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FTA Oversight Procedures - Federal Transit Administration - U.S. ...

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waiver is requested are not produced in the United States in sufficient and reasonably<br />

available quantities and of a satisfactory quality in certain circumstances, or that the<br />

inclusion of a domestic item or domestic material will increase the cost of the contract<br />

between the grantee and its supplier of that item or material by more than 25 percent. 4<br />

All waivers must be approved by the <strong>FTA</strong> Administrator or his designee.<br />

In addition to the requirements outlined above, a recipient purchasing revenue service<br />

rolling stock must conduct or cause to be conducted a pre-award and post-delivery audit<br />

as prescribed in 49 CFR Part 663.<br />

a) “Final Assembly is the creation of the end product from different elements<br />

brought together for that purpose through the application of manufacturing<br />

processes.” 5<br />

b) The minimum requirements for final assembly differ for bus and rail vehicles. 6<br />

• Most heavy duty transit bus manufacturers use a two-stage manufacturing<br />

process in which buses are partially built abroad and then finalized in the U.S.<br />

• For these 2-stage manufacturing processes, <strong>FTA</strong> no longer requires that bus<br />

manufacturers install certain bus components and subcomponents in the U.S.,<br />

and allow installations abroad which have been shown to be helpful to<br />

maintaining structural integrity of bus frames shipped to the U.S.<br />

• For that reason, <strong>FTA</strong> excludes doors, windows, axles and/or wheels, brakes<br />

and subcomponents from Buy America provisions.<br />

c) With regard to rail vehicles, however, domestic final assembly operations, at a<br />

minimum, must include the installation and interconnection of propulsion control<br />

and cooling equipment, brake equipment, power sources for auxiliaries and<br />

controls, HVAC, communications equipment, bogie/truck assemblies (including<br />

axles, frames, motors, suspension, and wheels), and factory functional tests on the<br />

vehicles in order to qualify for Buy America.<br />

This <strong>Oversight</strong> Procedure, document OP26A, is one of a suite of documents covering all<br />

aspects of the various duties and responsibilities of the PMOC, in support of Capital<br />

procurements. See <strong>FTA</strong> <strong>Oversight</strong> <strong>Procedures</strong>, listed below, for relevant information.<br />

• OP 01 Administrative Conditions and Requirements<br />

• OP 12 Recurring <strong>Oversight</strong> and Related Reports (Periodic, Trip, Quarterly, Final)<br />

• OP 20 Project Management Plan Review<br />

2.2 <strong>FTA</strong>’s Buy America Requirements<br />

4 49 CFR 661.7.<br />

5 49 CFR 661.11(r).<br />

6 Appendix D to 49 CFR 661.11.<br />

OP26A Buy America Review<br />

Revision 0, June 2008<br />

Page 2 of 14

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