BUY_AMERICA_CERTIFICATION_OF_NON_COMPLIANCE.pdf

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Attached to
Electrician Services
Solicitation number
2023-03
Issued by
Mclean County, Kentucky

About this file

The document is a Buy America Certification form for non-compliance with rolling stock requirements, applicable to procurements involving buses, rolling stock, and associated equipment such as train control, communication, and traction power equipment. The form is designed for bidders or offerors who cannot fully comply with the Buy America requirements under 49 U.S.C. 5323(j) and 49 C.F.R. 661.11, but may potentially qualify for an exception under 49 U.S.C. 5323(j)(2). Proposers are explicitly instructed to complete either the compliance or non-compliance form, but not both, with proposals containing both forms being deemed non-responsive and ineligible for award.

The certification form provides a standard template for companies to declare their inability to meet Buy America requirements, requiring key information such as date, signature, company name, printed name, and title. The document emphasizes strict procedural requirements, stipulating that proposals must exclusively contain either the compliance or non-compliance form. While the form does not specify a specific procurement project, it serves as a standardized mechanism for vendors to transparently disclose their status regarding domestic manufacturing requirements for transportation-related equipment and rolling stock procurements.

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BUY AMERICA CERTIFICATION

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

If buses or other rolling stock (including train control, communication, and traction power equipment) are being procured, the appropriate certificate as set forth below shall be completed and submitted by each bidder in accordance with the requirement contained in §661.13(b) of this part.

Proposers shall fill out either the compliance form or the non-compliance form. Proposals that have both forms filled out shall be deemed to be non-responsive and shall not be considered for award.

BUY AMERICA: Certificate of Non-Compliance with Buy America Rolling Stock Requirements

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 C.F.R. 661.7.

Date _________________________________________________________________

Signature ____________________________________________________________

Company Name ______________________________________________________

Print Name ___________________________________________________________

Title __________________________________________________________________

Proposers shall fill out either the compliance form or the non-compliance form. Proposals that have both forms filled out shall be deemed to be non-responsive and shall not be considered for award.

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