Demolition/Abatement Constracts (Folders 1-2)

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Chapter 4: Methods of Selection http://www.fta.dot.go~•ifta~library+admin!BPPmaniscct 40.htm The certification language in Appendix A.6, "Federally Required Model Clauses" accurately references the correct statutory provision and should be used by grantees pending the imminent publication of technical conections to this CFR section by the FTA. The offeror has a` choice of two certifications to complete: either • it will comply with the provisions of 49 USC § 5323(j)(1) and the applicable regulations in 49 CFR Part 661; or • it cannot comply with the provisians of 49 USC § 5323(j)(1) bu# may qualify for an exception pursuant to 49 USC § 5323(j)(2j(B) or § 5323{j)(2)(D) and the applicable regulations in 49 CFR § 661.7. The § 661.12 certification requirement is for procurement of buses, other rolling stock and associated equipment. As with the § 661.6 certification, the certification language in the CFR refers to the sections of the Surface Transportation Assistance Act of 1982 and not to the codification of federal transit laws in Title 53 of the United States Code. The certification language for § 661.12 in Appendix A.6, "Federally Required Model Clauses" of this Manual accurately references the conect statutory provision and should be used by grantees pending revisions to the CFR section by the FTA. The offeror has a choice of two certifications to complete: either • it will comply with the provisions of 49 USC § 5323(j)(2)(C) and the applicable regulations in 49 CFR Part 661; or • it cannot comply with the provisions af 49 USC § 5323(j)(2)(C) but may qualify for an exception pursuant to 49 USC § 5323(j)(Z)(B) or § 5323(j)(2)(D) and the applicable regulations in 49 CFR § 661.7. If you get the first certification back in either situation, unless there is a protest, you are in good sha.pe and your procurement can proceed to the next stage.63 What do you do, however, if your offeror executes the second certification -- cannot comply but may qualify for an exception? In order to understand what has to be done, you must first understand the waiver scheme of the statute [49 USC § 5323 (i)(2)] and the regulations (49 CFR § 661.7). The requirement that U.S.-produced steel, iron and manufactured goods used in the project does not apply in four specific instances: • Inconsistent with public interest waiver - This waiver64 requires a determination by the FTA Administrator on a case-by-case basis that to require complianee is "inconsistent with the public interest" unless a general exception is set out in the regulation.65 Nonavailability or unsatisfactorv auality waiver - This waiver~:~also requires a determination by the FTA Administrator that the materials for which a waiver is requested ~re not produced in the United States in sufficient and reasonably available quantiti~s and of a satisfactory quality. If no responsive and responsible bid is received offering an item produced in the United States, it will be presumed the conditions exist to grant this nonavailability waiver. In the case af a sole source procurement, the waiver will be granted only if the grantee provides suff~cient information which indicates that the item to be procured is onty available from a sit~glt source or that the item to be procured is not produced in sufficient and reasonably avail~t~le quan~ities of a satisfactory quality in the United States. 28 of 45 O 1 / 10/97 13:09:42