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"Federal agencies should use the following principles before issuing a waiver of any type:
- Time-limited: In certain limited circumstances, a Federal agency may determine that a waiver should be constrained principally by a length of time, rather than by the specific projects to which it applies. Waivers of this type may be appropriate, for example, when an item that is “nonavailable” is widely used in projects funded by a particular program’s awards. When issuing such a waiver, the agency should identify a short, definite time frame (e.g., no more than one to two years [underline added]) designed to ensure that, as domestic supply becomes available, domestic producers will have prompt access to the market created by the program.
- Targeted: Waivers that are not limited to particular projects should apply only to the item(s), product(s), or material(s) or category(ies) of item(s), product(s), or material(s) necessary. Waivers that are overly broad will tend to undermine domestic preference policies. Broader waivers will receive greater scrutiny from Made In America Office.
- Conditional: Federal agencies are encouraged to issue waivers with specific conditions that support the policies of the Act and the Executive Order."
These principles and criteria should be viewed as minimum requirements for the use of waivers by Federal agencies."
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