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Waivers

Current procurement and federal financial assistance waiver types are available by category for public review below.

Review waivers to the Buy American (Procurement) and Buy America (Federal Financial Assistance (FFA) statutes below.

Procurement Waivers:

The Procurement Non-Availability waivers are approved by the federal agencies and reviewed for consistency with policy by the Made in America Office (MIAO). The waivers are published below to make manufacturers and small business aware of purchases that require products and materials not currently available domestically, in sufficient quantity or quality. We publish these waivers to help American businesses identify and fill gaps in the domestic supply chains.

The Procurement Public Interest waivers are approved by the federal agencies and reviewed for consistency with policy by the Made in America Office (MIAO) when a determination is made that domestic preference would be inconsistent with the public interest.

The Procurement Urgent Requirement Waiver Reports are reported by each agency and are available below. An “Urgent Requirement Waiver,” as described in Section 70937(b)(2) of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), means a request for a Buy American waiver to satisfy an urgent contracting need in an unforeseen and exigent circumstance. This may include unforeseen and exigent circumstances in which a delay in award of a contract would result in serious injury, financial or other, to the Government. In such unforeseen and exigent circumstances, agencies complete an “Urgent Requirements Waiver Report” to inform the MIAO and the public that a Made in America Law has been waived by the agency within thirty days of contract award. An “Urgent Requirements Waiver Report” shall not be used for nonavailability waivers unless the nonavailability of the product is established by law or regulation.

Please send any comments on procurement waivers to MIAwaivers@omb.eop.gov.

Federal Financial Assistance (FFA) waivers are published here before and after the required comment period, which is managed by agencies. Find agency links on the Federal Financial Assistance Waiver Agency Links page.

NOTE: Entire waiver listings by waiver type are available as a CSV file for download or viewing using the search feature.

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Buy American Historical Waivers

Visit SAM.gov to learn more about Buy American Historical Waivers

View Historical Waivers

Jones Act Waivers

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The Jones Act requires that cargo and merchandise transported by water between U.S. points is shipped aboard vessels that are U.S.-built, U.S.-citizen owned, and registered in the U.S., which means crewed by Americans. More information about Jones Act nonavailability determinations is available on the U.S. Department of Transportation’s (DOT) Maritime Administration website.

If you have any questions about waivers from Made in America laws, please reach out to the Made in America Office at MadeInAmerica@omb.eop.gov.