USDA Waiver Request Review Process
- Agencies and staff offices who receive waiver requests from recipients and subrecipients must review the waivers.
- The USDA agency or staff office must approve the waiver request internally and then submit it to OCFO via the Waiver Request Form that is found on the OCFO FFAC SharePoint site.
- The proposed waiver requests include a draft proposed waiver and documentation of market research.
- OCFO will submit the proposed waiver to the Made in America Office (MIAO), a unit within the White House Office of Management and Budget.
- MIAO will conduct a preliminary review of the proposed waiver and provide clearance to USDA to post for public notice.
- When waivers are posted for public comment, they will be available for public review on the BABA Waiver page for 15 days.
- Agencies and staff offices must ensure that their stakeholders are notified when the public comment period begins so that they may review the proposed waiver and provide comments.
- Comments must be sent by email to ffac@usda.gov. The email subject line must reference the title of the waiver.
- After the 15-day comment period, the requesting USDA agency will adjudicate any comments and make adjustments to the waiver.
- Agencies and staff offices will submit a redline version of the waiver, as well as an updated and clean version of the waiver, along with a summary of all comments received.
- OCFO will submit the redline and clean versions of the waiver along with the summary of comments to MIAO for final determination.
- After MIAO completes their review and provides a final determination, the waiver becomes finalized.
- OCFO will email the agency or staff office indicating MIAO’s review the waiver is consistent with the policy in Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers, and OMB Memorandum M-24-02, Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.
- The final approved waiver is posted on the USDA OCFO BABA Website. See the BABA Waivers page.
