Demolition/Abatement Constracts (Folders 1-2)

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Chapter 4: Methods of Selection http:- w~wu.fta.dot.Fo~~ifta%libran,~adminBPPman~sect ~O.htm version or an electronic version. The printed version is published monthly and may be obtained by purchasing a yearly subscription.53 The electronic version is updated daily and provides access to the names of firms and individuals on the list through your computer.$4 GSA also offers a telephone inquiry service to answer general inquiries about entries on the List at (202) 501-48'l3 or 4740.55 Although not required by the FTA, some transit properties check the List on all their procurements, whether or not federally funded. Even if you are using local dollars, do you want to award a contract to, or approve a subcontract for, a contractor/subcontractor that has been debarred, suspended, or proposed for debarment by the federal government? Is that entity responsible? You may at least want to inquire about the action prior to making your final responsibility determination. If you know you would want to use debarrnent information in a non-Federally funded procurement, you may wish to mention it in your solicitation's responsibility clause. If the apparent awardee of your solicitation (e.g., the lowest responsive bidder) has submitted a conditioned certification, you can use that information in arriving at your responsibility determination and find the firm non-responsible. However, the firm may have submitted information you believe is extenuating enough to warrant award consideration. Remember, if you want to award a contract to a firm that has submitted a conditioned certification, you cannot make an award until you have reeeived approval for the award from the FTA.56 It is recommended as soon as it appears you will be faced with this situation, you notify your regional FTA office for guidance and instructions on what information they need and submit it promptly. 4.3.3.2.2 Buv America Certification 17.i of the Master Agreement states that: i. Buv America. The Recipient agrees to comply with 49 U.S.C. § 5323(j), FTA's Buy America regulations at 49 CFR Part 661, and any amendments thereto, and any implementing guidance issued by FTA, with respect to each third party contract financed by the Grant Agreement or Cooperative Agreement. discussing the Federal requirements to be included for contracts whose award amount exceed the a11 purchase threshold (currently $100,000), § 36.c.(2)(c) provides: (c) Buy America. When tangible property or construction will be acquired, the Buy America requirements of Subs~ction 17.i of this Master Agreernent must be included. DISCUSSION For ait contracts with a value greater than $100,000 for construction or m~nufactured goods, you must obtain with the oflfer a certification regarding the American content in the manufactured products. If the of~'eror does not certify the requisite American content, it may qualify for a waiver. Waivers may be granted by the FTA based on a 25% price difference, public policy, unavailability of American su6stitntes, or different content requ'trements in the case of rolling stock.57 26 of 45 O 1! l0l97 13~09:4U