What happens if the Buy America certification requirements aren followed?
Procurement officers need to be aware of the Buy America requirements and review the certificates of compliance and non-compliance prior to awarding contracts over $100,000. This review will prevent situations where FTA is forced to withdraw its participation in the project because the contract was awarded in error. Grantees must review all Buy America certifications before contract award and request a waiver, if one is necessary, before award in order to ensure FTA participation in the contract. Whether the situation is a sealed bid or a request for proposal, the award must go to a party who certified compliance unless the grantee requests and receives a waiver from FTA. FTA will not be in a position to grant a waiver unless one of the following conditions is satisfied: A. It is established that the low domestic bid/proposal for the end product is 25 percent more than the low foreign bid/offer; B. It is established that the item or items being procured are not available in the U.S. C.
