3-Buy America Certification.pdf

BUY AMERICA CERTIFICATION

CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS

(please only check only one (1) of the following certifications)

This provision requires that federal tax dollars used to purchase steel, iron, and manufactured goods used in a transit project must be produced domestically in the United States, unless a waiver has been granted by FTA or a product is subject to a general waver. General waivers are listed in 49 C.F.R. 661.7. Manufactured goods must be 100-percent produced in the U.S. A manufactured good is considered produced in the United States if: (1) All of the manufacturing processes for the product take place in the United States; and (2) All of the components of the product are of U.S. origin. A component is considered of U.S.

origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). Contractors agree to insert the provisions of this clause in all subcontracts issued pursuant to subsequent contracts or agreements relative to this procurement Project. A waiver from the provision may be sought by the Contractor, through the Buyer, if grounds for a waiver exist. Waivers may require subsequent approval by other regulatory bodies.

Construction materials used in FTA-funded projects are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911-70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA.

When procuring rolling stock, which includes train control, communication, traction power equipment, and rolling stock prototypes, the cost of the components and subcomponents produced in the U.S. must be more than 70 percent. Final assembly for rolling stock also must occur in the U.S. Additionally, rolling stock procurements are subject to the pre-award and post-delivery Buy America audit provisions set forth in 49 U.S.C. § 5323(m) and 49 CFR part 663.For rolling stock purchases for which the average cost of the vehicle is more than $300,000, the FAST Act allows the cost of steel or iron produced in the U.S. and used in the rolling stock frames or car shells to be included in the domestic content calculation, regardless of whether the frame or car shell is produced in the U.S. Contractors agree to insert the provisions of this clause in all subcontracts issued pursuant to subsequent contracts or agreements relative to this procurement Project. A waiver from the provision may be sought by the Contractor, through the Buyer, if grounds for a waiver exist. Waivers may require subsequent approval by other regulatory bodies.

Certificate of Compliance ☐ THE UNDERSINGED SOLEMNLY DECARES AND AFFIRMS UNDER PENALTY OF PERJURY THAT IT WILL COMPLY WITH THE

REQUREMENTS OF THE REGULTIONS CONTAINED HEREIN.

Certifcation of Non-Compliance ☐ THE UNDERSINGED HEREBY CERTIFIES THAT IT CANNOT COMPLY WITH THE REQUIREMENTS CONTAINED HEREIN, BUT MAY QUALIFY FOR AN EXEMPTION CONSISTENT WITH 49 U.S.C. 5323(j)(2)(C). SHOULD THE FEDERAL TRANSIT ADMINISTRATION

(FTA) NOT GRANT A WAIVER, THE PROPOSAL WILL BE DEEMED NON-COMPLIANT.

AUTHORIZED OFFICIAL: _______________________________________________

TITLE: _______________________________________________

FIRM NAME: _______________________________________________

SIGNATURE: _______________________________________________

DATE: _______________________________________________