Introduction

The Federal Transit Act authorizes the Secretary of Transportation to provide assistance for the development of comprehensive and coordinated public and private mass transportation systems. The Act allows the Federal Transit Administration (FTA) to obligate Federal funds to mass transportation service providers for purchasing rail vehicles used to carry passengers in mass transit service. Recipients of these funds must comply with several Federal regulations, one of which is the Pre-Award and Post-Delivery Rule. If the FTA determines that the purchaser is not in compliance with the Rule, funding for the purchase may be jeopardized.

There are two parts to the Rule: the pre-award review and post-delivery review. The pre-award review is intended to help the recipient ensure that the proposed rail vehicles will meet (1) Buy America regulations, and (2) the recipient’s needs and specifications. The post-delivery review is intended to help the recipient ensure that the delivered rail vehicles meet the above stipulations.

This manual provides guidance to recipients of Federal funds to help demonstrate compliance with (1) the pre-award review requirements before entering into a contract with a rail vehicle manufacturer and (2) the post-delivery review requirements before the title of the rail vehicle is transferred to the recipient.

Section One describes the requirements of the Pre-Award and Post-Delivery Rule. It details which certifications and documents are needed to support the procurement process — from issuance of the solicitation to title transfer. Sections Two and Three suggest procedures that the recipient may follow when conducting the pre-award and post-delivery reviews, respectively. The fourth section provides examples of Buy America calculations and suggests other activities to help the recipient conduct the reviews. Section Five provides responses to frequently asked questions concerning the Rule. The five appendices at the end of this manual provide samples of review certifications, lists of typical rail vehicle components, Buy America waivers, sample visual inspection and performance test sheets, and a list of FTA offices, respectively.

Exhibit I-1 on this page summarizes the content of each review and the certifications required for the review. The exhibit also indicates where each topic can be found in this manual. Recipients may use this exhibit as a checklist to track the completion of each review.

 

RAIL VEHICLE: ______________________________
CONTRACT NO.: _____________________________
Pre-Award Review

 

 

(Before signing a contract with a supplier)

 Buy America Certification (Page 2-1)

A. checkbox Reviewed and Verified 60 Percent Domestic Content; AND

checkbox Reviewed and Verified Proposed U.S. Final Assembly Location, Operations, and Total Cost

OR

B. checkbox Requested and Received Buy America Waiver

Purchaser’s Requirements Certification (Page 2-8)

A. checkbox Checked Bid Specification Compliance With Solicitation Specifications; AND

checkbox Completed Manufacturer Capability Study

Post-Delivery Review

 

 

 

(Before using the vehicles in transit service)

 Buy America Certification (Page 3-1)

A. checkbox Reviewed and Verified 60 Percent Domestic Content; AND

checkbox Reviewed and Verified Actual U.S. Final Assembly Location, Operations, and Total Cost

OR

B. checkbox Requested and Received Buy America Waiver

Purchaser’s Requirements Certification (Page 3-8)

A. checkbox Completed Resident Inspector's Report; AND

checkbox Completed Visual Inspections and Road Tests

Note: All certifications must be kept on file. Supporting documentation should accompany each certification.

Exhibit I-1. Pre-Award and Post-Delivery Review
Requirements and Checklist



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