Limitation on Certain Rolling Stock Procurements. (a) Pursuant to Section 7613 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA 2020), Public Law 116-92 (Dec. 20, 2019) and 49 U.S.C. § 5323(u), the Authority is prohibited from using financial assistance under Chapter 53 of title 49 U.S. Code to award a contract or subcontract to an entity for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock: (1) is incorporated in or has manufacturing facilities in the United States; and (2) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that - (i) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection; (ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and (iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416) (a “Restricted Manufacturer”). (b) For purposes of this provision, the term “otherwise related legally or financially” does not include a minority relationship or investment. (c) Contractor shall not provide the Authority with rolling stock under this Contract if the rolling stock is from a Restricted Manufacturer or otherwise in violation of this prohibition. (d) Contractor shall insert this provision in all applicable subcontracts and other contractual instruments. (e) Contractor shall notify the Authority immediately if Contractor or any of its subcontractors cannot comply with this provision during the performance of this Contract.
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Samples: Contract Modification, General Planning Consulting Services, Environmental Engineering Services
Limitation on Certain Rolling Stock Procurements. (a) Pursuant to Section 7613 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA 2020), Public Law 116-92 (Dec. 20, 2019) and 49 U.S.C. § 5323(u), the Authority is prohibited from using financial assistance under Chapter 53 of title 49 U.S. Code to award a contract or subcontract to an entity for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock:
(1) is incorporated in or has manufacturing facilities in the United States; and
(2) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that -
(i) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;
(ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and
(iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416) (a “Restricted Manufacturer”).
(b) For purposes of this provision, the term “otherwise related legally or financially” does not include a minority relationship or investment.
(c) Contractor shall not provide the Authority with rolling stock under this Contract if the rolling stock is from a Restricted Manufacturer or otherwise in violation of this prohibition.
(d) Contractor shall insert this provision in all applicable subcontracts and other contractual instruments.
(e) Contractor shall notify the Authority immediately if Contractor or any of its subcontractors cannot comply with this provision during the performance of this Contract. Date 1/1/2022 SAMPLE DOCUMENT Date Invoice # Cap Metro Project Manager Task Order Description Task Order Authorized Amount Task % Complete Invoice % Complete Previous Amount Billed Current Amount Due Task Order Balance Xxxx Xxx 1 Park and Ride ABC $ 3,700.00 100% 100% $ 3,700.00 $ - $ - Xxxxx Xxxxx 2 Park and Ride DEF $ 5,980.00 100% 100% $ 5,980.00 $ - $ - 1/31 1234 Xxxx Xxx 3 Railstation TUV $ 16,260.00 33% 33% $ 2,500.00 $ 2,350.00 $ 11,410.00 1/31 6789 Xxxx Xxx 4 Park and Ride WXY $ 47,523.00 100% 98% $ 44,277.00 $ 3,050.00 $ 196.00 $ 56,457.00 $ 5,400.00 $ 73,463.00 $ 11,606.00 Task Order 100% / Invoicing Less than 100% Complete: Itemization of Outstanding Invoices Task Order Item Outstanding Date to be Submitted Amount 4 Invoice from Title Company Not Received Prior to Billing Cycle 2/1/2022 $ 196.00 Task Order Previously Billed Current Invoice Total Services Subtotal 142 $ 15,800.00 100% 22 $ 2,460.00 100% 23 $ 2,155.00 100% $ 4,615.00 100% TOTAL $ 16,260.00 $ 2,500.00 $ 2,350.00 $ 4,850.00 Date 1/1/2022 Invoice # 1234 SAMPLE Engineering Contract 12345 Project Description Rail Station TUV Cap Metro Project Manager Xxxx Xxx Description Rate Hours Fixed Cost % Hours Billed % Hours Invoice % Billed % Principal $ 175.00 12 $ 2,100.00 13% 2 $ 350.00 14% 2 0% $ 350.00 8% Project Manager $ 150.00 30 $ 4,500.00 28% 4 $ 600.00 24% 5 $ 750.00 35% $ 1,350.00 29% Sr Engineer $ 135.00 15 $ 2,025.00 13% 3 $ 405.00 16% 1 $ 135.00 6% $ 540.00 12% Engineer $ 115.00 45 $ 5,175.00 33% 7 $ 805.00 33% 8 $ 920.00 43% $ 1,725.00 37% Sr Technician $ 50.00 40 $ 2,000.00 13% 6 $ 300.00 12% 7 $ 350.00 16% $ 650.00 14% Courier Service Title Company Docs NTE Subtotal Due $ 2,350.00 Task Order Previously Billed Current Invoice Total $ - $ - TOTAL $ 47,523.00 $ 44,277.00 $ 3,050.00 $ 47,327.00 Date 1/1/2022 Invoice # 6789 SAMPLE Environmental Engineering Contract 12345 Project Description Park and Ride WXY Cap Metro Project Manager Xxxx Xxx Description Rate Hours Fixed Cost % Hours Billed % Hours Invoice % Billed % Principal $ 175.00 36 $ 6,300.00 13% 30 $ 5,250.00 12% 3 0% $ 5,250.00 11% Project Manager $ 150.00 78 $ 11,700.00 25% 70 $ 10,500.00 24% 5 $ 750.00 25% $ 11,250.00 24% Sr Engineer $ 135.00 83 $ 11,205.00 24% 83 $ 11,205.00 25% 10 $ 1,350.00 44% $ 12,555.00 27% Engineer $ 115.00 110 $ 12,650.00 27% 100 $ 11,500.00 26% - $ - 0% $ 11,500.00 24% Sr Technician $ 50.00 108 $ 5,400.00 11% 115 $ 5,750.00 13% - $ - 0% $ 5,750.00 12% Fixed Price Adjustment* $ 950.00 $ 950.00 Services Subtotal 415 $ 47,255.00 100% 398 $ 44,205.00 100% 18 $ 3,050.00 69% $ 47,255.00 98% $ 47,255.00 Courier Service Title Company Docs NTE Subtotal $ 72.00 Due $ 3,050.00 Item Outstanding Date to be Amount Submitted Title Company Invoice 2/28/2008 $ 196.00 Total Billed $ 47,327.00 Balance on Task Order $ 196.00 Capital Metro will not pay greater than the fixed price unless a Scope Change is ordered. **Reimbursable expenses will not exceed the reimbursable expenses authorized by the task order. Reimbursable costs (including subcontractor costs) shall be reimbursed to the Contractor by task and at actual cost with no administrative or other mark-ups (including subcontractor costs).
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