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Federal Transit Administration Clauses <br /> 5. BUY AMERICA REQUIREMENTS <br /> (Over 150K) Add Certification to Forms section. <br /> This clause flows down and extends to all first-tier contractors and their contracts. It must be included in <br /> every first-tier contract. <br /> The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which providethat <br /> Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded <br /> projects are produced in the United States, unless a waiver has been granted by FTA or the product is <br /> subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for <br /> rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11. <br /> 6. CARGO PREFERENCE REQUIREMENTS <br /> a. Cargo Preference-Use of United States-Flag Vessels <br /> Include for all contracts in which ocean vessel is used to transport. <br /> The contractor agrees: <br /> to use privately owned United States-Flag commercial vessels to ship at least 50 percentof the <br /> gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) <br /> involved, whenever shipping any equipment, material, or commoditiespursuant to the <br /> underlying contract to the extent such vessels are available at fair and reasonable rates for <br /> United States-Flag commercial vessels; <br /> ii. to furnish within 20 working days following the date of loading for shipments originatingwithin <br /> the United States or within 30 working days following the date of loading for shipments <br /> originating outside the United States, a legible copy of a rated, "on-board" commercial ocean <br /> bill-of-lading in English for each shipment of cargo described in the preceding paragraph to <br /> the Division of National Cargo, Office of Market Development, Maritime Administration, <br /> Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a <br /> subcontractor's bill-of-lading.); and <br /> iii. to include these requirements in all subcontracts issued pursuant to this contract when the <br /> subcontract may involve the transport of equipment, material, or commodities by ocean vessel. <br /> 7. CHARTER SERVICE (NOT APPLICABLE) <br /> The Charter Bus requirements apply to contracts for operating public transportation service. <br /> 8. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Over <br /> 150K) <br /> This clause flows down and extends to all third-party contractors and their contracts. It must be included <br /> in every tier contract. <br /> 6 <br />