EXHIBIT A-2 FTA CERTIFICATIONS

BIDDER’S GOVERNMENT-WIDE DEBARMENT AND SUSPENSION CERTIFICATION

Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief, that the following are true, complete, correct, and made in good faith:

The bidder certifies it will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR Part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension Nonprocurement,” 2 CFR Part 180.

The bidder hereby certifies that:

1. Its principals, affiliates, and subcontractors are eligible to participate in this contract and are not presently declared by any Federal department or agency to be:

a) Debarred from participation in any federally assisted Award.

b) Suspended from participation in any federally assisted Award.

c) Proposed for debarment from participation in any federally assisted Award.

d) Declared ineligible to participate in any federally assisted Award.

e) Voluntarily excluded from participation in any federally assisted Award; or

f) Disqualified from participation in any federally assisted Award.

2. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within three years preceding this Certification,

3. It will treat each lower-tier contract or lower-tier subcontract under this contract as a covered lower-tier contract for purposes of 2 CFR Part 1200 and 2 CFR Part 180 if it equals or exceeds $25,000, is for audit services, or requires the consent of a federal official.

4. It will require that each covered lower-tier contractor and subcontractor:

a) Comply and facilitate compliance with the Federal requirements of 2 CFR Parts 180 and 1200, and

b) Assure that each lower-tier participant in its Project is not presently declared by any Federal department or agency to be:

i. Debarred from participation in its federally funded Project,

ii. Suspended from participation in its federally funded Project,

iii. Proposed for debarment from participation in its federally funded project,

iv. Declared ineligible to participate in its federally funded Project,

v. Voluntarily excluded from participation in its federally funded Project, or

vi. Disqualified from participation in its federally funded Project, and

5. It will provide a written explanation as indicated on a page attached to FTA’s TrAMS platform or the Signature Page if it or any of its principals, including any of its first-tier Subrecipients or its Third Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group.

6. If, at a later time, it receives any information that contradicts the statements of this certification, the bidder will promptly provide that information to FTA.

The certification in this clause is a material representation of fact relied upon by Enterprise Services. If it is later determined by Enterprise Services that the bidder knowingly rendered an erroneous certification, in addition to remedies available to Enterprise Services, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder agrees to comply with the requirements of 2 CFR Part 180, subpart C, as supplemented by 2 CFR Part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder further agrees to include a provision requiring such compliance in its lower-tier covered transactions.

If the bidder is unable to certify to the statement above, it shall attach an explanation and indicate that it has done so by placing an “X” in the following space: ☐ Bidder certifies or affirms the truthfulness and accuracy of each statement of its certification and explanation, if any. In addition, the bidder understands and agrees that the provisions of 31 U.S.C. § 38 et seq. apply to this certification and explanation, if any.

Print the Name of the person making certifications for Bidder Date: ________________________________

BUS TESTING CERTIFICATION

Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief, that the following are true, complete, correct, and made in good faith:

The bidder certifies that the bus model(s) offered in this procurement comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score.

1. ☐ The buses offered in this bid have been tested in accordance with 49 CFR Part 665 on _____________ (date). If multiple buses are being proposed, provide additional bus testing information below or on the attached sheet. The buses being sold must have the identical configuration and major components as the bus in the test report, which must be submitted with this bid. If the configuration or components are not identical, then the bidder shall provide with its bid a description of the change and the manufacturer’s basis for concluding that it is not a major change requiring additional testing. If multiple buses are being proposed, testing data on additional buses shall be listed at the bottom of this page.

2. ☐ The manufacturer represents that the bus is “grandfathered” (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), and submits with this Proposal the name and address of the recipient of such a bus and the details of that buses configuration and major components.

3. ☐ The bus is a new model and will be tested, and the results will be submitted to the Purchaser prior to acceptance of the first bus.

If applicable, a link to the test report (for each bid model) prepared by the Federal Transit Administration’s (FTA) Altoona, Pennsylvania, Bus Testing Center is attached to this certification, and the linked file is a true and correct copy of the test report as prepared by the facility.

The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the U.S. Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 2 CFR Part 180.

Date: ________________________________

BUY AMERICA ROLLING STOCK CERTIFICATION

Certificate of Compliance with Buy America Rolling Stock Requirements Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief, that the following are true, complete, correct, and made in good faith:

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323, and the applicable regulations of 49 CFR 661.11.

Date: ________________________________

Certificate of Non-Compliance with Buy America Rolling Stock Requirements Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief, that the following are true, complete, correct, and made in good faith:

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. § 5323(j) but may qualify for an exception to the requirement consistent with 49 U.S.C. § 5323(j)(2)(C), and the applicable regulations in 49 CFR Part 661.7.

Date: ________________________________

CERTIFICATION AND RESTRICTIONS ON LOBBYING

Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief, that the following are true, complete, correct, and made in good faith:

1. No appropriated funds will be expended by the Bidder (as the recipient the cooperative agreement) to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

1. If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, codified at 2 U.S.C. 1601, et seq.)]

1. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub- grants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of the fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. § 38, et seq., are applicable thereto.

Date: ________________________________

TRANSIT VEHICLE MANUFACTURER DBE CERTIFICATION

Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief, that the following are true, complete, correct, and made in good faith:

The bidder hereby certifies that it has complied with the requirements of 49 CFR Part 26.49, which requires the Transit Vehicle Manufacturer to submit a certification that it has complied with FTA’s Disadvantaged Business Enterprises (DBE) requirements in FTA-assisted procurements of transit vehicles.

BIDDER NAME: _____________________________________________________

Print Name of Bidder – Print the full legal entity name of the firm submitting the Bid

Date: ________________________________

FEDERAL MOTOR VEHICLE SAFETY STANDARDS (FMVSS) PRE-AWARD REVIEW

Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief, that the following are true, complete, correct, and made in good faith:

The bidder hereby certifies that it has complied with the requirements of 49 C.F.R. part 663 Subpart D, which requires the Transit Vehicle Manufacturer to submit a certification that it has complied with Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in 49 CFR part 571.

Print Name Date: __________________________________

04824 -02 Transit Buses – FTA Certifications 2