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AG 2014 06 16
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AG 2014 06 16
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Last modified
6/18/2014 9:32:09 AM
Creation date
11/27/2017 10:47:36 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/16/2014
Board
Board of Commissioners
Meeting Type
Regular
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The Buy America requirements flow down from FTA recipients and subrecipients to first tier <br />contractors, who are responsible for ensuring that lower tier contractors and subcontractors are <br />in compliance. <br />Separate requirements for roiling stock are set out at 53230)(2)(C) and 49 CFR 661.11, which <br />provide that Federal funds may not be obligated unless rolling stock is manufactured in the <br />United States and have a sixty (60 %) percent domestic content. Rolling stock that is not subject <br />to a general waiver must be manufactured in the United States and have a 60 percent domestic <br />content. Rolling stock includes: buses, other vehicles used in transportation, train control <br />equipment, communication equipment, and traction power equipment. <br />Effective July 24, 1995 small purchases (under the $100,000 threshold) made with FTA <br />funds, will not be subject to the Buy America requirement. The value of small purchases <br />should be determined by using "contract price" and not "unit price ". <br />These regulations require, as a matter of responsiveness, that the Bidder or Contractor <br />submit to the purchaser the appropriate Buy America certification (Attachment C or D) <br />with all bids where FTA funds are provided, except these subject to a general waiver or <br />less than $ 100,000. <br />BIDS OR OFFERS THAT ARE SUBMITTED WITHOUT THE COMPLETED BUY AMERICA <br />CERTIFICATION MUST BE REJECTED AS NONRESPONSIVE. BIDDERS ARE ADVISED <br />THAT SUBMISSION OF BOTH CERTIFICATIONS WITH THE BID IS ALSO CONSIDERED <br />NONRESPONSIVE AND WILL RESULT IN REJECTION OF THE BID; ONLY ONE <br />CERTIFICATION (either C or D) SHALL BE SUBMITTED. The certification requirement does <br />not apply to lower tier subcontractors. <br />14. Pre -Award and Post - Delivery Audits of Rolling Stock Purchases <br />If the Contractor is providing vehicles as part of the operations or service agreement, the <br />vehicles must meet the requirements of the Pre -Award and Post - delivery Audits for Rolling <br />Stock. 49 U.S.C. Section 5323(m), as amended by MAP -21 and FTA's implementing regulation <br />49 CFR Part 663, dated September 24, 1991, and, when promulgated, any amendments to <br />those regulations, require all recipients purchasing vehicles carrying passengers to conduct pre- <br />award and post - delivery audits. If the provisions of 49 U.S.C. Section 5323(m), as amended by <br />MAP -21 conflict with FTA's implementing regulations as currently promulgated the provisions of <br />49 U.S.C. Section 5323(m), as amended, prevail. <br />Pre -Award Audit <br />Pre -award information may also be submitted with the bid. <br />(1) Buy America Re uirements: for contracts of $100,000 and more <br />The Contractor shall complete and submit a declaration certifying either compliance or <br />noncompliance with Buy America (see Section 14, Buy America). If the Contractor <br />certifies compliance with Buy America, it shall provide supporting documentation that <br />indicates that 60% of the cost of all components are manufactured in the United States <br />and that final assembly takes place in the United States. The documentation shall <br />include: <br />a) the component and subcomponent parts of the rolling stock to be purchased <br />identified by manufacturer of the parts, their country of origin and costs; <br />b) the location of the final assembly point for the rolling stock, including a <br />description of the activities that will take place at the final assembly point and the <br />cost of the final assembly; and <br />30 <br />Attachment number 2 <br />F -4 Page 136 <br />
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