Sec. 70937. WAIVER TRANSPARENCY AND STREAMLINING FOR CONTRACTS

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## SEC. 70937 WAIVER TRANSPARENCY AND STREAMLINING FOR CONTRACTS ###

(a)Collection of Information The Administrator of General Services, in consultation with the heads of relevant agencies, shall develop a mechanism to collect information on requests to invoke a Buy American waiver for a Federal contract, utilizing existing reporting requirements whenever possible, for purposes of providing early notice of possible waivers via the website established under section 70936. ###

(b)Waiver Transparency and Streamlining ####

(1)Requirement Prior to granting a request to waive a Buy American law, the head of an executive agency shall submit a request to invoke a Buy American waiver to the Administrator of General Services, and the Administrator of General Services shall make the request available on or through the public website established under section 70936 for public comment for not less than 15 days. ####

(2)Exception The requirement under paragraph

(1)does not apply to a request for a Buy American waiver to satisfy an urgent contracting need in an unforeseen and exigent circumstance. ###

(c)Information Available to the Executive Agency Concerning the Request ####

(1)Requirement No Buy American waiver for purposes of awarding a contract may be granted if, in contravention of subsection (b)— #####

(A)information about the waiver was not made available on the website under section 70936; or #####

(B)no opportunity for public comment concerning the request was granted. ####

(2)Scope Information made available to the public concerning the request included on the website described in section 70936 shall properly and adequately document and justify the statutory basis cited for the requested waiver. Such information shall include— #####

(A)a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States; #####

(B)for requests citing unreasonable cost as the statutory basis of the waiver, a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign-origin products or services, pursuant to the requirements of the applicable Buy American law, except that publicly available cost comparison data may be provided in lieu of proprietary pricing information; #####

(C)for requests citing the public interest as the statutory basis for the waiver, a detailed written statement, which shall include all appropriate factors, such as potential obligations under international agreements, justifying why the requested waiver is in the public interest; and #####

(D)a certification that the procurement official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. ###

(d)Nonavailability Waivers ####

(1)In general Except as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a Buy American waiver, an executive agency shall provide an explanation of the procurement official’s efforts to procure a product from a domestic source and the reasons why a domestic product was not available from a domestic source. Those explanations shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination. ####

(2)Exception An explanation under paragraph

(1)is not required for a product the nonavailability of which is established by law or regulation.