00 72 20.10 Buy America Requirements~5.pdf
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- Solicitation number
- BD-25-1069-MILDV-40000-110248
- Issued by
- Barnstable County, Massachusetts
About this file
This document is a Required Federal Clauses attachment detailing Buy America Requirements under 49 U.S.C. 5323(j) and 49 CFR Part 661 for FTA-funded contracts. The requirements apply to Construction Contracts and Acquisition of Goods or Rolling Stock valued at more than $150,000, with provisions flowing down from FTA recipients to first tier contractors and their subcontractors. The document outlines mandatory certification requirements for steel, iron, and manufactured products used in FTA-funded projects, specifying that these materials must be produced in the United States unless granted a waiver. For rolling stock specifically, the requirements mandate U.S. assembly and 60% domestic content.
The document includes certification forms for both compliance and non-compliance scenarios, covering procurement of steel, iron, manufactured products, buses, and other rolling stock. Bidders must submit appropriate Buy America certifications with all bids on FTA-funded contracts, except those subject to general waivers (which include 15-passenger vans and wagons produced by Chrysler Corporation, and microcomputer equipment and software). Bids without completed certifications must be rejected as nonresponsive, though this requirement does not apply to lower tier subcontractors.
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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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