Demolition/Abatement Constracts (Folders 1-2)

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Chapter 4: Methods of Selection http:i/~vw~v.fta.dot.gov/fta/Iibrary/adminBPPmanrsect 40.htm section. § 165(a) of the Surface Transportation Assistance Act of 1982 (the Act) and as implemented by 49 CFR § 661.5, requires all manufactured products' used in the project ta be produced in the United States -- 100%. As an exception to this 100% requiremea~, Congress enacted § 165(b)(3) of the Act which allaws, in rolling stock procurements, for b0% af the cost of aIi components and final assembly takes place in the United States. The rules relating to this exception ~re found in 49 CFR § 661.11. Bottom line, if you comply with § 165(b)(3), you do not have to process a waiver application to the 100% rule of § 165(a) -- just comply with the rolling stock certification! If you cannot comply with that certification, then you must process a waiver in accordance with the procedures of § 661.9 and as discussed in more detail below. 71 ' 49 CFR § 661.9(c). 72 " Waivers for these same categories may be processed by the grantee as well. 73 " The payment to any "person" to influence or attempt to influence an officer or employee of any federal department or agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 49 CFR § 20.100(a). 74 " Because the language of the regulations refers to needing the certifieation and applicable disclosures at time of award, unless your solicitation specified otherwise, failure to submit the executed certification with the offer would probably not be considered a responsiveness issue in a competitive bidding procurement, and would not disqualify the offer. 75 " The "Lobbying Disclosure Act of 1995" (Pub. L. 104-65) made some amendments ta 31 USC § 1352 which simplified the information that needed to be disclosed on this Form. Those changes are detailed at 61 Fed Reg. 1412 (January 19, 1996) and will be eventually incorporated into a new Standard Form. Three items of the SF-LLL are impacted: Item l0a is amended by revising "Name and Address of Lobbying Entity" to read "Name and Address of Lobbying Registrant"; in Ytem 10, the statement "(attach Continuation Sheet(s) SF-LLL-A, if necessary)" is removed; and Items 11 through 15 are removed. 76 - FTA Circular 4716.1A Chapter I, § 8b.(3) (a). Although a DBE prime contraetor who subcontracts only normal portions of work according to these rules will meet the goa1, the subcontracting requirements can apply to DBE prime contractors as well as non-DBEs. This can occur if the DBE prime contractor is perfornung no commercially useful function or subcontracts a significantly greater portion of the work than would be expected on the basis of normal industry practices and does not rebut the resulting presumption of no commercially useful function. ~~ - See discussion at Section 4.3.2.5, "Amendment of ~olicitations." 78' See discussion at Section 4.3.2.3, "Solicitation." 79 " The requirements of § 15.m af the Master Agreement mirror those of § 11 of FTA Circular 4220.1D and refer the grantee to the provisions of 49 CFR § 18.36(h). 44 of 45 O 1 / 10/97 13:09:57