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The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11, which provide that Federal funds may not be obligated unless rolling stock is manufactured in the United States and have a sixty (60%) percent domestic content. Rolling stock that is not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. Rolling stock Includes: buses, other vehicles used in transportation, train control equipment, communication equipment, and traction power equipment. Effective July 24, 1995 small purchases (under the $100,000 threshold) made with FTA funds, will not be subject to the Buy America requirement. The value of small purchases should be determined by using "contract price" and not "unit price'. These regulations require, as a matter of responsiveness, that the Bidder or Contractor submit to the purchaser the appropriate Buy America certification (Attachment C or D) with all bids where FTA funds are provided, except those subject to a general waiver or less than $100,000. 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 Preaward 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 01 Atl chmenl number 1 In F-4 Page 210