EXHIBIT C —- FTA CLAUSES
REQUIRED CONTRACT FEDERAL CLAUSES
Fly America Requirements
Applicability — all 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.
Buy America Requirements (Rolling Stock)
All contracts greater than $150,000.
The Bidder agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which
provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA- funded projects are produced in the United States, unless a waiver
has been granted by FTA or the product is subject to a general waiver. General waivers are
listed in 49 C.F.R. 661.7, Separate requirements for rolling stock are set out at 49 U.S.C.
5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States
and have at least a 65% percent domestic content for all rolling stock delivered through FY
19. In FY 20 and beyond, rolling stock must be assembled in the United States and have at
least a 70% percent domestic content.
A. Bidder must submit to NTS the appropriate Buy America certification with all bids
or offers on an FTA funded contracts, except those subject to a general waiver. Bids that
are not accompanied by a completed Buy America certification must be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
Rolling Stock Requirements:
1. Listing of component and subcomponent parts of the coach identified by
manufacturer of the parts, their country of origin and costs; and
