Common use of Buy America Clause in Contracts

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. CHARTER SERVICE 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. 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. CHARTER SERVICE Applicability: Operational service contracts. Contractor shall comply with 49 USC 5323(d) and (r) and 49 CFR part 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 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 Part 604; or Any other appropriate remedy. Contractor shall include this clause in each subcontract for the operation of public transit services.

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 lower-tier subcontractors. CHARTER SERVICE 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 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 Part 604; or Any other appropriate remedy. Contractor shall include this clause in each subcontract for the operation of public transit services.

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 lower-tier subcontractors. CHARTER SERVICE Applicability: Operational service contracts. Contractor shall comply with 49 USC 5323(d) and (r) and 49 CFR part 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 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 Part 604; or Any other appropriate remedy. Contractor shall include this clause in each subcontract for the operation of public transit services.

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 lower-tier subcontractors. CHARTER SERVICE 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.