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Federal Transit Administration Clauses <br /> <br />4 <br /> <br />3. BONDING REQUIREMENTS (NOT APPLICABLE) <br />4. BUS TESTING (NOT APPLICABLE) <br />5. BUY AMERICA REQUIREMENTS (NOT APPLICABLE) <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 provide that Federal <br />funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects <br />are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a <br />general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are <br />set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11. <br />6. BUILD AMERICA, BUY AMERICA ACT (NOT APPLICABLE) <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 the Build America, Buy America Act. Construction materials used in <br />the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. <br />L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and <br />Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement is <br />neither a waiver of § 70914(a) nor a finding under § 70914(b). <br />A. All iron and steel used in the project are produced in the United States – this means all manufacturing <br />processes, from the initial melting stage through the application of coatings, occurred in the United <br />States; <br />B. All manufactured products used in the project are produced in the United States—this means the <br />manufactured product was manufactured in the United States; and the cost of the components of the <br />manufactured product that are mined, produced, or manufactured in the United States is greater than <br />55 percent of the total cost of all components of the manufactured product, unless another standard for <br />determining the minimum amount of domestic content of the manufactured product has been <br />established under applicable law or regulation; and <br />C. All construction materials* are manufactured in the United States—this means that all manufacturing <br />processes for the construction material occurred in the United States. <br />*Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate <br />binding agents or additives. <br />The Buy America preference only applies to articles, materials, and supplies that are consumed in, <br />incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and <br />supplies, such as temporary scaffolding, brought to the construction site and removed at or before the <br />completion of the infrastructure project. Nor does a Buy America preference apply to equipment and <br />furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the <br />finished infrastructure project, but are not an integral part of the structure or permanently affixed to the <br />infrastructure project. RFP