EXCEPTIONS AND ADJUSTMENTS. In reference to the exceptions above, FTA requires that the bid for nondomestic items must be adjusted by the appropriate differential (10% or 25%) and then the adjusted overall bid prices compared to determine if the inclusion of domestic materials will increase the "overall Project contract." When both "rolling stock" and "non-rolling stock" are being procured in a single contract, the appropriate differentials will be applied to the different items only and not to the overall bid price. • Thus, the foreign purchased components of the individual bid items will be adjusted upward, for purposes of determining Buy America compliance only, by 10 percent for rolling stock and 25 percent for non-rolling stock, thereby increasing the contractor's cost proposal item by the adjusted amount, thereby adjusting the overall total bid price. • The revised bid amount will be the basis for determining the lowest bid. • Within five days of written notification, the Contractor shall provide the necessary information to substantiate the cost of nondomestic items and the factual basis for the claim of exception to the requirements of 49 USC 5323(j) and the regulations in 49 CFR 661.
