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BIDS OR OFFERS THAT ARE SUBMITTED !WITHOUT THE COMPLETED BUY AMERICA <br />CERTIFICATION MUST BE REJECTED AS NONRESPONSIVE. BIDDERS ARE ADVISED THAT <br />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 not <br />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 vehicles <br />must meet the requirements of the Pre -Award and Post - Delivery Audits for Rolling Stock. 49 U.S.C. <br />Section 5323(m), as amended by MAP -21 and FTA's implementing regulation 49 CFR Part 663, dated <br />September 24, 1991, and, when promulgated, any amendments to those regulations, require all <br />recipients purchasing vehicles carrying passengers to conduct pre -award and post - delivery audits. if <br />the provisions of 49 U.S.C. Section 5323 (m), as amended by MAP -21 conflict with FTA's <br />implementing regulations as currently promulgated the provisions of 49 U.S.C. Section 5323(m), as <br />amended, prevail. <br />Pre -Award Audit <br />Pre -award information may also be submitted with the bid. <br />(1) Puy America Requirements: (for contracts of $100,000 and more <br />The Contractor shall complete and submit a declaration certifying either compliarce or noncompliance <br />with Puy America (see Section 14. Buy America). If the Contractor certifies compliance with <br />Buy America, it shall provide supporting documentation that indicates that 60% of the cost of all <br />components are manufactured in the United States and that final assembly takes place in the <br />United States. The documentation shall include: <br />a) the component and subcomponent parts of the rolling stock to be purchased identified <br />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 description of the <br />activities that will take place at the final assembly point and the cost of the final <br />assembly; and <br />C) a copy of the letter from FTA granting a waiver on the vehicle(s) for all or part of the Buy <br />America requirement under section 165(b)(1), (b)(2), or (b)(4) of the Surface Transportation <br />Assistance Act (STAA) of 1982, as amended; <br />(2) Federal Motor Vehicle Safety Standards (FMVSS) Certification: (must be completed for all <br />purchases) <br />The Contractor shall submit: <br />a) the manufacturer's FMVSS self- certification sticker information that the vehicle complies <br />with relevant FMVSS regulations; or <br />b) the manufacturer's certified statement that the contracted vehicles will not be subject to <br />the FMVSS regulations. <br />(3) Solicitation Specification Requirements <br />The Contractor shall submit evidence that it will be capable of meeting the bid specifications. <br />Post - Delivery Audit <br />Upon completion of the vehicle(s), and prior to filing of the title, the successful bidder shall provide the <br />information indicated in 1 -3 above. This past - delivery audit is required to ensure that the vehicle(s) <br />were manufactured as intended Failure to comply with this requirement or inability to certify Buy <br />America compliance shall be cause for rejection of the vehicle(s), <br />09 <br />Attachment number 1 <br />F -5 Page 189 <br />