Buy America. The CONTRACTOR agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have more than 60 percent domestic content for vehicles delivered in FY 2016 and FY 2017; more than 65 percent domestic content for vehicles delivered in FY 2018 and FY 2019 and more than 70 percent domestic content for vehicles delivered in FY 2020 and beyond. A bidder or offeror must submit to the FTA contractor the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5. Date _______________________________________________________________ Signature____________________________________________________________ Company Name_______________________________________________________ Title ________________________________________________________________ The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date __________________________________________________________________ Signature ______________________________________________________________ Company Name _________________________________________________________ Title __________________________________________________________________ The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date _________________________________________________________________ Signature _____________________________________________________________ Company Name ________________________________________________________ Title ________________________________...
Buy America. A. Buy America requirements do not apply to the following:
1) Tools and construction equipment used in performing the work
2) Temporary work that is not incorporated into the finished project.
X. Xxxxx Rubber (Pub Res Code § 42703(d))
(a) Furnish crumb rubber with a certificate of compliance. Crumb rubber must be:
1) Produced in the United States
2) Derived from waste tires taken from vehicles owned and operated in the United States
Buy America. Applicability: Construction contracts and acquisition of goods or “Rolling Stock” valued at more than $150,000. Contractor shall comply with 49 USC 5323(j) and 49 CFR 661, stating that Federal funds may not be obligated unless steel, iron and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include software, microcomputer equipment and small purchases (currently less than $150,000) made with capital, operating or planning funds. Separate requirements for Rolling Stock are stated at 5323(j)(2)(C) and 49 CFR 661.11. Rolling Stock must be manufactured in the US and have a minimum 65% domestic content for FY2018 and FY2019 and a minimum 70% domestic content for FY2020 and beyond. A Proposer shall submit appropriate Buy America certification to STA with all bids on FTA-funded contracts, except those subject to a general waiver. Proposals not accompanied by a completed Buy America certification shall be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Applicability: Operational service contracts. Contractor shall comply with 49 USC 5323(d) and (r) and 49 CFR part 604, which state that recipients and subrecipients of FTA assistance may not provide charter service using equipment or facilities acquired with Federal assistance if there is at least one private charter operator willing and able to provide the service, except as permitted by: 49 USC 5323(d) or other Federal transit laws; 49 CFR part 604; Any other federal Charter Service regulations; or Federal guidance, except as FTA determines otherwise in writing. The Contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies, which may include: Barring STA, the Contractor, or any subcontractor operating public transportation from receiving Federal assistance; Withholding an amount of federal assistance from STA as provided by Appendix D to 49 part 604; or Any other appropriate remedy. Contractor shall include this clause in each subcontract for the operation of public transit services.
Buy America. The Grantee shall comply with the Buy America provisions set forth in 49 U.S.C. §24405(a) for the Project requiring the use of steel, iron, and manufactured goods produced in the United States, in accordance with the conditions therein set forth.
Buy America. The Recipient agrees that statutory and regulatory Buy America provisions that apply to federal assistance authorized for FTA differ from those that apply to federal assistance authorized for FRA. Therefore, the Recipient agrees that:
(1) It must comply with FTA’s statutory and regulatory Buy America provisions to the extent that the purchases are for a Project or related activities that implement the Underlying Agreement,
(2) It must comply with FRA’s statutory and regulatory Buy America provisions, specifically section 301(a) of the Passenger Rail Investment and Improvement Act of 2008 (PRIIA), Pub L. 110-432, October 16, 2008, and 49 U.S.C. § 24405(a), to the extent that the purchases are required to comply with FRA Buy America requirements, and
(3) If it uses federal assistance authorized for FTA and for FRA to finance a purchase, the Recipient agrees that it must comply with both FTA’s and FRA’s requirements.
Buy America. The Local Government must comply with the Buy America domestic preferences contained in the Build America, Buy America Act (Sections 70901‐52 of the Infrastructure Investment and Jobs Act, Public Law 117‐58) and as implemented by US DOT operating agencies.
Buy America. Furnish steel and iron materials to be incorporated into the work with certificates of compliance. Steel and iron materials must be produced in the U.S. except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used. Production includes:
1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;
2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.
Buy America. The CONTRACTOR shall comply with the Buy-America requirements of 49 U.S.C. 5323(j) and 49 CFR Part 661 for all procurements of steel, iron, and manufactured products used in PROJECT. Buy-America requirements apply to all purchases, including materials and supplies funded as operating costs, if the purchase exceeds the threshold for small purchases (currently $100,000.00). Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(c) and 49 CFR 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.
Buy America. Contractor’s compliance or non-compliance with Buy America Requirements was submitted with Contractor’s Proposal and is indicated in Attachment B: Master Agreement Pricing.
Buy America. The CITY agrees to comply with all Buy America requirements under 23 USC 313 and 23 CFR 635.410, which require a domestic manufacturing process for any steel or iron products. The CITY must provide a Buy America Certification, example Certification document attached as Exhibit E, completed by the equipment manufacturer or demonstrate that the Federal Highway Administration has granted a waiver of the Buy America requirements.
