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(5) To provide PMOCs with recommended actions and recommendations for how to<br />

direct Sponsors when manufacturers are found to be deficient in Buy America or<br />

other related requirements.<br />

(6) To provide PMOCs with clear definitions for final assembly sites along with tangible<br />

information and references to <strong>FTA</strong> regulations that will allow them to accurately<br />

evaluate Buy America audit results for compliance.<br />

(7) To provide PMOCs with specific recommendations to ensure timely intervention<br />

when there are indications that Buy America might not be met or the Sponsor’s audit<br />

is inadequate.<br />

(8) To provide PMOCs with recommended actions where <strong>FTA</strong> intervention is required,<br />

when Buy America audits uncover deficiencies, and provide reporting protocols to be<br />

adopted.<br />

4.0 REFERENCES<br />

To maintain focus, and because Buy America and related requirements differ only<br />

slightly between bus and rail, the review processes described in this <strong>Oversight</strong> Procedure<br />

are intended to apply to both bus and rail procurements. Clarifications will be provided,<br />

as required, when specific issues or requirements must be considered separately for bus<br />

or rail procurements.<br />

4.1 Pre-Award Requirements for Bus & Rail Buy America and related provisions.<br />

4.1.1 Pre-Award Buy America Review:<br />

(1) The PMOC must confirm that Grantee’s/Sponsors have certified through Pre-award<br />

reviews that procurement of new revenue service buses, rail vehicles, and vans, with<br />

<strong>FTA</strong> appropriated funds are Buy America compliant.<br />

(2) Pre-award review is required, before a Grantee/Sponsor can enter into a formal<br />

contract with a manufacturer.<br />

(3) The review period begins when the Grantee/Sponsor issues the solicitation and ends<br />

before the Grantee/Sponsor signs a formal contract with the selected manufacturer.<br />

(4) The PMOC must confirm that for Bus and Van procurements, the Grantee/Sponsor<br />

has completed 3-certifications in this Pre-award process. All three certifications must<br />

be kept together in the Grantee’s/Sponsor’s files for future <strong>FTA</strong> reviews.<br />

• Buy America certification<br />

• <strong>Federal</strong> Motor Vehicle Safety Standards (FMVSS) certification<br />

• Purchaser’s Requirements certification<br />

OP26A Buy America Review<br />

Revision 0, June 2008<br />

Page 4 of 14

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