7 CFR 1787.12
§ 1787.12 Non-availability or shortages.
United States · 7 CFR — Agriculture · Status: effective
Cite this
- Citation
- 7 CFR 1787.12, § 1787.12 Non-availability or shortages, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/28350
- Permanent ID
ys:prov:28350@1- SHA-256
a06346a1c2a32153a5792e246309d4c09fa4ca4111cc0e22909a918f79b76f6c
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
By application pursuant to § 1787.10, the Administrator may waive the Buy American requirement upon a showing that there is no domestic product available in the market in sufficient and reasonable quantities and of satisfactory quality, and that such shortage of suitable domestic alternatives jeopardizes the project being completed on budget and/or according to scheduled planning. A lack of responsive and responsible bids to a well-publicized request for bids will be presumed to meet the conditions of a non-availability waiver. With respect to contracts that are not required to be bid, sufficient evidence must be presented to the Administrator in order to make a determination.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.