FTA Oversight Procedures - Federal Transit Administration - U.S. ...
FTA Oversight Procedures - Federal Transit Administration - U.S. ...
FTA Oversight Procedures - Federal Transit Administration - U.S. ...
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5.0 PMOC REVIEW OF PROJECT SPONSOR SUBMITTALS<br />
5.1 Specification.<br />
For Pre-Award Requirements Reviews, The PMOC must review the specification to assure there<br />
are no requirements that will impact the ability of the supplier to achieve Buy America<br />
compliance.<br />
5.1.1 The review will include assurance that the specification includes the most up-to-date <strong>FTA</strong><br />
approved and current wording requiring compliance with Buy America<br />
(1) PMOCs are advised to consult the <strong>FTA</strong> Website 9 for recent changes in<br />
<strong>Federal</strong> laws governing Buy America, as the laws are under current<br />
and regular review for applicability and change.<br />
(2) The PMOC should proactively encourage the Sponsor to include requirement for an<br />
intermediate Buy America audit in the specification, which is recommended for the<br />
midpoint of the production contract.<br />
5.1.2 The PMOC must pay close attention to the pre-award audit report and follow or pursue<br />
any major changes that the supplier may have made that could possibly have adversely affected<br />
compliance.<br />
(1) Example of a change that might adversely impact Buy America compliance would be<br />
closing of a U.S. vendor (or other factors leading to unavailability of needed<br />
components or equipment) necessitating change to a new vendor, in order to avoid<br />
schedule delays and/or contract default and related liquidated damages.<br />
5.2 Examinations to confirm Buy America Compliance:<br />
The PMOC is responsible for reviewing and reporting on the audit report and should examine the<br />
Sponsor’s certifications and supporting documents, with all due diligence. Attention shall be<br />
focused on assuring the Sponsor’s Buy America experts have “drilled down” to the lowest level<br />
required, in order to demonstrate that the 60% rule has been followed and the content claimed is<br />
valid.<br />
5.2.1 The PMOC shall pay special attention to any areas where the content is marginal or<br />
comes close to the 60% requirement.<br />
5.2.2 The PMOC shall assure that the vehicle fabrication requirements are/were met, and<br />
where there is doubt (for instance where major sub-assemblies are made out-of-country<br />
but incorporated into the domestic vehicle build cycle), that these concerns are effectively<br />
identified and brought to Sponsor’s attention for clarification.<br />
9 www.fta.dot/laws and search for 49 CFR 661 and 663 for updates.<br />
OP26A Buy America Review<br />
Revision 0, June 2008<br />
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