Demolition/Abatement Constracts (Folders 1-2)

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Chapter 4: Methods of Sclection http://wwx~.fta.dotgo~ fia~1ibrary/admin/13PYman/sect 40.htm 60 - At the time this Manual was written, the latest published edition of 49 CFR Part 661 was as of October 1, 1995. A significant change to these regulations was made by the FTA on February 16, 1996, in the Federal Register of that date beginning at page 6300. This fina! rule implemented section 1048 of the Intermodal Surface Transportation and Effieiency Act (Public Law 102-240) which had amended the FTA's Buy America requirements and also updated and clarified some other provisions of the regulations. The actual publication date of the volume of 49 CFR that includes Part 661 (which will be as of October 1, 1996), would not be available until January 1997. If you waited until then to review these regulations, you would have been conducting procurements with out-of-date information for almost a year! 61- 49 CFR § 661.13(c). You may rely on the certification without independently determining the American content; false certifications may be prosecuted under fraud statutes. 62 - Id. 63 - The requirements of 49 CFR Part 663, dealing with Buy America pre-award and post-delivery audits of rolling stock purchases, will be discussed in detail in Section 6.3, when we discuss rolling stock procurements. 6a - 49 USC § 5323(j)(2)(A) and 49 CFR § 661.7(b). 65 - These exceptions are set forth in a portion of the regulations entitled "Appendix A to §661.7 -- General Waivers." At the time this section was written, there were five general waivers: all waivers published in 48 CFR 25.108, 15 passenger vans produced by Chrysler Corporation are exempt from the requirement that final assembly take place in the U. S., 15 passenger wagc~ns produced by Chrysler Corporation are exempt from the requirement that final assembly take place in the U. S., microcomputer equipment (including software) of foreign origin can be procured by grantees, and all small purchases (which the FTA has defined as any procurement less than $100,000 regardless of the method of procurement utilized) made by grantees with capital, planning or operating assistance are exempt from the Buy America requirements. A general waiver has also been granted under the rolling stock procurement requirements of § 661.11 at Appendix A to § 661.11. Under this waiver, the provisions of this section do not apply when foreign source spare parts for buses and other rolling stock whose total cost is 10 percent or less of the overall project contract cost are being procured as part of the same contract for the major capital item. 66 - 49 USC § 5323(j)(2)(B) and 49 CFR § 661.7(c). 67 " 49 USC § 5323(j)(2)(D) and 49 C~'R § 661.7(d). 68 " If the amount of the lowest responsive and responsible bid offering the item or material that is not produced in the United States multiplied by 1.25 is less than the amount of the lowest responsive and responsible bid offering the item or material produced in the United States, this waiver will be granted. 69 - 49 USC § 5323(j)(2)(C) and 49 CFR § 661.11(a) as set forth in 61 Fed.Reg. 6302 (February 16, 199b). ~~ - The provisions of 49 CFR §661.11(z) may be confusing to someone other than the author of this 3 of 45 O1/]0/97 13:04:56