The Federal agency providing funding for the project may apply for a waiver to the requirement. To approve a waiver, the head of the Federal agency must find that one of the following apply:
- Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest;
- Nonavailability Waiver: types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
- Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
Existing waivers are available on the madeinamerica.gov website. To the greatest extent practicable, waivers are targeted to specific products and projects.
Disclaimer: This resource was created by Municipal Operations Support (MOS) staff of non-legal professionals with expertise of the subject matter. It is only intended to provide information and does NOT constitute legal advice. Readers with legal questions are encouraged to contact an attorney. The use or downloading of this resource does NOT create an attorney-client relationship and will not be treated in a confidential manner. Non-legal questions about this resource can be directed to MOS staff at mos@vlct.org.