How does Buy America apply to Design Build contracts?
When purchasing a system, it is industry practice to have the contract broken down by sub-systems with each sub-system identified in the contract treated as an end product subject to the Buy America requirement. FTA has defined end product as “any item or items * * * to be acquired by a grantee, as specified in the overall project contract.” For example, the guideway surfaces and equipment; the vehicles; the traction power system; the command and control system; the communications system; and the maintenance facility and equipment are all sub-systems and should have separate certifications. If the contractor is not sure if it will be able to comply, then it should certify non-compliance. If all bidders/offerors certify non-compliance, the grantee should request a non-availability waiver from FTA before award. Certification of non-compliance for one sub-system should be considered a certification of non-compliance for the entire contract, and a waiver is required if the contract is to b
