Legal Buy America Waiver Request

LEGAL BUY AMERICA WAIVER REQUEST

This Buy America Waiver Request (the Request) is submitted on by Applicant Name: whose principal place of business is to Agency Name: in connection with Contract Number: and Project: .

RECITALS

WHEREAS, the Contract requires compliance with Buy America domestic preference requirements applicable to the procurement of iron, steel, manufactured products, and other construction materials; and

WHEREAS, Applicant seeks a waiver of Buy America requirements for certain identified materials and components that are either not produced in the United States in sufficient and reasonably available quantities, are unduly costly compared to domestic alternatives, or for which application of Buy America would be inconsistent with the public interest; and

WHEREAS, Agency requires that waiver requests include a detailed description of the items for which waiver is sought, a factual statement of the grounds for the waiver, and supporting documentation sufficient to permit Agency to evaluate and determine whether a waiver is appropriate under applicable law and procurement rules.

NOW, THEREFORE

Applicant submits this Request and certifies the statements, facts and exhibits provided herein for the purpose of obtaining an official Buy America waiver for the materials and components described below.

1. APPLICANT AND CONTRACT INFORMATION

2. ITEMS SUBJECT TO WAIVER

Provide an itemized description of each material, component, or manufactured product for which a waiver is requested. Include manufacturer, part number, country of origin, unit cost, and whether a domestic equivalent was identified.

3. BASIS FOR WAIVER REQUEST (CHECK ALL THAT APPLY)

Nonavailability: Applicant attests that the specified item(s) are not produced in the United States in sufficient and reasonably available quantities or acceptable quality. Provide supporting procurement efforts below.

Unreasonable Cost: Applicant asserts that domestic alternatives are available but their cost is unreasonable or would cause substantial cost increases to the Project. Provide cost comparisons and analysis.

Public Interest: Applicant contends that application of Buy America would be inconsistent with public interest based on particular circumstances affecting public health, safety or function of the Project. Provide factual basis and supporting documentation.

4. SUPPORTING DOCUMENTATION ATTACHED

The following documents are included as exhibits in support of this Request (check boxes and identify file exhibits or attachment references).

Vendor quotes and price comparisons

Market availability search results / vendor outreach logs

Technical specifications, performance justifications, or engineering reports

Other documents (describe)

5. CERTIFICATIONS AND ACKNOWLEDGMENTS

Applicant certifies under penalty of perjury that the information provided in this Request and accompanying exhibits is true, correct and complete to the best of Applicant's knowledge. Applicant acknowledges that knowingly submitting false information may subject Applicant to penalties, contract remedies, or termination for cause pursuant to the Contract and applicable law.

Applicant further acknowledges that approval of a waiver is discretionary and may be conditioned upon specific limitations, substitution requirements, recordkeeping, or reporting obligations imposed by Agency.

6. NOTICES

All notices, communications and submissions regarding this Request shall be provided to the contacts listed below unless otherwise directed in writing by the parties.

7. REMEDIES, LIABILITY AND RECORDS

If a waiver is granted and later determined to have been procured by misrepresentation or omission, Agency may revoke the waiver, require replacement of nonconforming materials at Applicant's expense, pursue damages, or exercise any contract remedies available under the Contract or law. Applicant agrees to retain and provide copies of procurement records, quotes, certifications and correspondence relied upon for this Request for a period consistent with Contract record retention obligations.

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: This Request and any determination relating to it shall be governed by the substantive laws governing the underlying Contract, excluding conflict-of-law rules that would apply the law of another jurisdiction.

Entire Agreement: This Request together with its attachments and the Contract constitute the entire understanding with respect to the subject matter and supersede any prior oral or written communications regarding the waiver request.

Severability: If any provision of this Request is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law.

9. AMENDMENTS; WAIVER; COUNTERPARTS

Amendments: Any amendment to this Request must be in writing and signed by authorized representatives of Applicant and Agency.

Waiver: Failure or delay by Agency in enforcing any provision shall not constitute a waiver of future enforcement of that or any other provision.

Counterparts: This Request may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

10. DECLARATION OF AUTHORITY

The undersigned represent and warrant that they are duly authorized to submit this Request on behalf of the party identified and to bind that party with respect to the certifications and obligations contained herein.

Sign Now