De Minimis, Small Grant, and Minor Components

Procurement Summary

The National Science Foundation (NSF) is proposing a general applicability public interest waiver of the requirements of section 70914 of the Build America, Buy America Act (Buy America preference) included in the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58). The proposed waiver for de minimis purchases and small grants applies to iron, steel, manufactured products, and construction materials, while the minor components waiver applies to iron and steel products. NSF establishes this waiver as an important tool to implement the Buy America provisions in the most efficient manner. This waiver is in the public interest because the waiver will assist NSF’s infrastructure grant programs in keeping projects moving forward and prevent immediate delays to critical projects. Additionally, the waiver will allow NSF and its recipients to focus on BABA implementation where will have the greatest impact. The waiver will remain in effect for all NSF Federal financial assistance funded infrastructure grant projects, for a period of five years from the date of final approval. The waiver will be reviewed as often as necessary.

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

De Minimis Purchases: The NSF is establishing a waiver for otherwise covered infrastructure project purchases, totaling up to 5 percent of the total applicable project costs , up to a maximum of $1,000,000. Once a Federal financial assistance recipient’s total purchases of materials otherwise covered by the Buy America preference (iron, steel, manufactured products, and construction materials) reach 5 percent of applicable project costs or $1,000,000, whichever is lower, all other applicable project purchases must comply with the Buy America preference. Small Grants: The NSF is establishing a waiver of the Buy America domestic content procurement preference for small grants . The small grants waiver will apply to Federal financial assistance awards at or below the Simplified Acquisition Threshold (SAT), which is currently $250,000, that meet the following criteria: (1) the total Federal award does not exceed the SAT, and (2) the Federal award amount, inclusive of other funding sources for the infrastructure project, is not anticipated to exceed the SAT for the life of the Federal award. Minor Components: The NSF is establishing a waiver of Buy America domestic content procurement preference to allow minor deviations for miscellaneous minor components within iron and steel products. The minor components waiver will allow non-domestically produced miscellaneous minor components comprising no more than five (5) percent of the total material cost of an otherwise domestically produced iron and steel product.

Public comment link

Final waiver link

Is this a general applicability waiver?