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New Process for Domestic Nonavailability Under FAR Part 25

New Process for Domestic Nonavailability Under FAR Part 25

New Process for Domestic Nonavailability Under FAR Part 25
Ray Ward
The Office of Management and Budget implemented a new process that requires submission of proposed domestic nonavailability waivers under FAR 25.103(b). Since January 2022, all DoD and Federal agencies must submit proposed nonavailability waivers under the Buy American statute via SAM.gov. This initiative was formalized by President Biden’s Executive Order 14005, “Ensuring the Future Is Made in All of America by All of America’s Workers.” The E.O. increases oversight and transparency of domestic nonavailability waivers by ensuring they are properly justified, and sufficient market research supports a nonavailability waiver. A tiger team in OMB’s Made in America Office (MIAO) reviews the waivers to determine if agencies performed and documented the market research necessary for determining if items manufactured in the U.S. (rather than overseas) are available for meeting agency requirements. The proposed waiver is posted for transparency to the MadeinAmerica.gov website as soon as agencies submit them for review to the MIAO. Results of the waiver team’s recommendations and MIAO review are posted to the waiver. This process provides U.S. companies insight into opportunities to sell to the Government items that are (or could be) manufactured in the U.S. The Federal Acquisition Institute offers FAC 094, which introduces the nonavailability waiver process under the Buy American statute and discusses the role of the Made in America Office.