Waivers and Decision Letters


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Certification Error


NameDescriptionDate
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.

07/01/2011
Universal Security Systems

FTA granted Universal Security Systems' request to correct its Buy America certificate from non-compliance to compliance.

06/24/2011
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

Final Assembly


NameDescriptionDate
AutoAbility, LLC

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.

06/25/2014
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.

05/22/2012
Miami-Dade Transit

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.

04/02/2012
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.

08/11/2009
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

Guidance


NameDescriptionDate
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.

07/11/2014
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.

04/30/2014
Allison Transmission

FTA determined that Otis Elevator Company’s escalator manufacturing processes are sufficient to meet FTA’s Buy America requirements.

08/23/2013
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.

08/21/2013
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.

08/08/2013
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.

06/20/2013
KONE Inc.

Letter of Interpretation-KONE Inc.'s Escalator Manufacturing Process

04/09/2012
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.

11/16/2011
Golden Gate Bridge, Highway & Transportation District

Applicability of Buy America provisions to planned ferry boat rebuild.

03/22/2012
New Starts Working Group

FTA responds to inquiry about the application of Buy America rules to uility relocation contracts.

09/07/2012
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.

03/19/2012
Kansas City Area Transportation Authority

Application of FTA's Buy America to traffic signal improvements within the City's Green Impact Zone.

06/08/2011
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.

09/26/2011
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.

09/07/2012
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.

12/07/2010
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.

12/07/2010
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.

11/07/2008
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

Investigations


NameDescriptionDate
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:


1. METRO and CAF violated FTA's Buy America requirements. This began with METRO's release of a Request for Proposals (RFP) that stated FTA's Buy America requirements did not apply to the procurement; continued with METRO's unsupported evaluation of the various offeror's Buy America compliance, including the Certificate of Compliance submitted by CAF; and culminated with METRO's decision not to require CAF to meet its contractually mandated Buy America obligations and to circumvent the Buy America requirements by entering into a separate, locally funded contract with CAF
for the pilot vehicles;

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.

09/03/2010
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.
09/07/2010
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.

04/23/2010
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
ArvinMeritor

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). 

04/17/2009
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


NameDescriptionDate
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

Waivers


NameDescriptionDate
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.

06/17/2014
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.

05/06/2014
Allison Transmission

FTA denied Allison Transmission’s request for another non-availability waiver for the Energy Storage Unit subsystem used in its hybrid-electric propulsion system.

04/22/2014
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.

03/21/2014
North Front Range Metropolitan Planning Organization (NFRMPO)

FTA granted NFRMPO a non-availability waiver for seven-passenger minivans for its VanGo Vanpool Program.

11/27/2013
Metro-North Railroad

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.

07/05/2013
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.

03/27/2013
Nextek Corporation

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.

03/15/2013
Massachusetts Bay Transportation Authority

FTA granted a non-availability waiver for the procurement of journal bearings.

10/20/2011
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.

08/03/2011
Volvo Bus Corporation -- Prevost Coach

FTA denied a request for a public interest waiver for motor coache manufactured in Canada by Prevost Coach.

03/16/2011
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.

05/04/2009
Houston METRO

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.

04/14/2009
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.

04/03/2009
Asahi Seiko

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.

02/25/2009
MEI

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.

02/23/2009
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

07/18/2008
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