Common use of FTA CLAUSES Clause in Contracts

FTA CLAUSES. A. Buy America Requirements (Rolling Stock) 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 $100,000) made with capital, operating or planning funds. Separate requirements for rolling stock are stated at 5323(j)(2)(C) and 49 CFR661.11. In Fiscal Years 2016 and 2017, rolling stock must be manufactured in the US and have a minimum 60% domestic content. In Fiscal Years 2018 and 2019, rolling stock must be manufactured in the US and have a minimum 65% domestic content. The minimum domestic content of rolling stock from Fiscal Year 2020 and beyond is 70%. A bidder or offer or shall submit appropriate Buy America certification to the recipient 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.