Demolition/Abatement Constracts (Folders 1-2)

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Ctiapter 4: Methods of Selection Purpose http://wwu•.fla.dot.gov/ftai7ibrary/admin/I3PVman/scct _40. htm The Buy America regulations at 49 CFR Part 661 represent the Department of Transportation's regulatory elaboration of Congress' intent that funds it appropriates shall only be used to pay for steel, iron, and manufactured goods used in the project are produced in the United States.58 They also detail the separate rules relating to rolling stock (including train control, communication, and traction power equipment)59. For the purpose of this discussion, there are two clauses required by the regulation to be included in contracts for construction services and for goods or rolling stock when the contract is estimated to exceed $100,000. The first clause is one that is required by 49 CFR § 661.13 to be included in the contract: "an appropriate notice ofthe Buy America provision." A model clause addressing that requirement is included in Appendix A.6, "Federally Required Model Clauses" of this Manual. The second clause, which will be dealt with in more detail in this section, is the solicitation certification requirements of 49 CFR §§ 661.6 and .12 for procurements of iron, steel or manufactured products and buses, other rolling stock and associated equipment, respectively. We will also discuss in this section what to do if an offeror certifies that it cannot comply with the requirements, but it may qualify for an exception. This law and regulation is different from the Buy American requirements that apply to some state, county, or municipal non-transit programs The definition of content, the certification, and the responsiveness requirement apply only to programs funded by the Federal Transit Administration. Best Practices If you spend much of your time in procurement, a copy of 49 CFR Part 661 is one of those "mandatory" documents for your procurement desk book. You will be constantly referring to these rules throughout your career in transit whether you are buying buses, rail cars, computers or a construction project. Because these rules are so critical, it is also important that you ensure that you are made aware of final rules impacting these regulations as published in the Federal Register from time-to-time.6o 49 CFR § 661.13(b) requires that the grantee (you) include in your solicitation a requirement, as a condition of responsiveness, that the bidder or offeror submit with the bid a completed Buy America certificate in accordance with § 661.6 or ~ 661.12, as applicable. There are three implications of this requirement: • If the certifications are not completed and submitted with the bid, that bid is nonresponsive and cannot be considered. You cannot go back and ask, in a competitive sealed bidding procurement, for the bidder to complete the certification and submit it after bids are received. • However the bidder certifies with its bid (whether or not it will be bound by the applicable requirement), it is bound by that certification and cannot change it after bid opening.61 • If the bidder or offeror certifies it will comply with the applicable Buy America requirements, it will not be eligible later for a waiver of those requirements.62 The § 661.6 certification requirement is for procurement of steel, iron, or manufactured products. The certification language in the CFR refers to the sections of the Surfdce Transportation Assistance Act of 1982 (steel and manufactured products) and not to the codification of federal tr`ansit laws in Title 53 of che United States Code by Public I.aw 103-272 (July 5, 1994) (steel, iran, and manufactured products). 7 of 45 O1/10/97 13:09:42