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(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 <br />of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)J <br />(3) The undersig s bawards~at all tierst ( nclud ng subcontracts sub lgrantsn and contracts nd r S~~s, <br />documents for al <br />loans, and cooperative agreements) and that all subrecipients shall certtfy and disclose accordingly. <br />This cedification is a material representation of fact upon which reliance was placed when this <br />transaction was made or entered into. Submission of this certification is a prerequisite for making or <br />entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying.Disclosure <br />Act of 1995). Any person who fails to file the required cectification shall be sabject to a civil penalty <br />of not tess than $10,000 and not more than ~100,000 for each such failure. <br />[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure <br />or fails to file or amend a required certificadon or disclosure form shall be subject to a civil penalty <br />of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] <br />The Contractor, ' , certifies or affirms truth lness and accuracy of each <br />statement of its certification and disclosure, if any. iti the Con tor understands and agrees <br />that the provisions of 31 U.S.C. A 3801, er seq. ly t, ' n fi n and disclosure, if any. <br />Signature of Contractor's Authorized Official ~~ ,~.~ p ~~ . P~ <br />Name and T'ide of ntract~or's Authorized O~i~;~ <br />Date <br />Buy America (constniction and manufactured products) <br />The Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that <br />Federal funds may not be obligated unless steel, uon, and manufactured products used in <br />FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or <br />the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include <br />final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by <br />Chrysler Corporation, microcomputer equipment, software, and small purchases (cunently less than <br />$1p0,000) made with capital, operating, or planning funds. Separate reqnirements for rolling stock <br />are set out at 5323(j)(2)(G~ and 49 CFR 661.11. Rolling stock not subject to a general waiver must be <br />manufactured in the United States and have a 60 percent domestic conten~ <br />A bidder or offeror must submit to the FTA recipient the appropriate Buy America certif'ication <br />(below) with all bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers <br />that are not accompanied by a completed Buy America certification must be rejected as <br />nonresponsive. This requirement does not apply to lower tier subcontractors. <br />Certification requiren-ent for procurement of steel, iron, or manufactured products. <br />Certificate of Compliance with 49 U.S.C. 5323(j)(1) <br />The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and <br />the applicable regulations in 49 CFR Part 661. <br />Date - <br />S ignature <br />Company Name <br />Title <br />Addendum, FTA Contract Requirements <br />Page - 10 • <br />0718970102 <br />