DOT 49 CFR PART 663-2010 PRE-AWARD AND POSTDELIVERY AUDITS OF ROLLING STOCK PURCHASES.pdf
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1、503 Federal Transit Admin., DOT Pt. 663 661.17 Failure to comply with certifi-cation. If a successful bidder or offeror fails to demonstrate that it is in compliance with its certification, it will be re-quired to take the necessary steps in order to achieve compliance. If a bidder or offeror takes
2、these necessary steps, it will not be allowed to change its original bid price or the price of its final offer. If a bidder or offeror does not take the necessary steps, it will not be awarded the contract if the con-tract has not yet been awarded, and it is in breach of contract if a contract has b
3、een awarded. 71 FR 14118, Mar. 21, 2006 661.18 Intentional violations. A person shall be ineligible to receive any contract or subcontract made with funds authorized under the Federal Public Transportation Act of 2005 pur-suant to part 29 of this title if it has been determined by a court or Federal
4、 agency that the person intentionally (a) Affixed a label bearing a Made in America inscription, or an inscription with the same meaning, to a product not made in the United States, but sold in or shipped to the United States and used in projects to which this section applies, or (b) Otherwise repre
5、sented that any such product was produced in the United States. 61 FR 6303, Feb. 16, 1996, as amended at 72 FR 53698, Sept. 20, 2007 661.19 Sanctions. A willful refusal to comply with a certification by a successful bidder or offeror may lead to the initiation of de-barment or suspension proceedings
6、 under part 29 of this title. 71 FR 14118, Mar. 21, 2006 661.20 Rights of parties. (a) A party adversely affected by an FTA action under this subsection shall have the right to seek review under the Administrative Procedure Act (APA), 5 U.S.C. 702 et seq. (b) Except as provided in paragraph (a) of t
7、his section, the sole right of any third party under the Buy America provision is to petition FTA under the provisions of 661.15 of this part. No third party has any additional right, at law or equity, for any remedy includ-ing, but not limited to, injunctions, damages, or cancellation of the Federa
8、l grant or contracts of the grantee. 71 FR 14118, Mar. 21, 2006 661.21 State Buy America provisions. (a) Except as provided in paragraph (b) of this section, any State may im-pose more stringent Buy America or buy national requirements than con-tained in section 165 of the Act and the regulations in
9、 this part. (b) FTA will not participate in con-tracts governed by the following: (1) State Buy America or Buy Na-tional preference provisions which are not as strict as the Federal require-ments. (2) State and local Buy National or Buy America preference provisions which are not explicitly set out
10、under State law. For example, administrative interpretations of non-specific State legislation will not control. (3) State and local Buy Local pref-erence provisions. PART 663PRE-AWARD AND POST- DELIVERY AUDITS OF ROLLING STOCK PURCHASES Subpart AGeneral Sec. 663.1 Purpose. 663.3 Scope. 663.5 Defini
11、tions. 663.7 Certification of compliance to FTA. 663.9 Audit limitations. 663.11 Audit financing. 663.13 Buy America requirements. 663.15 Compliance. Subpart BPre-Award Audits 663.21 Pre-award audit requirements. 663.23 Description of pre-award audit. 663.25 Pre-award Buy America certification. 663.
12、27 Pre-award purchasers requirements certification. Subpart CPost-Delivery Audits 663.31 Post-delivery audit requirements. 663.33 Description of post-delivery audit. 663.35 Post-delivery Buy America certifi-cation. 663.37 Post-delivery purchasers require-ments certification. VerDate Mar2010 10:10 De
13、c 13, 2010 Jkt 220218 PO 00000 Frm 00513 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-504 49 CFR Ch. VI (10110 Edition) 663.1 663.39 Post-delivery audit review. Subpart DC
14、ertification of Compliance With or Inapplicability of Federal Motor Vehicle Safety Standards 663.41 Certification of compliance with Fed-eral motor vehicle safety standards. 663.43 Certification that Federal motor ve-hicle standards do not apply. AUTHORITY: 49 U.S.C. 1608(j); 23 U.S.C. 103(e)(f); Pu
15、b. L. 96184, 93 Stat. 1320; Pub. L. 101551, 104 Stat. 2733; sec. 3023(m), Pub. L. 10959; 49 CFR 1.51. SOURCE: 56 FR 48395, Sept. 24, 1991, unless otherwise noted. Subpart AGeneral 663.1 Purpose. This part implements section 12(j) of the Federal Mass Transit Act of 1964, as amended, which was added b
16、y sec-tion 319 of the 1987 Surface Transpor-tation and Uniform Relocation Assist-ance Act (Pub. L. 10017). Section 12(j) requires the Federal Transit Adminis-tration, by delegation from the Sec-retary of Transportation, to issue regu-lations requiring pre-award and post- delivery audits when a recip
17、ient of Federal financial assistance purchases rolling stock with funds made avail-able under the Federal Mass Transit Act, as amended. 663.3 Scope. This part applies to a recipient pur-chasing rolling stock to carry pas-sengers in revenue service with funds made available under sections 3, 9, 18, a
18、nd 16(b)(2) of the Federal Mass Transit Act, as amended; 23 U.S.C. 103(e)(4); and section 14 of the National Capital Transportation Act of 1969, as amend-ed. 663.5 Definitions. As used in this part (a) Pre-award means that period in the procurement process before the re-cipient enters into a formal
19、contract with the supplier. (b) Post-delivery means the time pe-riod in the procurement process from when the rolling stock is delivered to the recipient until title to the rolling stock is transferred to the recipient or the rolling stock is put into revenue service, whichever is first. (c) Recipie
20、nt means a recipient of Federal financial assistance from FTA. (d) Revenue service means operation of rolling stock for transportation of fare- paying passengers as anticipated by the recipient. (e) Rolling stock means buses, vans, cars, railcars, locomotives, trolley cars and buses, ferry boats, an
21、d vehicles used for guideways and incline planes. (f) Audit means a review resulting in a report containing the necessary cer-tifications of compliance with Buy America standards, purchasers re-quirements specifications, and, where appropriate, a manufacturers certifi-cation of compliance with or in
22、applica-bility of the Federal Motor Vehicle Safety Standards, required by section 319 of STURAA and this part. (g) FTA means the Federal Transit Administration. 663.7 Certification of compliance to FTA. A recipient purchasing revenue serv-ice rolling stock with funds obligated by FTA on or after Oct
23、ober 24, 1991, must certify to FTA that it will con-duct or cause to be conducted pre- award and post-delivery audits as pre-scribed in this part. In addition, such a recipient must maintain on file the certifications required under subparts B, C, and D of this part. 663.9 Audit limitations. (a) An
24、audit under this part is lim-ited to verifying compliance with (1) Applicable Buy America require-ments section 165 of the Surface Transportation Assistance Act of 1982, as amended,; and (2) Solicitation specification require-ments of the recipient. (b) An audit under this part includes, where appro
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