Buy America Handbook; Conducting Pre-Award and Post-Delivery Audits for Rolling Stock Procurements, 34487-34489 [2015-14711]
Download as PDF
Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices
and Agreement and to that end, may
consider matters properly before the
Board.
FOR FURTHER INFORMATION CONTACT: Mr.
Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at
(505) 827–4565.
Issued on: June 9, 2015.
Larry W. Minor,
Associate Administrator, Office of Policy,
Federal Motor Carrier Safety Administration.
[FR Doc. 2015–14919 Filed 6–12–15; 4:15 pm]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2015–0020]
Buy America Handbook; Conducting
Pre-Award and Post-Delivery Audits
for Rolling Stock Procurements
AGENCY:
Federal Transit Administration,
DOT.
Notice of Availability of
Proposed Handbook and Request for
Comments.
ACTION:
The Federal Transit
Administration (FTA) has placed in the
docket and on its Web site proposed
guidance, in the form of a handbook, on
complying with FTA’s Buy America
pre-award and post-delivery audit
requirements for rolling stock
procurements, from the solicitation
phase through final acceptance of the
rolling stock. This proposed guidance
explains and illustrates how to calculate
domestic content of rolling stock, and it
is intended for use by recipients of
Federal funding, auditors,
manufacturers, and suppliers (including
subcontractors).
This proposed guidance explains to
recipients how to verify and document
their compliance with FTA’s Buy
America pre-award and post-delivery
audit requirements. In addition, this
proposed guidance encourages
recipients, manufacturers, and suppliers
to adopt certain best practices to ensure
compliance with the pre-award and
post-delivery audit requirements. By
this notice, FTA invites public comment
on this proposed guidance.
DATES: Comments must be submitted by
August 17, 2015. Late-filed comments
will be considered to the extent
practicable.
ADDRESSES: Please submit your
comments by only one of the following
methods, identifying your submission
by DOT Docket Number FTA–2015–
0020. All electronic submissions must
be made to the U.S. Government
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
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electronic site at https://
www.regulations.gov.
(1) Federal e-Rulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
(2) Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
(3) Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., between
9 a.m. and 5 p.m. Eastern time, Monday
through Friday, except Federal holidays.
(4) Fax: 202–493–2251.
Instructions: You must include the
agency name (Federal Transit
Administration) and Docket number
(FTA–2015–0020) for this notice at the
beginning of your comments. Submit
two copies of your comments if you
submit them by mail. For confirmation
that FTA received your comments,
include a self-addressed stamped
postcard. All comments received will be
posted without change to
www.regulations.gov including any
personal information provided and will
be available to internet users. You may
review DOT’s complete Privacy Act
Statement published in the Federal
Register on April 11, 2000 (65 FR
19477) or https://DocketsInfo.dot.gov.
Docket: For access to the docket to
read background documents and
comments received, go to
www.regulations.gov at any time or to
the U.S. Department of Transportation,
1200 New Jersey Avenue SE., Docket
Operations, M–30, West Building
Ground Floor, Room W12–140,
Washington, DC 20590 between 9:00
a.m. and 5:00 p.m. Eastern Standard
Time, Monday through Friday, except
Federal holidays.
For
program questions, contact Patrick
Centolanzi, FTA Office of Program
Management, at (202) 366–0234 or
Patrick.Centolanzi@dot.gov. For legal
questions, contact Richard L. Wong,
FTA Attorney-Advisor, at (202) 366–
4011 or Richard.Wong@dot.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Section-by-Section Summary
A. Section 1—Introduction
B. Section 2—Pre-Award Audit
C. Section 3—Post-Delivery Audit
D. Section 4—Domestic Content
Calculations
E. Section 5—Frequently Asked Questions
F. Appendices
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I. Overview
The FTA’s objective in implementing
49 CFR part 661 (Buy America
Requirements) and 49 CFR part 663
(Pre-Award and Post-Delivery Audits of
Rolling Stock Purchases) is to support
and promote the United States (U.S.)
manufacturing industry and U.S. jobs.
As guidance on the pre-award and postdelivery audit requirements for rolling
stock procurements, FTA published two
separate Buy America handbooks in
May 1995—i.e., one for rail vehicle
procurements and one for bus
procurements.
Over the past three years, FTA has
conducted Buy America Compliance
Reviews, where they observed and
monitored the pre-award and postdelivery audit processes for fourteen
capital grants. One primary finding was
that FTA should provide more guidance
and clarity on conducting pre-award
and post-delivery Buy America audits
required in FTA’s Buy America
regulations (49 CFR parts 661 and 663).
The FTA is proposing to publish a
new Buy America handbook, entitled
Conducting Pre-Award and PostDelivery Audits for Rolling Stock
Procurements (Handbook), which would
replace FTA’s two Buy America
handbooks on this subject from 1995.
The proposed Handbook would apply
comprehensively to rolling stock
procurements that are subject to the preaward and post-delivery audit
requirements set forth in 49 CFR part
663.
This notice provides a section-bysection summary of the proposed
Handbook. The proposed Handbook
itself is not included in this notice;
instead, an electronic version may be
found on FTA’s Web site, at
www.fta.dot.gov, and in the docket, at
www.regulations.gov. Paper copies of
the proposed Handbook may be
obtained by contacting FTA’s
Administrative Services Help Desk at
(202) 366–4865. The FTA seeks
comment on the proposed Handbook.
II. Section-by-Section Summary
A. Section 1—Introduction
Section 1 of the proposed Handbook
is an introductory chapter that provides
a brief overview of the pre-award and
post-delivery audit requirements set
forth in 49 CFR parts 661 and 663,
summarizes the contents of each
subsequent section, and includes lists of
relevant legal references, definitions,
and acronyms.
This section states that the purpose of
the proposed Handbook is to assist
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Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices
recipients,1 auditors, manufacturers,
and suppliers (including subcontractors)
in understanding and correctly applying
FTA’s Buy America pre-award and postdelivery audit requirements for rolling
stock procurements. This section sets
forth the scope of the proposed
Handbook, explaining that FTA’s Buy
America regulations and rulings shall
take precedence over the contents of the
proposed Handbook in the event of a
conflict, and specifying that this new
comprehensive Handbook would
replace FTA’s two handbooks on this
subject, one for rail vehicles and one for
buses, which FTA published in 1995.
The FTA seeks comment on the
content of this section.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
B. Section 2—Pre-Award Audit
Section 2 describes the pre-award
audit requirements set forth in 49 CFR
663.21–27 and explains that the
recipient must ensure that the preaward audit is complete before the
recipient enters into a formal contract
for the purchase of rolling stock.
Pursuant to 49 CFR 663.23, the preaward audit must include: A Pre-Award
Buy America Certification, a Pre-Award
Purchaser’s Requirements Certification,
and, where appropriate, a Pre-Award
Certification of Compliance with or
Inapplicability of Federal Motor Vehicle
Safety Standards (FMVSS).
This section outlines what
responsibilities the recipient,
manufacturer, and/or the supplier each
bear with respect to the pre-award audit
certifications. For example, this section
explains that the recipient is required to
obtain the pre-award Buy America
certification of compliance from the
bidder (i.e., the manufacturer or
supplier), and the recipient must keep
the certification on file. This section
also describes the documentation that
recipients must review in determining
whether or not the rolling stock to be
purchased meets FTA’s Buy America
requirements.
This section describes best practices
for ensuring compliance with the PreAward Buy America Certification
requirements, including key steps that
recipients should take early in the
solicitation process, as well as
procedures recipients and
manufacturers should adopt for
verifying compliance with the domestic
content and U.S. final assembly
1 That is, recipients ‘‘purchasing rolling stock to
carry passengers in revenue service with funds
made available under sections 3, 9, 18, and 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 amended.’’
See 49 CFR 663.3.
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requirements during the pre-award
audit stage.
Moreover, this section explains that
FTA, at its discretion, may grant a
waiver of the Buy America requirements
under certain enumerated
circumstances.
Furthermore, this section describes
recipients’ obligations with respect to
the Pre-Award Purchaser’s
Requirements Certification, including
the documentation requirements set
forth in 49 CFR 663.27. This section
outlines various best practices that
recipients should utilize to ensure
compliance with 49 CFR 663.27,
including procedures for verifying that
the proposed manufacturer’s bid
complies with the recipient’s
solicitation specifications and that the
proposed manufacturer has the capacity
and capability to produce the transit
vehicles the recipient is seeking to
procure.
Finally, this section describes
recipients’ obligations with respect to
completing a Pre-Award Certification of
FMVSS Compliance or Inapplicability,
if the procurement is for a motor
vehicle(s), and this section explains
what documentation the recipient must
obtain from the manufacturer regarding
FMVSS compliance or inapplicability.
The FTA seeks comment on the
content of this section.
C. Section 3—Post-Delivery Audit
Section 3 describes the post-delivery
audit requirements set forth in 49 CFR
663.31–39 and explains that the
recipient must ensure that the postdelivery audit is complete after the
formal contract has been signed but
before title to the rolling stock is
transferred to the recipient. Pursuant to
49 CFR 663.33, the post-delivery audit
must include: a Post-Delivery Buy
America Certification, a Post-Delivery
Purchaser’s Requirements Certification
(based upon a review of the Resident
Inspector’s Report pursuant to 49 CFR
663.37), and a Post-Delivery
Certification of FMVSS Compliance or
Inapplicability, where appropriate. This
section explains the requisite processes
and documentation requirements for
each of the post-delivery audit
certifications listed above.
This section specifies that a postdelivery audit, as distinguished from a
pre-award audit, must be based on
actual production data from the
manufacturer, including information
provided by the supplier to the
manufacturer, and the production data
must demonstrate Buy America
compliance.
This section explains that while the
manufacturer can provide its domestic
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content calculations in terms of
percentages rather than dollar figures,
the recipient or the third-party auditor
must review documentation of the
actual costs in order to verify
compliance during the post-delivery
audit. This section notes, however, that
the post-delivery audit report should
not include the confidential data that
was provided to the recipient or auditor.
This section also describes best
practices to aid recipients,
manufacturers, and suppliers in
achieving compliance with the postdelivery audit requirements, including
guidance on how to prepare the
requisite Resident Inspector’s Report
and supporting documentation, in
accordance with 49 CFR 663.37, and
procedures for effectively verifying
compliance with the domestic content
and U.S. final assembly requirements.
Also, as a best practice, this section
recommends that manufacturers should
require their suppliers to provide
sufficient documentation that
demonstrates Buy America compliance
(such as a signed and dated
certification), and manufacturers should
then ensure that the suppliers’
documentation is valid. This section
also recommends that the manufacturer
should be prepared to provide relevant
supplier information to the recipient or
third-party auditors.
The FTA seeks comment on the
content of this section.
D. Section 4—Domestic Content
Calculations
This section provides proposed
guidance and clarification on how to
calculate domestic content correctly for
rolling stock procurements in
accordance with 49 CFR 661.11,
providing guidance relevant to both the
pre-award audit and the post-delivery
audit.
In order to assist recipients, auditors,
manufacturers, and suppliers in
calculating domestic content, this
section defines and clarifies the
distinctions between components and
subcomponents and between
manufacturing and final assembly. Also,
this section instructs Handbook readers
to refer to Appendices B and C to 49
CFR 661.11 for lists of typical major
vehicle components. These lists are
intended to be illustrative, although
non-exhaustive.
This section explains that calculation
of domestic content is conducted at two
levels—i.e., at the vehicle level (which
requires that the cost of the components
produced in the U.S. must be more than
60 percent of the cost of all components)
and at the component level (which
requires that more than 60 percent of
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Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices
the subcomponents, by cost, must be of
domestic origin for a component to be
of domestic origin).
Importantly, this section provides a
sample Domestic Content Worksheet
with detailed step-by-step instructions
for how to fill out the worksheet and
calculate domestic content.
Moreover, this section describes best
practices for handling special
considerations that arise in domestic
content calculations. For example, this
section identifies typical non-recurring
expenses (NREs) and instructs
manufacturers to maintain evidence of
the NREs for the pre-award and postdelivery audits. Also, this section
provides guidance on exchange rates,
transportation costs to the U.S. final
assembly location, and tariff
exemptions.
In addition, this section provides a
sample Buy America certification form
to be used by suppliers, with
accompanying step-by-step instructions
for completing the certification form.
The FTA seeks comment on the
content of this section.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
E. Section 5—Frequently Asked
Questions
Section 5 addresses some of the most
frequently asked questions (FAQs) about
pre-award and post-delivery audits.
Among numerous other topics, the
FAQs concern what types of rolling
stock are not subject to the pre-award
and post-delivery audit requirements;
how to calculate domestic content; and
the responsibilities of the resident
inspector.
The FTA seeks comment on the
content of this section.
F. Appendices
The proposed Handbook contains four
appendices. Appendix A contains
domestic content calculation
worksheets, including one worksheet for
rail vehicles and one worksheet for
buses.
Appendix B contains sample
compliance checklists for recipients,
manufacturers, and suppliers to use in
order to ensure that the Pre-Award and
Post-Delivery Buy America
Certifications and Purchaser’s
Requirements Certifications are properly
completed. This appendix also contains
a sample Resident Inspector’s Report,
which the recipient must review before
completing its Post-Delivery Purchaser’s
Requirements Certification.
Appendix C contains sample preaward and post-delivery certificates and
forms. These samples are intended to
aid recipients, manufacturers, and
suppliers in complying with the 49 CFR
parts 661 and 663 requirements, and
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17:18 Jun 15, 2015
Jkt 235001
these samples may be utilized and filled
out by these parties, where appropriate.
Appendix D contains a sample preaward audit report and a sample postdelivery audit report, including
necessary certifications and
recommended supporting
documentation.
The FTA seeks comment on the
content of the appendices.
Therese W. McMillan,
Acting Administrator.
[FR Doc. 2015–14711 Filed 6–15–15; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2015–0072]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
BLACK STRAP; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
July 16, 2015.
ADDRESSES: Comments should refer to
docket number MARAD–2015–0072.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Williams, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
SUMMARY:
PO 00000
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34489
Avenue SE., Room W23–453,
Washington, DC 20590. Telephone 202–
366–0903, Email Linda.Williams@
dot.gov.
As
described by the applicant the intended
service of the vessel BLACK STRAP is:
Intended Commercial Use of Vessel:
‘‘Sightseeing sailing charter boat’’.
Geographic Region: ‘‘New Jersey, New
York, Connecticut’’.
The complete application is given in
DOT docket MARAD–2015–0072 at
https://www.regulations.gov. Interested
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR part 388.
SUPPLEMENTARY INFORMATION:
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
By Order of the Maritime Administrator.
Dated: June 8, 2015.
Thomas M. Hudson, Jr.,
Acting Secretary, Maritime Administration.
[FR Doc. 2015–14793 Filed 6–15–15; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2015 0075]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
SASSY; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
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Agencies
[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34487-34489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14711]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2015-0020]
Buy America Handbook; Conducting Pre-Award and Post-Delivery
Audits for Rolling Stock Procurements
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of Availability of Proposed Handbook and Request for
Comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its Web site proposed guidance, in the form of a
handbook, on complying with FTA's Buy America pre-award and post-
delivery audit requirements for rolling stock procurements, from the
solicitation phase through final acceptance of the rolling stock. This
proposed guidance explains and illustrates how to calculate domestic
content of rolling stock, and it is intended for use by recipients of
Federal funding, auditors, manufacturers, and suppliers (including
subcontractors).
This proposed guidance explains to recipients how to verify and
document their compliance with FTA's Buy America pre-award and post-
delivery audit requirements. In addition, this proposed guidance
encourages recipients, manufacturers, and suppliers to adopt certain
best practices to ensure compliance with the pre-award and post-
delivery audit requirements. By this notice, FTA invites public comment
on this proposed guidance.
DATES: Comments must be submitted by August 17, 2015. Late-filed
comments will be considered to the extent practicable.
ADDRESSES: Please submit your comments by only one of the following
methods, identifying your submission by DOT Docket Number FTA-2015-
0020. All electronic submissions must be made to the U.S. Government
electronic site at https://www.regulations.gov.
(1) Federal e-Rulemaking Portal: Go to https://www.regulations.gov
and follow the online instructions for submitting comments.
(2) Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
(3) Hand Delivery or Courier: West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern
time, Monday through Friday, except Federal holidays.
(4) Fax: 202-493-2251.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket number (FTA-2015-0020) for this notice at
the beginning of your comments. Submit two copies of your comments if
you submit them by mail. For confirmation that FTA received your
comments, include a self-addressed stamped postcard. All comments
received will be posted without change to www.regulations.gov including
any personal information provided and will be available to internet
users. You may review DOT's complete Privacy Act Statement published in
the Federal Register on April 11, 2000 (65 FR 19477) or https://DocketsInfo.dot.gov.
Docket: For access to the docket to read background documents and
comments received, go to www.regulations.gov at any time or to the U.S.
Department of Transportation, 1200 New Jersey Avenue SE., Docket
Operations, M-30, West Building Ground Floor, Room W12-140, Washington,
DC 20590 between 9:00 a.m. and 5:00 p.m. Eastern Standard Time, Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For program questions, contact Patrick
Centolanzi, FTA Office of Program Management, at (202) 366-0234 or
Patrick.Centolanzi@dot.gov. For legal questions, contact Richard L.
Wong, FTA Attorney-Advisor, at (202) 366-4011 or Richard.Wong@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview
II. Section-by-Section Summary
A. Section 1--Introduction
B. Section 2--Pre-Award Audit
C. Section 3--Post-Delivery Audit
D. Section 4--Domestic Content Calculations
E. Section 5--Frequently Asked Questions
F. Appendices
I. Overview
The FTA's objective in implementing 49 CFR part 661 (Buy America
Requirements) and 49 CFR part 663 (Pre-Award and Post-Delivery Audits
of Rolling Stock Purchases) is to support and promote the United States
(U.S.) manufacturing industry and U.S. jobs. As guidance on the pre-
award and post-delivery audit requirements for rolling stock
procurements, FTA published two separate Buy America handbooks in May
1995--i.e., one for rail vehicle procurements and one for bus
procurements.
Over the past three years, FTA has conducted Buy America Compliance
Reviews, where they observed and monitored the pre-award and post-
delivery audit processes for fourteen capital grants. One primary
finding was that FTA should provide more guidance and clarity on
conducting pre-award and post-delivery Buy America audits required in
FTA's Buy America regulations (49 CFR parts 661 and 663).
The FTA is proposing to publish a new Buy America handbook,
entitled Conducting Pre-Award and Post-Delivery Audits for Rolling
Stock Procurements (Handbook), which would replace FTA's two Buy
America handbooks on this subject from 1995. The proposed Handbook
would apply comprehensively to rolling stock procurements that are
subject to the pre-award and post-delivery audit requirements set forth
in 49 CFR part 663.
This notice provides a section-by-section summary of the proposed
Handbook. The proposed Handbook itself is not included in this notice;
instead, an electronic version may be found on FTA's Web site, at
www.fta.dot.gov, and in the docket, at www.regulations.gov. Paper
copies of the proposed Handbook may be obtained by contacting FTA's
Administrative Services Help Desk at (202) 366-4865. The FTA seeks
comment on the proposed Handbook.
II. Section-by-Section Summary
A. Section 1--Introduction
Section 1 of the proposed Handbook is an introductory chapter that
provides a brief overview of the pre-award and post-delivery audit
requirements set forth in 49 CFR parts 661 and 663, summarizes the
contents of each subsequent section, and includes lists of relevant
legal references, definitions, and acronyms.
This section states that the purpose of the proposed Handbook is to
assist
[[Page 34488]]
recipients,\1\ auditors, manufacturers, and suppliers (including
subcontractors) in understanding and correctly applying FTA's Buy
America pre-award and post-delivery audit requirements for rolling
stock procurements. This section sets forth the scope of the proposed
Handbook, explaining that FTA's Buy America regulations and rulings
shall take precedence over the contents of the proposed Handbook in the
event of a conflict, and specifying that this new comprehensive
Handbook would replace FTA's two handbooks on this subject, one for
rail vehicles and one for buses, which FTA published in 1995.
---------------------------------------------------------------------------
\1\ That is, recipients ``purchasing rolling stock to carry
passengers in revenue service with funds made available under
sections 3, 9, 18, and 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 amended.'' See 49 CFR 663.3.
---------------------------------------------------------------------------
The FTA seeks comment on the content of this section.
B. Section 2--Pre-Award Audit
Section 2 describes the pre-award audit requirements set forth in
49 CFR 663.21-27 and explains that the recipient must ensure that the
pre-award audit is complete before the recipient enters into a formal
contract for the purchase of rolling stock. Pursuant to 49 CFR 663.23,
the pre-award audit must include: A Pre-Award Buy America
Certification, a Pre-Award Purchaser's Requirements Certification, and,
where appropriate, a Pre-Award Certification of Compliance with or
Inapplicability of Federal Motor Vehicle Safety Standards (FMVSS).
This section outlines what responsibilities the recipient,
manufacturer, and/or the supplier each bear with respect to the pre-
award audit certifications. For example, this section explains that the
recipient is required to obtain the pre-award Buy America certification
of compliance from the bidder (i.e., the manufacturer or supplier), and
the recipient must keep the certification on file. This section also
describes the documentation that recipients must review in determining
whether or not the rolling stock to be purchased meets FTA's Buy
America requirements.
This section describes best practices for ensuring compliance with
the Pre-Award Buy America Certification requirements, including key
steps that recipients should take early in the solicitation process, as
well as procedures recipients and manufacturers should adopt for
verifying compliance with the domestic content and U.S. final assembly
requirements during the pre-award audit stage.
Moreover, this section explains that FTA, at its discretion, may
grant a waiver of the Buy America requirements under certain enumerated
circumstances.
Furthermore, this section describes recipients' obligations with
respect to the Pre-Award Purchaser's Requirements Certification,
including the documentation requirements set forth in 49 CFR 663.27.
This section outlines various best practices that recipients should
utilize to ensure compliance with 49 CFR 663.27, including procedures
for verifying that the proposed manufacturer's bid complies with the
recipient's solicitation specifications and that the proposed
manufacturer has the capacity and capability to produce the transit
vehicles the recipient is seeking to procure.
Finally, this section describes recipients' obligations with
respect to completing a Pre-Award Certification of FMVSS Compliance or
Inapplicability, if the procurement is for a motor vehicle(s), and this
section explains what documentation the recipient must obtain from the
manufacturer regarding FMVSS compliance or inapplicability.
The FTA seeks comment on the content of this section.
C. Section 3--Post-Delivery Audit
Section 3 describes the post-delivery audit requirements set forth
in 49 CFR 663.31-39 and explains that the recipient must ensure that
the post-delivery audit is complete after the formal contract has been
signed but before title to the rolling stock is transferred to the
recipient. Pursuant to 49 CFR 663.33, the post-delivery audit must
include: a Post-Delivery Buy America Certification, a Post-Delivery
Purchaser's Requirements Certification (based upon a review of the
Resident Inspector's Report pursuant to 49 CFR 663.37), and a Post-
Delivery Certification of FMVSS Compliance or Inapplicability, where
appropriate. This section explains the requisite processes and
documentation requirements for each of the post-delivery audit
certifications listed above.
This section specifies that a post-delivery audit, as distinguished
from a pre-award audit, must be based on actual production data from
the manufacturer, including information provided by the supplier to the
manufacturer, and the production data must demonstrate Buy America
compliance.
This section explains that while the manufacturer can provide its
domestic content calculations in terms of percentages rather than
dollar figures, the recipient or the third-party auditor must review
documentation of the actual costs in order to verify compliance during
the post-delivery audit. This section notes, however, that the post-
delivery audit report should not include the confidential data that was
provided to the recipient or auditor.
This section also describes best practices to aid recipients,
manufacturers, and suppliers in achieving compliance with the post-
delivery audit requirements, including guidance on how to prepare the
requisite Resident Inspector's Report and supporting documentation, in
accordance with 49 CFR 663.37, and procedures for effectively verifying
compliance with the domestic content and U.S. final assembly
requirements.
Also, as a best practice, this section recommends that
manufacturers should require their suppliers to provide sufficient
documentation that demonstrates Buy America compliance (such as a
signed and dated certification), and manufacturers should then ensure
that the suppliers' documentation is valid. This section also
recommends that the manufacturer should be prepared to provide relevant
supplier information to the recipient or third-party auditors.
The FTA seeks comment on the content of this section.
D. Section 4--Domestic Content Calculations
This section provides proposed guidance and clarification on how to
calculate domestic content correctly for rolling stock procurements in
accordance with 49 CFR 661.11, providing guidance relevant to both the
pre-award audit and the post-delivery audit.
In order to assist recipients, auditors, manufacturers, and
suppliers in calculating domestic content, this section defines and
clarifies the distinctions between components and subcomponents and
between manufacturing and final assembly. Also, this section instructs
Handbook readers to refer to Appendices B and C to 49 CFR 661.11 for
lists of typical major vehicle components. These lists are intended to
be illustrative, although non-exhaustive.
This section explains that calculation of domestic content is
conducted at two levels--i.e., at the vehicle level (which requires
that the cost of the components produced in the U.S. must be more than
60 percent of the cost of all components) and at the component level
(which requires that more than 60 percent of
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the subcomponents, by cost, must be of domestic origin for a component
to be of domestic origin).
Importantly, this section provides a sample Domestic Content
Worksheet with detailed step-by-step instructions for how to fill out
the worksheet and calculate domestic content.
Moreover, this section describes best practices for handling
special considerations that arise in domestic content calculations. For
example, this section identifies typical non-recurring expenses (NREs)
and instructs manufacturers to maintain evidence of the NREs for the
pre-award and post-delivery audits. Also, this section provides
guidance on exchange rates, transportation costs to the U.S. final
assembly location, and tariff exemptions.
In addition, this section provides a sample Buy America
certification form to be used by suppliers, with accompanying step-by-
step instructions for completing the certification form.
The FTA seeks comment on the content of this section.
E. Section 5--Frequently Asked Questions
Section 5 addresses some of the most frequently asked questions
(FAQs) about pre-award and post-delivery audits. Among numerous other
topics, the FAQs concern what types of rolling stock are not subject to
the pre-award and post-delivery audit requirements; how to calculate
domestic content; and the responsibilities of the resident inspector.
The FTA seeks comment on the content of this section.
F. Appendices
The proposed Handbook contains four appendices. Appendix A contains
domestic content calculation worksheets, including one worksheet for
rail vehicles and one worksheet for buses.
Appendix B contains sample compliance checklists for recipients,
manufacturers, and suppliers to use in order to ensure that the Pre-
Award and Post-Delivery Buy America Certifications and Purchaser's
Requirements Certifications are properly completed. This appendix also
contains a sample Resident Inspector's Report, which the recipient must
review before completing its Post-Delivery Purchaser's Requirements
Certification.
Appendix C contains sample pre-award and post-delivery certificates
and forms. These samples are intended to aid recipients, manufacturers,
and suppliers in complying with the 49 CFR parts 661 and 663
requirements, and these samples may be utilized and filled out by these
parties, where appropriate.
Appendix D contains a sample pre-award audit report and a sample
post-delivery audit report, including necessary certifications and
recommended supporting documentation.
The FTA seeks comment on the content of the appendices.
Therese W. McMillan,
Acting Administrator.
[FR Doc. 2015-14711 Filed 6-15-15; 8:45 am]
BILLING CODE 4910-57-P