00 72 20.10 Buy America Requirements~4.pdf

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Attached to
ITB SPBN253103 Install Vehicle Barriers (Otis ANGB)
Solicitation number
BD-26-1069-MILDV-40000-119512
Issued by
Barnstable County, Massachusetts

About this file

This document is a set of Required Federal Clauses detailing Buy America Requirements for Federal Transit Administration (FTA) funded contracts. The requirements apply to construction contracts and acquisition of goods or rolling stock valued at more than $150,000, with specific provisions mandating that steel, iron, and manufactured products used in FTA-funded projects must be produced in the United States, unless a waiver has been granted. For rolling stock, additional requirements include assembly in the United States and a minimum of 60% domestic content.

The document outlines mandatory certification processes for bidders and offerors, providing two certification templates: a Certificate of Compliance and a Certificate of Non-Compliance. Contractors must submit the appropriate Buy America certification with all bids or offers on FTA-funded contracts, with bids lacking a completed certification being rejected as nonresponsive. The requirements flow down from FTA recipients and subrecipients to first-tier contractors, who are responsible for ensuring lower-tier contractors and subcontractors also comply with these regulations. General waivers exist for certain products, including final assembly of 15-passenger vans, microcomputer equipment, and software.

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Required Federal Clauses

Buy America Requirements 49 U.S.C. 5323(j) 49 CFR Part 661

Applicability to Contracts

The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $150,000).

Flow Down

The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $150,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America.

Mandatory Clause/Language

The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by

FTA.

Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

Certification requirement for procurement of steel, iron, or manufactured products.

Certificate of Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5.

Date ____________________________________________________________

Signature______________________________________________________

Company Name_______________________________________________________

Title _____________________________________________________________

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.

5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.

5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date _________________________________________________________________

Signature ___________________________________________________________

Company Name _________________________________________________________

Title _______________________________________________________________

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Certification requirement for procurement of buses, other rolling stock and associated equipment.

Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.

5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.

Date _________________________________________________________________

Signature ____________________________________________________________

Company Name ____________________________________________________________

Title _________________________________________________________________

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.

5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C.

5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date _______________________________________________________________

Signature ____________________________________________________________

Company Name ________________________________________________________

Title _______________________________________________________________

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