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BIDS OR OFFERS THAT ARE SUBMITTED WITHOUT THE COMPLETED BUY AMERICA CERTIFICATION MUST BE REJECTED AS NONRESPONSIVE. BIDDERS ARE ADVISED THAT SUBMISSION OF BOTH CERTIFICATIONS WITH THE BID IS ALSO CONSIDERED NONRESPONSIVE AND WILL RESULT IN REJECTION OF THE BID; ONLY ONE CERTIFICATION (either C or D) SHALL BE SUBMITTED. The certification requirement does not apply to lower tier subcontractors. 14. Pre -Award and Post -Delivery Audits of Rolling Stock Purchases If the Contractor is providing vehicles as part of the operations or service agreement, the vehicles must meet the requirements of the Pre -Award and Post -Delivery Audits for Rolling Stock. 49 U.S.C. Section 5323(m), as amended by MAP -21 and FTA's implementing regulation 49 CFR Part 663, dated September 24, 1991, and, when promulgated, any amendments to those regulations, require all recipients purchasing vehicles carrying passengers to conduct pre -award and post -delivery audits. If the provisions of 49 U.S.C. Section 5323(m), as amended by MAP -21 conflict with FTA's implementing regulations as currently promulgated the provisions of 49 U.S.C. Section 5323(m), as amended, prevail. Pre -Award Audit: Pre -award information may also be submitted with the bid. (1) Buy America Requirements: (for contracts of $100.000 and morel The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America (see Section 14. Buy America). If the Contractor certifies compliance with Buy America, it shall provide supporting documentation that indicates that 60% of the cost of all components are manufactured in the United States and that final assembly takes place in the United States. The documentation shall include: a) the component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; b) the location of the final assembly point for the rolling stock, Including a description of the activities that will take place at the final assembly point and the cost of the final assembly; and C) a copy of the letter from FTA granting a waiver on the vehicle(s) for all or part of the Buy America requirement under section 165(b)(1), (b)(2), or (b)(4) of the Surface Transportation Assistance Act (STAA) of 1982, as amended; (2) rhe Contractor shall submit: a) the manufacturer's FMVSS self -certification sticker information that the vehicle complies with relevant FMVSS regulations; or b) the manufacturer's certified statement that the contracted vehicles will not be subject to the FMVSS regulations. (3) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. Post -Delivery Audit: Upon completion of the vehicle(s), and prior to filing of the title, the successful bidder shall provide the information indicated in 1-3 above. This post -delivery audit is required to ensure that the vehicle(s) were manufactured as intended. Failure to comply with this requirement or inability to certify Buy America compliance shall be cause for rejection of the vehicle(s). 35 Atl chmenl number 1 U F-3 Page 153