De Minimis Waiver

Procurement Summary

FEMA is proposing a general applicability waiver to the Buy America Domestic Content Procurement Preference (“Buy America preference”) for otherwise covered infrastructure project purchases, totaling up to 5% of the total applicable project costs , up to a maximum of $1,000,000 (a de minimis threshold), to reduce the administrative burden for recipients and subrecipients. Once a Federal financial assistance recipient’s total purchases of materials otherwise covered by the Buy America preference reach 5% of applicable project costs or the de minimis threshold of $1,000,000, whichever is lower, all other applicable project purchases must comply with the Buy America preference. A de minimis waiver ensures that recipients and Federal agencies make efficient use of limited resources, especially if the cost of processing the individualized waiver(s) would risk exceeding the value of the items waived. If the waiver is approved, FEMA will issue guidance outlining the application of the de minimis waiver. FEMA will consider all comments received during the comment period. Anyone interested in providing comment on the general applicability public interest waiver may submit a comment before end of day on January 7, 2023.

Description of items, products and materials or categories of such anticipated to be covered by this waiver

This proposed general applicability waiver will waive the Buy America preference requirements for up to 5 % of the total project costs, up to a maximum of $1,000,000 (the de minimis threshold). FEMA will review this waiver within five years of the date on which the waiver was issued or more often as appropriate to determine its continued utility, applicability, and relevance with FEMA’s missions and goals.

Public comment link

Final waiver link

Is this a general applicability waiver?