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Introduction

The Federal Transit Act authorizes the Secretary of Transportation to provide assistance for the development of comprehensive and coordinated public and private mass transportation systems. The Act allows the Federal Transit Administration (FTA) to obligate Federal funds to mass transportation service providers for purchasing buses used to carry passengers in mass transit service. Recipients of these funds must comply with several Federal regulations, one of which is the Pre-Award and Post-Delivery Rule. If the FTA determines that the purchaser is not in compliance with the Rule, funding for the purchase may be jeopardized.

There are two parts to the Rule: the pre-award review and post-delivery review. The pre-award review is intended to help the recipient ensure that the proposed buses will meet (1) Buy America regulations, (2) the recipient’s needs and specifications, and (3) the Federal Motor Vehicle Safety Standards (FMVSS) regulations. The post-delivery review is intended to help the recipient ensure that the delivered buses meet the above stipulations.

This manual provides guidance to recipients of Federal funds to help demonstrate compliance with (1) the pre-award review requirements before entering into a contract with a bus manufacturer and (2) the post-delivery review requirements before the title of the bus is transferred to the recipient.

Section One describes the requirements of the Pre-Award and Post-Delivery Rule. It details which certifications and documents are needed to support the procurement process — from issuance of the solicitation to title transfer. Sections Two and Three suggest procedures that the recipient may follow when conducting the pre-award and post-delivery reviews, respectively. The fourth section provides examples of Buy America calculations and suggests other activities to help the recipient conduct the reviews. Section Five provides responses to frequently asked questions concerning the Rule. The five appendices at the end of this manual provide samples of review certifications, lists of typical bus components, Buy America waivers, sample visual inspection and road test sheets, and a list of FTA offices, respectively.

Exhibit I-1 on the following page summarizes the content of each review and the certifications required for the review. The exhibit also indicates where each topic can be found in this manual. Recipients may use this exhibit as a checklist to track the completion of each review.

BUS:__________________________________________________
CONTRACT NO.:________________________________________________


Pre-Award Review

(Before signing a contract with a supplier)

Buy America Certification (Page 2-1)

  1. Reviewed and Verified 60 Percent Domestic Content; AND

    Reviewed and Verified Proposed U.S. Final Assembly Location, Operations, and Total Cost

    OR

  2. Requested and Received Buy America Waiver

Purchaser’s Requirements Certification (Page 2-5) (Page 2-5)

  1. Checked Bid Specification Compliance With Solicitation Specifications;

    AND

    Completed Manufacturer Capability Study

FMVSS Certification (Page 2-7)

Requested and Received Manufacturer’s Letter Stating:

  1. The Information to be Included on the FMVSS Stickers

    OR

  2. The Buses Are Not Subject to FMVSS
Post-Delivery Review

(Before using the buses in transit service)

Buy America Certification (Page 3-1)

  1. Reviewed and Verified 60 Percent Domestic Content;

    AND

    Reviewed and Verified Actual U.S. Final Assembly Location, Operations, and Total Cost

    OR

  2. Requested and Received Buy America Waiver

Purchaser’s Requirements Certification (Page 3-6)

  1. For Procurements of More Than Ten Buses or Modified Vans

    • Completed Resident Inspector's Report;

      AND

    • Completed Visual Inspections and Road Tests

OR

  1. For Procurements of Ten or Fewer Buses or Modified Vans, and any Number of Unmodified Vans
    • Completed Visual Inspections and Road Tests

FMVSS Certification (Page 3-9)

  1. Verified FMVSS Sticker is Affixed to Each Bus

    OR

  2. Requested and Received Manufacturer’s Letter Stating That the Buses Are Not Subject to FMVSS

Note: All certifications must be kept on file. Supporting documentation should accompany each certification.

Exhibit I-1. Pre-Award and Post-Delivery Review
Requirements and Checklist

Updated: Wednesday, March 16, 2016
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