the United States. If these agencies use these authorities to purchase or invest in the development of new technologies, the terms of these purchases and investments should ensure that the product is substantially manufactured in the United States, as appropriate and consistent with applicable law.

Retailers offer the most buying methods, with the option to purchase steel plate in-person, on a website or over the phone. This gives buyers great flexibility in how they can purchase plate materials. However, buying from a retailer tends to be more impersonal, so they may not be able to accommodate special requests for less common grades or extensive processing.

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Retailers also offer low inventory risk, but have less demand visibility than suppliers (who often sell a bulk of their orders via contract, and can predict demand). For this reason, retailers have higher inventory depletion risk than suppliers.

The most distinct difference between buying from retailers, suppliers and mills is the degree of convenience offered by each source.

Suppliers offer the lowest amount of risk related to inventory levels, since they themselves have healthy levels of material on-hand and have a network of mills from which they purchase. If one mill delays an order, suppliers can turn to other mills for the material.

With each steel plate supply source, there are strengths and trade-offs. Determining how important each factor is for you – as well as any other factors important to your business – will help guide you towards the right steel plate supply source.

The volume of a buyer’s need often helps narrow the choice of supplier. Retailers specialize in handling low-volume needs, especially orders less than 200lbs. Orders under 200lbs. can be shipped via standard ship methods, unlike heavier orders that require freight transit.

Suppliers are “material middlemen.” They buy steel plate in bulk from a mill at discounted rates, store it in high quantities in warehouses and then sell the material to buyers with medium or high quantity needs.

(e) To further support the commercialization and production in the United States of technologies developed, in part, through federally funded R&D, the heads of agencies identified in subsection (a) of this section are encouraged to establish or enhance the technology transfer and commercialization capabilities of their agencies.

(ii) Agencies shall ensure that the information submitted for publication to the Secretary of Commerce, through the Interagency Working Group for Bayh-Dole, appropriately protects business confidential and sensitive information provided by waiver applicants as part of their justification for the waiver, consistent with 35 U.S.C. 202(c)(5). However, the names of applicants seeking a waiver and a summary of the benefits the waiver recipients will provide to the United States should be made available to the public, to the extent permitted by law.

(ii) consider narrowly tailoring terms related to enhanced United States manufacturing while encouraging technology transfer and commercialization, and allowing small businesses and nonprofit organizations to retain ownership of and commercialize their federally funded subject inventions.

(b) Each report shall include, to the extent possible, a review of this order's effectiveness in using the R&D funding agreements of the agencies identified in section 3(a) of this order to support domestic manufacturing, United States industrial competitiveness, and job creation.

My Administration has prioritized support for our unique innovation ecosystem by reinvesting across sectors in research and development (R&D), demonstrations, education, and the necessary infrastructure to accelerate the transition of discoveries quickly from the lab to the marketplace.

Mills can sometimes offer a lower cwt price than suppliers (depends on the grade), but they only sell to very high-volume buyers, and orders can take months to fulfill. What buyers might get with cost savings, they lose with convenience and speed.

Sec. 6 . Implementation of this Order. (a) Within 2 years of the date of this order and annually thereafter for 5 years, the heads of agencies identified in section 3(a) of this order shall submit a report on their respective agencies' implementation of this order to the Director of OMB and the Director of OSTP.

Retailers include everything from big-box chains – such as Home Depot – to independent metal specialists, in-stores and online. With retailers, customers can simply walk into a store or browse a website, select an item and purchase the item at will.

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(g) Within 180 days of the date of this order, the Secretary of Commerce, through the Director of NIST and in consultation with the Interagency Working Group for Bayh-Dole, should develop common invention utilization questions (utilization questions), allowing agencies to add agency-specific questions.

Sec. 7 . Improving the Waiver Process. (a) Under the Bayh-Dole Act, agencies may waive the requirement that certain products embodying the subject invention or produced through the use of the subject invention be “manufactured substantially in the United States” if, as specified in 35 U.S.C. 204, “reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States” or “under the circumstances domestic manufacture is not commercially feasible.”

One huge advantage of buying steel plate from suppliers or retailers is reduced inventory risk. Buyers can receive the exact inventory they need, when they need it, and not have to worry about running short or not having space to store excess material.

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Mills, on the other hand, thrive on high-volume orders. Mills produce heats – or batches – of steel plate products, usually in quantities of 120-150 tons per heat. When mills supply to direct buyers, they are usually supplying one or more heats multiple times per year.

(ii) Given the need to maintain agency flexibility, the heads of agencies identified in section 3(a) of this order may add questions to the common waiver application questions, but they should do so sparingly and only as needed to accomplish the policy set forth in this order within their respective agencies' existing authorities.

Purchasing through mills comes with a lot of inventory risk. Buyers typically must buy larger loads of material and store the material until depleted. This requires ample storage facilities and the ability to move and manage steel plate (i.e. overhead magnetic cranes).

(d) The Secretary of Commerce, through the Director of NIST and in consultation with the Interagency Working Group for Bayh-Dole, the NSTC Lab-to-Market Subcommittee, and the Made in America Director, shall provide guidance to agencies on the factors and considerations that should be weighed in determining whether domestic manufacturing is not commercially feasible. Guidance shall be designed to help applicants understand the factors an agency will consider when evaluating a waiver application, and should ensure that a determination of the commercial feasibility of manufacturing abroad is not based on substandard or unacceptable working ( print page 51207) conditions. Within 90 days of the date of this order, the Secretary of Commerce, through the Director of NIST, shall make the guidance available for public comment.

(d) Within 60 days of the date of this order, the Secretary of Commerce, through the Director of the National Institute of Standards and Technology (NIST) and in consultation with the Office of Management and Budget (OMB), should develop award terms and conditions regarding the reporting ( print page 51205) requirements in subsections (a) through (c) of this section to be implemented by each awarding agency identified in section 3(a) of this order. Award terms and conditions shall ensure that the reporting of the information specified in subsections (b) and (c) of this section protects business confidential information, consistent with 35 U.S.C. 202(c)(5), while providing increased visibility to taxpayers on the use of Federal R&D funding in support of domestic manufacturing and job creation.

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(e) Within 90 days of the date of this order, the Secretary of Commerce, through the Director of NIST and in consultation with the Interagency Working Group for Bayh-Dole, shall develop common waiver application questions for use by all agencies.

Suppliers often sell by the “truckload,” or between 20,000 lbs. and 40,000 lbs. Suppliers offer a greater selection of steel plate product at lower per-hundredweight cost than retailers, since they deal primarily in bulk.

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(iii) The Secretary of Commerce, through the Director of NIST, and the heads of other agencies should aim to minimize the reporting burden on recipients of Federal R&D funding agreements associated with the utilization questions, in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and applicable OMB guidance.

(b) Every agency should consider developing a process by which the agency may waive the domestic manufacturing requirements for agency-funded technology or technology developed under an agency funding opportunity without a request from a recipient of a Federal R&D funding agreement. As part of its process, an agency should seek concurrence from the Made in America Director to waive the domestic manufacturing requirements, and should set forth specific factors that may support a waiver, including whether the manufacture of the technology outside the United States is in the economic or national security interest of the United States.

(h) Within 270 days of the date of this order, the heads of agencies identified in section 3(a) of this order shall establish agency guidelines for negotiating with waiver applicants to retain as much value or benefit to the United States as possible, as appropriate and consistent with applicable law, while considering technical, business, social, environmental, and economic realities. In assessing a waiver's value to the United States economy, the heads of agencies identified in section 3(a) of this order should consider, as appropriate and in addition to any other relevant factors, potential benefits to domestic manufacturing competitiveness, to United States job creation, and to United States economic and national security.

Service centers are another common source for processed steel plate (such as plate cut to specific sizes or shapes), but we will not focus on service centers in this article due to the variety of metal processing service options.

Steel plate is priced per hundredweight – or cwt. Retailers offer significantly higher cwt than suppliers and mills as a tradeoff for the convenience of immediate product access and easy cash or credit payment.

Suppliers may not carry as wide of a variety of grades as mills, but they can often quickly procure whatever grades and sizes are needed because they buy from a network of mills. In these situations, suppliers offer a service to customers by doing the sourcing leg-work for them.

Mills offer the least flexibility in buying options, as they typically take orders via phone or email with a sales representative. Most mills due not offer the option to buy steel plate online.

Leeco® Steel is the largest supplier of steel plate in North America and services clients big and small with a wide range of volume and delivery needs. We would be happy to quote your next project and would be honored to be your steel plate supplier of choice. Submit an inquiry here.

Sec. 4 . Modernizing Reporting of Invention Utilization. (a) In an effort to streamline reporting requirements for recipients of Federal R&D funding agreements, the heads of agencies identified in section 3(a) of this order should seek to make reporting on the utilization of “subject inventions” (as defined in 35 U.S.C. 201(e)) easier and consistent across the United States Government.

(b) The Director of OSTP, working through the National Science and Technology Council (NSTC) and in coordination with the Director of the Office of Management and Budget's Made in America Office (Made in America Director) and the heads of agencies identified in subsection (a) of this section, shall seek to add “domestic manufacturing” to future interagency technology R&D roadmaps, as appropriate. The Director of OSTP shall endeavor to standardize the format of domestic manufacturing considerations in technology R&D roadmaps to ensure that industry, the research community, and agencies create the conditions for new technologies to be produced in the United States once they are commercialized.

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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:

Retailers offer a limited variety of steel plate products. They typically only carry common grades, such as ASTM A36 and AR400, and usually only in smaller sizes.

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(i) Beginning in fiscal year 2024 and on an annual basis thereafter, the heads of agencies identified in section 3(a) of this order shall provide to the Secretary of Commerce, through the Interagency Working Group for Bayh-Dole, a summary of each waiver application received, approved, and ( print page 51208) rejected. The summary shall include the terms of any approved waiver and the processing time needed to reach a decision.

Suppliers’ sweet spot is any order greater than 20,000 lbs./10 tons (about half a truckload) up to whatever inventory limitations the supplier has for the requested grade and size.

Sec. 3 . Strengthening Domestic Manufacturing. (a) The Secretary of Defense, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Health and Human Services, the Secretary of Transportation, the Secretary of Energy, the Secretary of Homeland Security, the Director of the National Science Foundation, and the Administrator of the National Aeronautics and ( print page 51204) Space Administration should consider domestic manufacturing in Federal R&D funding agreement solicitations, as appropriate and consistent with applicable law. These agency heads shall also consider how their respective agencies' R&D funding agreements support broader domestic manufacturing objectives, including the development of production facilities and capabilities broadly supportive of United States manufacturing, as appropriate and consistent with applicable law.

It’s not that suppliers would never fulfill a low-volume need, it’s often that they simply do not have small-sized material. Most steel plate stocked by suppliers is 8-10ft wide by 20-40ft long. This would be well beyond the volume need of many retail customers, who typically request plate under 2ft wide by 2ft long.

(g) The heads of agencies identified in section 3(a) of this order should acknowledge receipt of waiver applications within 10 business days, to the extent practicable. Once an applicant submits a waiver request application, the reviewing agency should seek to finalize its decision, including negotiations with the applicant as needed, as soon as possible.

(c) The heads of agencies identified in section 3(a) of this order shall ensure that the waiver process for their agency is rigorous, timely, transparent, and consistent, with due regard for all applicable authorities, including Executive Order 14005 of January 25, 2021 (Ensuring the Future Is Made in All of America by All of America's Workers), and the Bayh-Dole Act's requirement that a waiver be available when reasonable but unsuccessful efforts have been made to license to a company that could substantially manufacture in the United States, or when domestic manufacture is not commercially feasible.

Mills are the producers of steel plate materials and offer a varied selection of steel plate product. In most cases, mills only sell direct to buyers in need of very large volumes of steel plate.

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Sec. 2 . Coordination and Consultation. (a) The Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and the Director of the Office of Science and Technology Policy (OSTP) shall coordinate the executive branch actions necessary to implement this order through the interagency process identified in National Security Memorandum 2 of February 4, 2021 (Renewing the National Security Council System).

(b) In implementing this order, the heads of executive departments and agencies (agencies) shall, as appropriate and consistent with applicable law, consult outside stakeholders—such as those in industry; academia, including Historically Black Colleges and Universities, Tribal Colleges and Universities, and other Minority Serving Institutions; non-governmental organizations; communities; labor unions; and State, local, Tribal, and territorial governments—in order to implement the policy identified in section 1 of this order.