Do the Buy America requirements apply to service contracts?
FTA posted a request for comments on this website, seeking comments on whether or not the Buy America requirements should apply to equipment owned or leased by private service providers under an FTA funded contract with an FTA grantee. In response to the request for comments, FTA received 16 comments, nine commenters supported FTA’s current interpretation-the requirements apply to equipment purchased or leased by the contractor to fulfill a service contract, but not to previously owned or leased equipment. Ten commenters wanted FTA to apply the small purchase waiver to capital purchases by a service contactor and one commenter argued against that interpretation. Two commenters argued that the requirements should apply to all goods used by a contractor. Three comments were either not clear or beyond the scope of the request for comments. Consistent with the majority of the comments and FTA’s position on this question historically, FTA will continue to apply the Buy America requirements
