Waivers and Decision Letters
|The PENTA Building Group, LP||FTA denies a request from the PENTA Building Group, LP to re-certify after it had submitted certificates of both compliance and non-compliance.||08/10/2012|
|San Diego Friction Products, Inc.||
FTA grants San Diego Friction Producs, Inc. permission to correct its Buy America certificate from compliance to non-compliance.
|Universal Security Systems||
FTA granted Universal Security Systems' request to correct its Buy America certificate from non-compliance to compliance.
|Jenkins Construction, Inc.||03/16/2011|
|Kansas Coordinated Transit District Council||12/21/2010|
|Fine Organics Corporation||FTA denied a request from Fine Organics Corporation to re-certify. With its bid, Fine Organics President signed both a Certificate of Compliance and a Certificate of Non-Compliance.||06/24/2010|
|F.D. Thomas, Inc.||FTA determined F.D. Thomas, Inc. eligible to submit an amended Buy America Certificate after it inadvertently signed a Certificate of Non-Compliance.||06/02/2009|
|Siemens Transportation||Denial of request to correct a Buy America certification for inadvertent error under 49 CFR 661.13, with an explanation that Siemens is permitted to update its certification until Best and Final Offers are submitted.||12/29/2003|
|Alstom Signaling||Denial of Alstom petition to change its Buy America certification from one of compliance with the manufactured products standard to one of compliance with the rolling stock standard.||06/19/2003|
FTA determined that the processes by which AutoAbility, LLC, converts incomplete Chrysler and Dodge minivans into its wheelchair accessible minivans satisfies FTA’s Buy America requirements for final assembly.
|Braun Corporation||FTA determined that the processes by which the Braun Corporation converts incomplete Chrysler minivans into Braun Entervans satisfies FTA’s Buy America requirements for final assembly.||07/01/2013|
|ElDorado National-Kansas||FTA determined that the processes by which ElDorado converts incomplete Chrysler and Dodge minivans into ElDorado Amerivans satisfies FTA’s Buy America requirements for final assembly.||07/01/2013|
|Los Angeles County Metropolitan Transportation Authority||
FTA determined that Kinkisharyo International Inc.’s plan to produce and deliver at least 78 light rail vehicles to the Los Angeles County Metropolitan Transportation Authority complied with FTA’s final assembly requirements.
FTA determined that the final assembly approach outlined by AnsaldoBreda S.P.A. for Miami-Dade Transit Heavy Rail Vehicles met the final assembly requirements contained in Appendix D to 49 C.F.R. 661.11.
|Washington Metropolitan Area Transit Authority||FTA determines that the final assembly approach outlined by Kawasaki Rail Car, Inc. for the Washington Metropolitan Area Transit Athority 7000 Series Railcars complies with the minimum requirements for final assembly countained at Appendix D to 9 CFR 661.11.||07/23/2010|
|Daimler Buses North America||
Letter of interpretation from FTA confirming Daimler Buses North America's interpretation of FTA's final assembly requirements.
|Sunline Transit Agency||Determination of acceptable domestic final assembly for one prototype hydrogen fuel cell bus. Sunline is allowed to incorporate the wiring harnesses and pneumatic systems into the vehicle shell during its manufacture in Belgium because these systems must be built into the framework of the shell to ensure functionality.||04/16/2004|
|Siemens Transportation||Reconsideration of FTA determination that Siemens’ proposed component calculation for the vehicle shell and proposed foreign assembly of the bogey would not be in compliance with Buy America. Decision of August 15, 2002, affirmed --Houston Metro and Siemens Transportation.||06/03/2003|
|Alstom Transportation Inc.||Determination of compliance with the Buy America requirements as they apply to the final assembly of overhauled rail vehicles, specifically, truck assemblies.||10/10/2002|
|Houston Metro and Siemens Transportation||Determination concerning Siemens’ proposed component calculation for the vehicle shell and proposed foreign assembly of the bogey or truck. See also: Siemens Transportation.||08/15/2002|
|Electric Trolley Incorporated||Response to request for review and approval of ETI’s manufacturing plan. Request for more information.||04/13/2000|
|Bob Hope Airport – Regional Intermodal Transportation Center||
FTA determined that the junction boxes and electrical conduit used in fire alarm, lighting, and power systems for the Bob Hope Airport – Regional Intermodal Transportation Center are components for purposes of Buy America and must be manufactured in the United States.
|Southern California Edison (SCE)||
FTA letter to SCE on the application of FTA's Buy America rules to SCE for the electric utility relocation work it performs as part of an FTA-funded project.
FTA determined that Otis Elevator Company’s escalator manufacturing processes are sufficient to meet FTA’s Buy America requirements.
|Los Angeles County Metropolitan Transportation Authority||
FTA letter to Los Angeles County Metropolitan Transportation Authority on the application of FTA's Buy America rules to the utility relocation performed by AT&T.
|Charlotte Area Transit System||
FTA guidance to Charlotte Area Transit System on the application of FTA's Buy America rules to the utility relocation performed by AT&T.
|New York Metropolitan Transportation Authority||
FTA determined that the concrete block of NY MTA’s Low Vibration Track (LVT) system is an end product and the individual concrete block, rubber boot, pad, and plastic insert that make up the concrete block end product are components for purposes of Buy America.
Letter of Interpretation-KONE Inc.'s Escalator Manufacturing Process
|San Francisco Bay Area Rapid Transit District||
FTA letter to San Francisco Bay Area Rapid Transit District on whether it could implement a bidding preference to bidders that exceed Federal Buy America requirements.
|Golden Gate Bridge, Highway & Transportation District||
Applicability of Buy America provisions to planned ferry boat rebuild.
|New Starts Working Group||
FTA responds to inquiry about the application of Buy America rules to uility relocation contracts.
|Massachusetts Bay Transportation Authority||
FTA determination that Massachusetts Bay Transportation Authority may apply the rolling stock waiver to its procurement, but that FTA intends to publish guidance proposing to apply the manufactured product standard to all subsequent rolling stock overhauls.
|Kansas City Area Transportation Authority||
Application of FTA's Buy America to traffic signal improvements within the City's Green Impact Zone.
|Detroit Diesel Corporation||
FTA determination that the BlueTEC aftertreatment system is a subcomponent of an engine and the integrated elements should be treated as a single component for purposes of compliance with FTA's Buy America regulations.
|Letter to New Starts Working Group||
Letter from FTA Adminstrator to New Starts Working Groups regarding the applicability of Buy America to utility contracts that are within the scope and budget of an FTA-funded project.
|Alta Bicycle Share - Public Bike System Company||04/08/2011|
|San Francisco Municipal Railway||
FTA determined that an escalator and a permanently affixed elevator are components and KONE’s manufacturing processes of the escalators to be installed in S.F. Muni’s stations were sufficient to meet Buy America.
|Yonkers Contracting/ThyssenKrupp Elevator||
FTA determined that an escalator is a component and ThyssenKrupp Elevator’s manufacturing processes for the escalators to be installed in the 245 Park Avenue Entrance to New York Metropolitan Transportation Authority’s Grand Central Station were sufficient to meet the Buy America requirements.
|Bay Area Rapid Transit District||Letter of interpretation regarding the application of FTA's Buy America requirements to wayside components of a cable-propelled public transportation system.||12/22/2009|
|Golden Gate Bridge, Highway and Transportation District||
Interpretation of FTA's Buy America requirements as they relate to the procurement of an Advanced Communications and Information System (ACIS). When used for rolling stock, an ACIS is a rolling stock end product described as a communications system at Appendix A to 49 CFR 661.3.
|Dedicated Micros, Inc.||FTA interpreted the applicability of its Buy America regulations to a Digital Video Recorder manufactured by Dedicated Micros, Inc.||04/14/2008|
|FRE Composites, Inc.||FTA declines to issue general guidance designating fiberglass conduit, in all cases, as a subcomponent of the electrical system on transit construction projects. Agency reaffirms that whether an item constitutes a component or subcomponent in a construction project is determined on a case-by-case basis.||10/26/2004|
|Quester Tangent||Clarification of microcomputer waiver to Monitoring and Diagnostic equipment.||08/02/2004|
|Palm Beach County||Palm Beach County may not reject an initial offer as being not responsive to a Request for Proposals (RFP) without performing a technical evaluation, because the offer does not include a Buy America certificate. The offeror should be given the opportunity to update the offer and provide the certificate until best and final offers.||07/27/2004|
|AESF Communications||Discussion of FTA’s application of the rolling stock requirements to procurements of communications equipment. AESF argues that the rolling stock requirements should apply only when communications equipment is purchased as part of a vehicle purchase, and otherwise, the general requirements should apply. FTA notes that a Buy America rulemaking may be necessary to implement changes to the statute, and FTA will consider this suggestion during that process.||06/02/2004|
|Metro North Railroad||Where bidder certifies both compliance and non-compliance with the Buy America requirements, normally a bid would be rejected as non-responsive because it is ambiguous as to Buy America compliance and cannot be corrected. However, where the bidder erred in its bid, but is also more than 25 percent less than the second low bid, and when under either interpretation of the ambiguity, the low bidder would be successful, the grantee may accept the low bid.||05/21/2004|
|Spacecraft Components Corporation||Explanation of manufacturing requirements for components and subcomponents of rolling stock, specifically, electrical connectors used in rail rolling stock.||03/30/2004|
|MTA New York City Transit||Clarification of the applicability of the microcomputer waiver (49 CFR 661.7, App. d) to a Service Management and Customer Information System procurement. The entire system should not be designated as microcomputer equipment eligible for the waiver.||09/23/2003|
|Vansco Electronics Ltd.||Clarification of the applicability of the microcomputer waiver (49 CFR 661.7, App. d) to Automated Passenger Information Systems. The entire system should not be designated as microcomputer equipment eligible for the waiver.||09/15/2003|
|CoinCard International||Application of the Buy America requirements to the manufacture of fare collection equipment purchased by FTA grantees, specifically, the designation of components and treatment of microcomputer equipment.||05/23/2003|
|New Jersey Transit||Certification of non-compliance and contract award. Low bidder who certified non-compliance seeks guidance on whether or not it can still win award. Bidder argues that the only way for it to truthfully certify was non-compliance because it did not know which materials it would ultimately use. Bidder also claimed that there was no discussion or explanation of the implications of a certification of non-compliance in the bid documents, the statute, or the regulations.||03/06/2003|
|Chicago Transit Authority||Clarification of applicability of Buy America to steel frogs and construction contracts.||02/05/2003|
|Southern California Regional Rail Authority||Clarification of applicability of the Buy America requirements to certain items of special trackwork, namely U-69 guardrail and manganese steel frogs.||10/02/2002|
|Santa Clara Valley Transportation Authority||How does Buy America apply to a cable trough, a line item in a construction contract composed of 7100 linear feet of interlocking precast concrete units/sections? The contractor characterized the cable trough as a cable tray and as such, requested that its manufacture be governed by the rolling stock section of the regulation. FTA determined that the trough is not an end product, and thus is a component of the construction contract governed by the general requirements of the regulation, not the rolling stock requirements.||10/18/2001|
|Tren Urbano||The application of Buy America to structural steel and construction contracts.||03/16/2001|
|Puerto Rico Department of Transportation and Public Works||Construction contracts and the application of Buy America to rebar.||01/18/2001|
|Hubner Manufacturing Corporation||Clarification of regulations, specifically on the issue of "pre-qualification" and application of 49 C.F.R. 661.11 to a component, in this case, bellows.||03/14/2000|
|CAF-Houston METRO||Letter from FTA to CAF denying CAF's Request for Reconsideration nd offering guidance on FTA's Buy America rules.||10/01/2010|
|Report of Investigation -- Houston METRO -- Buy America and Procurement||This Report of Investigation explains and documents our finding of three substantial violations of FTA's Buy America and procurement rules:
2. METRO violated FTA's competitive procurement rules when it chose to negotiate with one of the offerors, CAF, to the exclusion of all other offerors, and allowed that offeror to continue revising its price while refusing to allow other offerors the opportunity to present their Best and Final Offers (BAFOs); and
3. METRO’s LRV procurement was flawed due to the sum of many failures, including the lack of an adequate procurement plan, the lack of an adequate source selection evaluation plan, METRO’s failure to disclose all evaluation factors in the solicitation, METRO’s failure to inform potential offerors of the relative importance of those factors that were disclosed in the evaluation, METRO’s use of undisclosed changes in evaluation factors, and METRO’s failure to perform a complete best value analysis.
|Letter to Houston METRO -- Buy America and Procurement Investigation||This letter describes the actions Houston METRO must take to remain eligible for FTA funding following the negative results of FTA's investigation.||09/07/2010|
|Houston METRO / CAF -- Decision Letter||FTA finds several violations of its Buy America and procurement rules by Houston METRO and CAF.
|Midwest Bus Corporation / Milwaukee County Transit System||FTA upholds its March 1, 2010, decision determining that the Byk-Rak brand bicycle racks supplied by the Midwest Bus Corporation to the Milwaukee County Transit System failed to meet the Buy America requirements.||08/11/2010|
|Houston METRO / CAF / Parsons Transportation Group||
The Federal Transit Administration initiates an investigation into Houston METRO, Parsons Transportation Group, and Construcciones y Auxiliar de Ferrocarriles (CAF), regarding the production of Light Rail Vehicles in Spain for use on the federally funded North and Southeast Corridor projects.
|Milwaukee County Transit System / Midwest Bus Corporation||FTA finds that Midwest Bus Corporation failed to comply with the Buy America requirements when it supplied bus-mounted bicycle racks to the Milwaukee County Transit System.||03/01/2010|
|TwinVision of North America||FTA denied a request by TwinVision of North America to investigate Hanover Displays, Inc.||03/19/2009|
|Massachusetts Bay Transportation Authority||FTA determined that Scheidt & Bachmann, USA, Inc. (S&B) met its burden of proving that it complied with FTA’s Buy America requirements when it supplied the Massachusetts Bay Transportation Authority (MBTA) with an Automated Fare Collection (AFC) system pursuant to MBTA Contract No. 640.||04/29/2009|
FTA declined to investigate MAN Engines and Components, Inc.’s (MAN) compliance with the FTA's Buy America requirements. FTA will not open an investigation unless and until it receives a petition filed in accordance with the requirements of 49 CFR § 661.15(b).
|N/S Corporation||Letter denying N/S Corporation’s petition requesting that FTA investigate Buy America compliance on Valley Metro Rail Transit Authority procurement of rail car washing system.||02/03/2006|
|Ace Equipment & Supply Co.||Letter denying Ace Equipment & Supply Co.’s petition requesting that FTA investigate Buy America compliance on City of Steamboat Spring procurement for the removal and replacement of vehicle maintenance lifts.||01/19/2006|
|Pandrol USA||Letter denying Pandrol USA’s petition requesting that FTA investigate Buy America compliance on Utah Transit Authority procurement of concrete ties and fasteners.||01/03/2006|
|Powell Electrical Manufacturing||Letter denying Powell Electrical Manufacturing’s petition requesting that FTA investigate Buy America compliance on Phoenix Valley Metro and Seattle Sound Transit procurements for traction power systems.||11/17/2004|
|American Innovations||Decision not to investigate MBTA Bomb Containment Trashcan procurement where no FTA funds were used. 49 C.F.R. 661.3 and 661.15.||10/01/2004|
|Sound Transit||Decision letter responding to a petition to investigate violations of Buy America in Sound Transit’s steel procurements.||09/16/2004|
|Telephonics||Letter denying Telephonics’ petition requesting that FTA investigate Buy America compliance on the New York City Transit procurement of a public address system. Discussion of FTA’s application of the rolling stock requirements to the purchase of communications equipment and compliance of the other offeror, Siemens Transportation.||06/18/2003|
|Telephonics||Letter denying Telephonics’ petition requesting that FTA investigate Buy America compliance on two New York City Transit procurements, one with Alstom and Kawasaki Rail Car for railcars, and the other with Siemens/Matra for signal system modernization.||06/16/2003|
|Cubic Transportation Systems, Re: MBTA||Response to Cubic Transportation System's appeal of FTA's determination that there was no violation of Buy America by MBTA in its procurement of a fare collection system. Decision affirmed.||12/06/2002|
|Massachusetts Bay Transportation Authority||FTA findings in investigation of MBTA fare collection system procurement. No violation of Buy America found.||11/14/2002|
|Massachusetts Bay Transportation Authority||Letter granting Cubic Transportation Systems' petition for investigation of MBTA fare collection system procurement.||08/12/2002|
|Edgewater Steel||Decision not to investigate a Long Island Railroad procurement where no federal funds are used, but where federal clauses were put in the bid documents. 49 C.F.R. 661.3 and 661.15.||07/13/2001|
|Siemens Transportation Systems, Inc.||Letter denying Siemens' petition requesting that FTA investigate CAF and Sacramento Regional Transit for violation of Buy America.||06/05/2001|
|Macton-Joyce and Whiting Corporation||Generally, Buy America and construction contracts. Specifically, response to an appeal of the decision that Pfaff lifts are in compliance with Buy America for the purposes of the subject procurement. See below.||06/08/2000|
|New Jersey Transit||Letter of determination to NJT responding to Macton's petition to investigate NJT’s violation of Buy America. See below.||01/28/2000|
|New Jersey Transit||Generally, Buy America and turnkey construction contracts. Specifically, a letter to NJT, responding to a petition to investigate NJT’s alleged violation of Buy America as it relates to the procurement of hoist equipment. Request for information. See above.||10/20/1999|
|Quaker Rubber Company||Response to a petition to investigate the Buy America compliance of a rubber escalator handrail manufacturer.||09/30/1999|
Pre-Award and Post-Delivery Reviews
|PB Transit & Rail Systems, Inc.||Clarification of the Pre-Award and Post-Delivery requirements regarding the resident inspector requirements, specifically, that FTA has not prescribed the number of hours a resident inspector must be on site.||01/27/2003|
|Transit Resource Center||Clarification of the Pre-Award and Post-Delivery requirements regarding the level of information a vehicle manufacturer must supply to confirm domestic content. In addition to other information, the manufacturer is required to divulge the total material cost and the percentage of the total material cost that each component or subcomponent represents||09/18/2001|
|Rock Island County Metropolitan Mass Transit District||
FTA granted a Buy America non-availability waiver request for a Variable Refrigerant Flow (VRF) HVAC system for installation in the Rock Island Transfer Station.
|City of Cincinnati||
FTA granted the City of Cincinnati a waiver for Cincinnati Bell’s cross-connect cabinet for utility work associated with the Cincinnati Streetcar project.
FTA denied Allison Transmission’s request for another non-availability waiver for the Energy Storage Unit subsystem used in its hybrid-electric propulsion system.
|MTA Capital Construction Company (New York Metropolitan Transportation Authority (NY MTA))||
FTA granted MTA Capital Construction Company a non-availability waiver for the pad and rubber boot of a concrete block for the Low Vibration Track system that it is constructing as part of Phase 1 of the Second Avenue Subway project.
|North Front Range Metropolitan Planning Organization (NFRMPO)||
FTA granted NFRMPO a non-availability waiver for seven-passenger minivans for its VanGo Vanpool Program.
FTA denies a request from Metro-North Railroad, New York Metropolitan Transportation Authority, for a price-differential waiver for the procurement of frogs from Progress Rail Services Corp.
|ALSTOM Transportation, Inc.||
FTA denied a waiver for the Insulated Gate Bipolar Transistor (IGBT) based inverter/converter system used in the propulsion system of a light rail vehicle manufactured by Alstom Transportation, Inc.
FTA determined that banknote handling units used in transit ticket vending machines are subcomponents; therefore, a Buy America waiver requested by Nextek Corporation is unnecessary.
|Massachusetts Bay Transportation Authority||
FTA granted a non-availability waiver for the procurement of journal bearings.
|New York Metropolitan Transportation Authority||
FTA granted a public interest waiver that permitted a bidder to modify its Buy America certificate from non-compliance to one of compliance.
|Volvo Bus Corporation -- Prevost Coach||
FTA denied a request for a public interest waiver for motor coache manufactured in Canada by Prevost Coach.
|Nextek Corporation||FTA grants Buy America waiver for BV-6200 Bill Tekpak.||07/21/2010|
|El Dorado National / Chrysler||In response to formal requests from El Dorado National, Kansas, and Chrysler Group LLC, and informal requests from several other parties, and based on the fact that no manufacturer has identified itself as willing and able to supply minivans or minivan chassis that are assembled in the United States, the Federal Transit Administration hereby waives its Buy America final assembly requirement for minivans and minivan chassis. This waiver is valid until such time as a domestic source becomes available.||06/21/2010|
|City and County of Honolulu||FTA rejects request to waive the procedural aspects of its Buy America requirements for a project being delivered using a Design-Build contract.||10/08/2009|
|Florida Department of Transportation||FTA granted a one-time waiver to the Forida Department of Transportation for the purchase of modified minivans. NOTE: Waiver is limited to a single procurement.||09/08/2009|
|Alstom Transportation, Inc.||
FTA waived its Buy America requirements for an Insulated Gate Bi-Polar Transistor manufactured by Alstom Transportation Inc. This waiver will remain in effect for two years or until such time as a domestic supplier becomes available, whichever occurs first.
FTA denied a request from Houston METRO and CAF for a public interest wavier. Houston METRO asked FTA to waive its Buy America requirements for two pilot LRVs; such a waiver would have allowed the pilot LRVs to be assembled in Spain by CAF. The decision also addresses a related request from Houston METRO regarding the lease of the two pilot LRVs for purposes of testing.
|Allison Transmission, Inc.||
FTA waived its Buy America requirements for an Energy Storage Unit that is one of five subsystems of a hybrid-electric propulsion system manufactured by Allison Transmission, Inc. The Energy Storage Unit is not available from a domestic source. This waiver will remain in effect for two years or until such time as a domestic supplier becomes available, whichever occurs first.
FTA renewed Asahi Seiko's Buy America waiver for the Model SA-595 Compact Coin Dispensing Hopper, which is manufactured in Japan for use in ticket vending machines. This waiver is valid for two years or until such time as a domestic supplier becomes available, whichever occurs first.
FTA renewed MEI's waiver for the Sodeco BNA57/542 Bill Handling Units, which are manufactured in Switzerland for use in ticket vending machines. The waiver is valid for an additional two years or until such time as a domestic supplier becomes available, whichever occurs first.
|Detroit Department of Transportation||Post-award, non-availability waiver for the purchase of steel tubing to be used for the construction of a canopy at the Rosa Parks Transit Center.||01/14/2009|
|Regional Transportation Commission of Southern Nevada||Non-Availability waiver for the purchase of fifty StreetCar vehicles to be manufactured by the Wright Group in the United Kingdom.||12/08/2008|
|City of High Point, North Carolina||Denial of request for public interest waiver for the purchase of Dodge Sprinter vans.||11/25/2008|
|ALSTOM Transportation Inc.||Denial of request for reconsideration of decision not to grant a Buy America waiver for an "Arpege" Truck Axle Bridge for use in low floor light rail vehicles.||11/25/2008|
|Massachusetts Bay Transportation Authority||Denial of request for a public interest waiver to assemble two pilot locomotives in Spain.||11/14/2008|
|National Fuel Cell Bus Technology Development Program||Public Interest waiver for projects funded under the National Fuel Cell Bus Technology Development Program||08/08/2008|
|Alstom Transportation Inc.||
Non-availability waiver granted for Insulated Gate Bi-Polar Transistor (IGBT)
Non-availability waiver denied for Arpege Truck Axle Bridge
|Utah Transit Authority||Price-Differential waiver granted for steel rail||05/28/2008|
|Orion Bus Industries||Denial of non-availability component waiver for replacement GKN axles used on Orion II para-transit vehicles.||01/17/2006|
|CashCode||Non-availability component waiver given to CashCode for two years for the manufacture of a bill handling unit used in ticket vending machines.||10/11/2005|
|Valley Metro Rail||Denial of public interest waiver for foreign steel in bridge construction project. Although the required domestic steel became unavailable after contract award, where the contractor certified compliance, FTA regulations prohibit post-award waivers.||04/14/2005|
|North American Bus Industries||Denial of public interest and non-availability waiver for NABI Composite Bus. In March 2002, FTA had granted a two-year component waiver for the CompoBus shell. In seeking an extension of the waiver, NABI argued that it was financially unable to transfer manufacture of the CompoBus component from its facility in Hungary to its plant in the United States.||12/15/2004|
|ASK Contactless Technologies, Inc.||Denial of non-availability component waiver for OEM contactless smart card couplers.||12/03/2004|
|Chicago Transit Authority||Denial of public interest and non-availability waivers for foreign steel materials inadvertently included in construction project; concurrence that certain foreign manufactured items inadvertently included in project are permissible as subcomponents.||12/03/2004|
|Swecoin U.S., Inc.||Denial of non-availability component waiver for magnetic ticket printer/encoder.||11/29/2004|
|MEI||Non-availability component waiver given to MEI for two years for the manufacture of a bill handling unit to be used in farecard vending machines.||11/12/2004|
|SilverState Safety Image||Denial of non-availability component waiver for camera and monitor equipment used in video camera/surveillance systems.||10/11/2005|
|Webasto Product North America||Denial of non-availability component waiver for auxiliary heaters used on buses.||11/02/2004|
|Massachusetts Bay Transportation Authority||Explanation of Buy America requirements to grantee and Bomb Containment Trashcan manufacturer. Discussion of difference between Buy America and Buy American. 49 C.F.R. 661.5 and 661.15.||10/05/2004|
|Merrimack Valley Regional Transit Authority||Discussion of violations and remedies where contractor that certifies compliance purchases foreign materials. 49 C.F.R. 661.13 and 661.17.||10/05/2004|
|Orion||Request for non-availability waiver for axles on Orion II denied because Orion’s last waiver, which has now expired, applies to those vehicles.||09/10/2004|
|North American Bus Industries||Denial of non-availability waiver for use of the Hubner articulated joint.||09/08/2004|
|Sound Transit||Public interest waiver for two prototype light rail vehicles. The waiver allows for foreign final assembly of two vehicles; the U.S. content requirements have not been waived.||05/06/2004|
|DaimlerChrysler||Denial of a public interest and non-availability waiver requested for the chassis and drive train used in Sprinter cargo vans. The request was for four years and predicated on the argument that the parts are not available in the U.S.||04/07/2004|
|Intertran||Denial of public interest waiver for an underfloor wheel truing machine manufactured in France by Sculfort, Muller & Pesant. The request was for a specific Valley Metro Rail (VMR) procurement and/or for a period of two years. It was based on the argument that it is in the public interest to generate competition in the industry and in the VMR procurement.||04/06/2004|
|North American Bus Industries||Notice to NABI that its Composite Bus waivers expired on March 19, 2004. FTA also requested more information in response to NABI’s request for an extension of those waivers.||03/31/2004|
|Coin Acceptors||Non-availability component waiver given to Coin Acceptors for two years for the manufacture of coin acceptors used in mobile fare collection systems.||03/30/2004|
|JCM American||Non-availability component waiver given to JCM American for two years for the manufacture of a bill validator used in fare collection systems.||03/30/2004|
|Valley Metro Rail||Public interest waiver for two prototype vehicles. The waiver allows for foreign final assembly of two light rail vehicles; the U.S. content requirements have not been waived.||03/26/2004|
|Metro North Railroad||Denial of a public interest waiver for 20,000 feet of co-extruded, aluminum-steel composite rail, manufactured by Alcan Aluminum and Insul-8. FTA found that it was not in the public interest to forgo the Buy America regime in order to allow Insul 8 to bid as if it were a compliant bidder.||03/26/2004|
|SEPTA||Public interest waiver for three prototype vehicles for SEPTA. The waiver allows for foreign final assembly of these vehicles; the U.S. content requirements have not been waived.||12/16/2003|
|Sumitomo Corporation||Non-availability waiver request for transformers denied.||12/08/2003|
|Blue Bird Corporation||Denial of a public interest and non-availability waiver request for 40 "pilot" Ultra Low Mass Buses. The request was based on the argument that the vehicles are unique and unavailable from a U.S. source and it is in the public interest to make these innovative features available to FTA grantees.||12/02/2003|
|Cash Code||Non-availability component waiver given to Cash Code for two years for the manufacture of a bill handling unit to be used in farecard vending machines.||06/11/2003|
|KIC Holdings||Denial of a public interest waiver request from the KIC Holdings, a manufacturer of heavy-duty brake drums. The request was based on the argument that it was in the public interest to generate competition in the industry.||06/03/2003|
|North American Bus Industries||A non-availability waiver was given to NABI for the use of a foreign-manufactured articulating joint system in its low and standard floor buses. This waiver is valid until June 30, 2004, after which time Hubner, the manufacturer of the now foreign joint, will have relocated its manufacturing facilities to the U.S.||05/09/2003|
|Bay Area Rapid Transit||Denial of a public interest waiver request for the anticipated Oakland Airport Connector Project by BART. The request was based on the argument that it was in the public interest to generate competition for the procurement.||05/08/2003|
|New Flyer||A non-availability waiver to New Flyer for the use of a foreign-manufactured articulating joint system in its low floor buses. This waiver is valid until June 30, 2004, after which time a new domestically-manufactured joint will have undergone the necessary testing, and maker of the now foreign joint, will have relocated its manufacturing facilities to the U.S.||04/24/2003|
|Steril-Koni||Denial of request by Steril-Koni that FTA change its position on the revocation of a public interest waiver for the manufacture of heavy-duty parallelogram bus lifts. The waiver was for a period of two years or until such time as a second domestic source became available, whichever occurred first. FTA revoked the waiver because a second domestic source started manufacturing these lifts. Steril-Koni alleged that the second source, Mohawk, was not being truthful, and was not, in fact, manufacturing or selling these lifts. FTA’s review of the facts did not support this claim.||01/31/2003|
|Asahi Seiko||Non-availability component waiver given to Asahi Seiko for two years for the manufacture of a compact coin dispensing hopper to be used in farecard vending machines.||12/09/2002|
|Mars Electronics||Non-availability component waiver given to Mars Electronics for two years for the manufacture of a bill handling unit to be used in farecard vending machines.||12/10/2002|
|Toyocom||Non-availability component waiver given to Toyocom for two years for the manufacture of a bill processing unit to be used in farecard vending machines.||12/13/2002|
|Alcan Aluminum||Response to Alcan’s appeal of FTA denial of a non-availability waiver for co-extruded, aluminum-steel composite rail. The appeal was denied because there is a U.S. producer of aluminum core third rail with substantially the same performance characteristics as the Alcan product, and therefore, the product is available in the U.S. See also, July 23, 2001 decision.||12/02/2002|
|North American Bus Industries||Non-availability component waiver granted to NABI for installation of a foreign manufactured articulating joint system used in its low floor buses. This waiver is valid until April 24, 2003 and allows NABI to count the joint system as domestic for purposes of calculating domestic content.||08/09/2002|
|Orion Bus Industries||Non-availability component waiver granted to Orion for installation of a foreign axle for use in the Orion II paratransit vehicle. This waiver is valid for two years and allows Orion to count the foreign axle as domestic for purposes of calculating domestic content.||08/09/2002|
|Lane Transit District||Sole source Buy America waiver request denied for the purchase of BRT vehicles for Lane Transit District.||07/22/2002|
|Webasto Thermosystems, Inc. Teleflex Thermal Technology||Non-availability component waiver granted to Webasto Thermosystems, Inc., Teleflex Thermal Technology, and Espar Products for the manufacture of auxiliary heater to be used in bus heating systems and will allow vehicle manufacturers to count the auxiliary heater as domestic when calculating domestic content.||05/15/2002|
|North American Bus Industries (NABI)||FTA granted a public interest waiver for final assembly and a non-availability component waiver for the integrated frame/chassis to North American Bus Industries (NABI) for all solicitations entered within two years of the date of the letter for NABI’s Composite Bus, a lightweight, composite-structured vehicle with an integrated frame and chassis developed in line with FTA’s Advanced Technology Bus program.||03/19/2002|
|Metropolitan Transportation Authority||Public Interest waiver for 4 test trains for New York City Transit. The waiver allows for foreign final assembly of these test trains; the U.S. content requirements have not been waived.||03/28/2002|
|Teleflex||Denial of non-availability component waiver for Teleflex's auxiliary diesel-fired heater used in bus heating systems. There was no showing that the cost of this component would comprise a significant portion of the allowed 40 percent foreign component content and the regulations do not prohibit Teleflex, or the two other foreign manufacturers of this product, from entering the U.S. market.||09/28/2001|
|New Jersey Transit||Non-availability waiver for two prototype locomotives to be procured under a contract with Alstom Transportation Systems, Inc. NJT received two responsive and responsible offers to its Request for Proposals, both of which certified non-compliance with Buy America for the assembly of the prototype vehicles and compliance for the rest of the fleet.||09/19/2001|
|Alcan Aluminum||Non-availability waiver denied for co-extruded, aluminum-steel composite rail. See also, December 2, 2002 appeal decision.||07/23/2001|
|Alaska DOT||Public interest waiver given to the Alaska Marine Highway System for certain Fast Vessel Ferry components (marine diesel engines, waterjets, and reduction gears). The project is jointly funded with the Federal Highway Administration, and FHWA had previously granted Buy America waivers for these components.||07/16/2001|
|Frost, Brown, Todd, LLC||FTA granted a public interest component waiver to Steril-Koni for the manufacture of Omer heavy-duty parallelogram bus lifts. The waiver was for a period of two years or until such time as a second domestic source became available, whichever occurred first. It has come to FTA's attention that a second domestic manufacturer for such lifts, Mohawk Resources, has become available. Therefore, Steril-Koni's Buy America waiver has, by its own terms, expired.||07/03/2001|
|Tren Urbano||(1) The structural steel on the project is subject to the domestic origin requirements of 49 CFR 661.5(b) and (c) and it must be produced in the U.S. (2) The public interest waiver request is denied. (3) Tren Urbano is advised that the procurement of foreign steel constitutes a violation of the Buy America requirements that should be remedied promptly.||05/17/2001|
|Regional Transportation Commission of Southern Nevada (Las Vegas)||Sole source non-availability waiver for rolling stock, specifically for up to ten Irisbus Civis vehicle systems for use in a Bus Rapid Transit (BRT) demonstration project in Clark County.||09/25/2000|
|New Flyer of America||Non-availability component waiver granted to New Flyer for installation of a foreign manufactured articulating joint system used in its low floor buses. This waiver is valid for two years and allows New Flyer to count the joint system as domestic for purposes of calculating domestic content.||04/24/2001|
|Port Authority of Allegheny County||Public interest waiver for two remanufactured and new new prototype LRVs. The waiver allows for foreign final assembly of these prototype vehicles, the U.S. content requirements have not been waived.||02/01/2001|
|WMATA||Price differential waiver for rubber isolator pads for use in the Floating Slab Retrofit Program.||10/12/2000|
|Giesecke & Devrient||Non-availability component waiver given to G&D for two years for the manufacture of a bill handling unit to be used in farecard vending machines.||07/21/2000|
|Mars Electronics||Non-availability component waiver given to Mars for two years for the manufacture of a bill handling unit to be used in farecard vending machines.||07/21/2000|
|MBTA||Non-availability waiver for rolling stock, specifically for 62 Neoplan buses.||06/12/2000|
|King County DOT||Sole source non-availability waiver for M.A.N. bus replacement parts.||04/14/2000|
|Muni||Response to request for a public interest waiver for three prototype vehicles.||02/01/2000|
|Metro-North Railroad||Non-availability waiver for scissor lifts. The waiver was based upon the fact that there were no domestic bids.||12/17/1999|
|Chicago DOT||Denial of public interest waiver request for two structural steel beams. Prime contractor certified compliance with Buy America and after bid award, discovered that the beams were not readily available from a U.S. source.||12/14/1999|
|Missouri DOT||Public interest waiver of final assembly requirements for 59 Dodge Minivans.||12/14/1999|
|WMATA||Public interest waiver for second married pair of prototype vehicles.||11/17/1999|
|WMATA||Price differential waiver for hollow axles for use in the Rhor Railcars.||11/24/1999|
|SEPTA||Non-availability waiver for bearings for drive unit for high speed line cars. The waiver was based upon the fact that there were no domestic bids.||11/12/1999|
|WMATA||Non-availability waiver for 182 batteries for Breda railcars. The waiver was based upon the fact that there were no domestic bids.||10/29/1999|
|Sacramento Regional Transit Authority||Denial of public interest waiver request for a second prototype CAF vehicle. See below.||10/20/1999|
|Sacramento Regional Transit Authority||Public interest waiver of the final assembly requirements for one CAF prototype vehicle. See above.||08/12/1999|
|MARTA||Public interest waiver for the final assembly requirements for two married pairs of prototype Breda railcars.||08/20/1999|