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Parts 1500 through 1508; and joint FHWA FTA regulations, "Environmental Impact and Related
<br />Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622; and other applicable Federal environmental
<br />protection regulations that may be promulgated at a later date. The Contractor agrees to comply with
<br />the applicable provisions of 23 U.S.C. § 139 pertaining to environmental procedures, and 23 U.S.C. §
<br />326, pertaining to Purchaser's responsibility for categorical exclusions, in accordance with the
<br />provisions of joint FHWA/FTA final guidance, "SAFETEA -LU Environmental Review Process (Public
<br />Law 109 -59)," 71 Fed. Reg. 66576 et seq. November 15, 2006 and any applicable Federal directives
<br />that may be issued at a later date, except to the extent that FTA determines otherwise in writing.
<br />11. Energy Conservation
<br />The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency
<br />that are contained in the state energy conservation plans issued in compliance with the Energy Policy
<br />and Conservation Act, 42 U.S.C. Sect. 6321 et §M.
<br />12. Buy America
<br />If the Contractor will be providing spare parts with the service agreement, the spare parts must meet
<br />Buy America. The Contractor agrees to comply with 49 U.S.C. 53230) and 49 CFR Part 661, to the
<br />extent those regulations are consistent with SAFETEA -LU provisions, and subsequent amendments to
<br />those regulations that may be promulgated. The Contractor also agrees to comply with FTA directives
<br />to the extent those directives are consistent with SAFETEA -LU provisions, except to the extent that
<br />FTA determines otherwise in writing. Separate requirements for rolling stock are set out at
<br />53230)(2)(C) and 49 CFR 661.11, which provide that Federal funds may not be obligated unless
<br />roiling stock is manufactured in the United States and have a sixty (60 %) percent domestic content.
<br />Rolling stock that is not subject to a general waiver must be manufactured in the United States and
<br />have a 60 percent domestic content. Rolling stock Includes: buses, other vehicles used in
<br />transportation, train control equipment, communication equipment, and traction power equipment. The
<br />domestic content requirement applies to the components that are used in rolling stock. A component is
<br />any article, material, or supply, whether manufactured or unmanufactured, that is directly incorporated
<br />into an end product at the final assembly location. For a component to be of domestic origin, more
<br />that 60 percent of that component, by cost, must be of domestic origin, and the manufacture of the
<br />component must take place in the United States.
<br />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 in
<br />compliance.
<br />Small purchases (currently less than $100,000) made with capital, operating, or planning funds are
<br />also exempt from the Buy America requirements.
<br />The following is a list of items that typically would be considered components (spare parts) of a
<br />bus /vehicle. This list is not all- inclusive.
<br />Car body shells, engines, transmissions, front axle assemblies, rear axle assemblies, drive shaft
<br />assemblies, front suspension assemblies, rear suspension assemblies, air compressor and pneumatic
<br />systems, generator /alternator and electrical systems, steering system assemblies, front and rear air
<br />brake assemblies, air conditioning compressor assemblies, air conditioning evaporator /condenser
<br />assemblies, heating systems, passenger seats, driver's seat assemblies, window assemblies,
<br />entrance and exit door assemblies, door control systems, destination sign assemblies, interior lighting
<br />assemblies, front and rear end cap assemblies, front and rear bumper assemblies, specialty steel
<br />(structural steel tubing, etc.) aluminum extrusions, aluminum, steel or fiberglass exterior panels, and
<br />interior trim, flooring, and floor coverings.
<br />35
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