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Revised Policy for the Approval of Buy America Waivers [Memorandum]

File Language:
English


Details

  • Creators:
    Horne, Dwight
  • Corporate Creators:
    United States. Department of Transportation. Federal Highway Administration
  • Corporate Contributors:
    United States. Department of Transportation. Federal Highway Policy & Guidance Center
  • Subject/TRT Terms:
  • Series:
    Memoranda & Guidance: Guidance
  • Resource Type:
    Memorandum
  • Right Statement:
    Public Domain
  • Geographical Coverage:
    United States
  • Corporate Publisher:
    United States. Department of Transportation. Federal Highway Administration
  • Abstract:
    This memorandum rescinds my July 3, 2003 memorandum titled "Re-Delegation of Buy America Waiver Approval Guidance." Effectively immediately, all Buy America waiver requests must be submitted for review and consideration by this office. This change is necessitated by a provision in Public Law 110-161, the "Consolidated Appropriations Act, 2008." Division K, Section 130 of this law states: "Not less than 15 days prior to waiving, under her statutory authority, any Buy America requirement for Federal-aid highway projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefore: Provided, That the Secretary shall provide an annual report to the appropriations Committees of the Congress on any waivers granted under the Buy America requirements. "Due to the statutory requirement for the Secretary of Transportation to implement an informal public notice and comment opportunity for each waiver, it is necessary for all waiver requests to be submitted to this office for review. We have established an internet Web page titled: "Notice of Buy America Waiver Request" (https://www.fhwa.dot.gov/construction/contracts/waivers.cfm) to provide notification and the opportunity for public comment for every Buy America waiver. We encourage interested parties to subscribe to this notification system to receive a notice regarding current waiver requests. While the statute provides for a minimum 15-day comment period, contracting agencies should recognize that coordination activities following the comment period may result in a waiver decision more than 15 days after the initial posting.
  • Format:
    PDF
  • Collection(s):
  • Main Document Checksum:
    urn:sha-512:915ee75b3570eeee3d8ef4269a0e4b6e245a0f59c1b4a117d7fdebc2e357cd18aea37a04a02763d158f302627e0d457d72ff3a88b3280fdf23391257df6245f5
  • Download URL:
  • File Type:
    Filetype[PDF - 32.38 KB ]
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