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 carrier 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 to 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.
14. Bonding
Please see Bonding Language in Article 8 of the Agreement
