The Pre-Award and Post-Delivery Rule requires recipients to certify that pre-award and post-delivery reviews will be conducted when using FTA-appropriated funds to purchase revenue service rail vehicles. A sample certification is provided in Section 5, Exhibit 5-1 of this manual.
This section details the pre-award and post-delivery review requirements for rail vehicles.
The pre-award review is required before a recipient may enter into a formal contract with a supplier. The review period begins after the recipient issues the solicitation and ends before the recipient signs a formal contract with the selected manufacturer.
The review requires the recipient to complete two certificationsóthe Buy America certification, and the purchaserís requirements certification. Both certifications must be kept in the recipientís files for future FTA reviews.
For the Buy America certification process, the recipient must:
Verify that (1) the rail vehicles will contain a minimum of 60 percent domestic products, by cost, and (2) final assembly of the rail vehicles will take place in the United States
Obtain, from the FTA, a copy of the waiver letter exempting the rail vehicles from the Buy America requirements.
For the purchaserís requirements certification, the recipient must verify that:
The manufacturerís bid specifications are in compliance with the recipientís solicitation specifications
The proposed manufacturer is responsible and capable of building the rail vehicle to the recipientís solicitation specifications.
A post-delivery review must be completed before a rail vehicle title is transferred to the recipient, or before a rail vehicle is placed into revenue service, whichever is first. The review period begins when the recipient signs a formal contract with the selected manufacturer and ends before title transfer or use in service.
As with the pre-award review, the recipient must complete two certificationsóthe Buy America certification, and the purchaserís requirements certification. Again, both certifications must be kept in the recipientís files for future FTA reviews.
The Buy America certification process is similar to that completed during the pre-award review, with the exception that the review now reflects information based on the actual rail vehicles versus the proposed rail vehicles. The post-delivery purchaserís requirements certification process is different from the pre-award purchaserís requirements certification process.
For the purchaserís requirements certification, the recipient must:
Complete visual inspections and performance tests to demonstrate that the rail vehicles meet the contract specifications
Send a resident inspector to the manufacturerís production facility during the final assembly period to (1) monitor the final assembly process and (2) complete a final report describing the construction activities and explaining how the construction and operation of the rail vehicles fulfill the contract specifications.