Does the public interest waiver make a line compliant?

No. It has to be requested from the funding agency and granted before you can rely on it. Until then the line stays non-compliant. In a determination it is marked waiver-eligible, which is a prompt to file, not a pass.

Is there a numeric test for the public interest waiver?

No. This category turns on a qualitative finding by the head of the funding agency rather than a fixed number.

Waiver category

Public Interest Waiver

A waiver granted when applying the Buy America preference would be inconsistent with the public interest. It may be project-specific or issued as a general applicability waiver, and must be construed to maximize use of US-made goods.

Qualitative agency finding, no numeric test

What the applicant must show

The head of the Federal agency finds that applying the domestic content preference would be inconsistent with the public interest.

Source

Verified

OMB M-24-02, Section 70914(b) of BABA and 2 CFR 184.7

A waiver is not compliance

An item that fails its standard but matches this category is marked waiver-eligible in a determination. That is a prompt to assemble the evidence and file the request with the funding agency, not a green light to use the item. Treating waiver-eligible as a pass is exactly what shows up in an audit.

Run a determination

Other waiver categories

Nonavailability Waiver Unreasonable Cost Waiver De Minimis Waiver Small Grants Waiver