Action: Notice, request for comments.
Waiver: Type III - Equipment/Building
Web posting date: 10/15/19
Close of public comment period: 10 days after the web posting date.
Summary: The Federal Aviation Administration (FAA) is seeking comments on a waiver of the Buy America requirements of United States Code (U.S.C) Title 49 § 50101(b)(3) to Millerbernd Manufacturing Company for its L-868 Light Base, Load Bearing for use nationwide at any approved airport development project.
Under 49 USC § 50101(b) and 49 CFR § 1.83(a)(11), the FAA is given the authority to waive these Buy American Preferences if certain market or product conditions exist. These are:
- Applying the Buy American Preferences would be inconsistent with the public interest;
- The steel or goods produced in the U.S. are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
- When the cost of components and subcomponents produced in the U.S. is more than 60 percent of the cost of all components of the facility or equipment procured and final assembly occurs in the United States; or
- Including domestic material will increase the cost of the overall project by more than 25 percent.
In accordance with U.S.C. Title 49 § 50101(b)(3), after determining that the cost of components and subcomponents produced in the U.S. is, more than 60 percent of the cost of all components of the facility or equipment procured and final assembly occurs in the U.S., the FAA office of Airport Financial Planning and Programming issued a Type III waiver. This waiver is limited for use on this specific airport development project.
FAA will consider all comments received within 10 days of the web posting date. Comments received after this period will be considered to the extent practical. Comments received here do not constitute an official bid or procurement protest. For more information on how to submit a protest, see FAA Order 5100.38.D - Airport Improvement Program (AIP) Handbook.