---
kind: "section"
citation: "40 C.F.R. § 33.104"
title: "40"
number: "33.104"
heading: "May recipients apply for a waiver from the requirements of this part?"
url: "https://uscodex.org/cfr/40/33.104"
---

# §33.104. May recipients apply for a waiver from the requirements of this part?

- (a) A recipient may apply for a waiver from any of the requirements of this part that are not specifically based on a statute or Executive Order, by submitting a written request to the Director of the Office of Small and Disadvantaged Business Utilization.
- (b) The request must document special or exceptional circumstances that make compliance with the requirement impractical, including a specific proposal addressing how the recipient intends to achieve the objectives of this part as described in [§ 33.101](/cfr/40/33.101.md). The request must show that:
  - (1) There is a reasonable basis to conclude that the recipient could achieve a level of MBE and WBE participation consistent with the objectives of this part using different or innovative means other than those that are provided in subparts C or D of this part;
  - (2) Conditions in the recipient's jurisdiction are appropriate for implementing the request; and
  - (3) **The request is consistent with applicable law.**
- (c) **The OSDBU Director has the authority to approve a recipient's request.** If the OSDBU Director grants a recipient's request, the recipient may administer its program as provided in the request, subject to the following conditions:
  - (1) The recipient's level of MBE and WBE participation continues to be consistent with the objectives of this part;
  - (2) There is a reasonable limitation on the duration of the recipient's modified program; and
  - (3) **Any other conditions the OSDBU Director makes on the grant of the waiver.**
- (d) The OSDBU Director may end a program waiver at any time upon notice to the recipient and require a recipient to comply with the provisions of this part. The OSDBU Director may also extend the waiver if he or she determines that all requirements of paragraphs [(b)](#b) and [(c)](#c) of this section continue to be met. Any such extension shall be for no longer than the period originally set for the duration of the program waiver.

## Notes

### Amendments

[73 FR 15913, Mar. 26, 2008]

### Authority

Authority: 15 U.S.C. 637 note; 42 U.S.C. 4370d, 7601 note, 9605(f); E.O. 11625, 36 FR 19967, 3 CFR, 1971 Comp., p. 213; E.O. 12138, 49 FR 29637, 3 CFR, 1979 Comp., p. 393; E.O. 12432, 48 FR 32551, 3 CFR, 1983 Comp., p. 198, 2 CFR part 200.

### Source

Source: 73 FR 15913, Mar. 26, 2008, unless otherwise noted.

### Amendments

[73 FR 15913, Mar. 26, 2008]