11.Fly America Requirements.
For contracts involving transportation of persons or property, by air between the U.S. and/or places outside
the U.S, These requirements do not apply to micro-purchases ($3,500 or less, except for construction
contracts over $2,000).
Contractor shall comply with 49 USC 40118 (the "Fly America” Act) in accordance with General Services
Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and
their contractors are required to use US Flag air carriers for US Government-financed international air
travel and transportation of their personal effects or property, to the extent such service is available, unless
travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall
submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining
why service by a US flag air carrier was not available or why it was necessary to use a foreign air cartier
and shall, in any event, provide a certificate of compliance with the Fly America requirements, Contractor
shall include the requirements of this section in all subcontracts that may involve international air
transportation.
12.Seismic Safety
The contractor agrees that any new building or addition fo an existing building will be designed and
constructed in accordance with the standards for Seismic Safety required in Department of Transportation
Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the
regulation. The contractor also agrees to ensure that all work performed under this contract including work
performed by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
13.Cargo Preference Requirements
The Maritime Administration (MARAD) regulations at 46 C.F.R. § 381.7 contain suggested contract
clauses, Recipients can draw on the following language for inclusion in their federally funded procurements.
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees:
a, to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such
vessels are available at fair and reasonable rates for United States-Flag commercial vessels:
b. to furnish within 20 working days following the date of loading for shipments originating within the United
States or within 30 working days following the date of loading for shipments originating outside the United
States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
contractor in the case of a subcontractor's bill-of-lading.); and
c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract
may involve the transport of equipment, material, or commodities by ocean vessel.
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