How should I certify if I qualify for a permanent waiver found in the Appendix to 49 CFR 661.7, for example, if the solicitation is for microcomputer equipment?

NOTE: The General Waiver for 15 passenger Chrysler vans and wagons has been eliminated in SAFETEA-LU. If the product you plan to supply qualifies for a permanent waiver listed in the Appendix, you may certify compliance with Buy America. The references contained in the certificates of non-compliance found at 49 CFR 661.6 and 661.12 that say that the bidder or offeror may qualify for an exception to the requirements is for parties who have not yet qualified for an exception, in other words, for parties who have not yet received a waiver. The waivers published in the Appendix have already been issued, and thus, are in effect and serve to waive the requirements and allow a party to certify compliance for those products that, without a waiver, would not comply.

If a grantee knows, however, that all bids/offers will be for items waived by the requirements (bids are all going to come in well under $100,000, or the solicitation is for microcomputer equipment only), the grantee should not be ... more.

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