Planning Communities, LLC 1/27/2023

Federal Transit Administration Clauses 4 3. BONDING REQUIREMENTS – NOT APPLICABLE 4. BUS TESTING -NOT APPLICABLE The Bus Testing requirements pertain only to the purchase or lease of any new bus model, or any bus model with a major change in configuration or components to be acquired or leased with funds obligated by FTA. Recipients are responsible for determining whether a vehicle to be acquired requires full or partial testing or has already satisfied the bus testing requirements by achieving a passing test score in accordance with 49 C.F.R. part 665. Recipients must certify compliance with FTA’s bus testing requirements in all grant applications for FTA funding for bus procurements. 5. BUY AMERICA REQUIREMENTS – OVER 150K (For Procurements Over 150K). This clause flows down and extends to all first-tier contractors and their contracts. It must be included in every first-tier contract. The contractor agrees to comply with 49 U.S.C 5323(j) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11. 6. BUILD AMERICA, BUY AMERICA ACT This clause flows down and extends to all first-tier contractors and their contracts. It must be included in every first-tier contract. The contractor agrees to comply with the Build America, Buy America Act. Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). A. All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; B. All manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and C. All construction materials* are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.