22)
24)
25)
In administering the DBE program, the contractor must not directly or through contractual or other
arrangements. use criteria or methods of administration that have the effect of defeating or
substantially impairing accomplishment of the objectives of the program with respect to individuals
of a particular race, color, sex, or national origin.
DBE PARTICIPATION REQUIREMENTS
The Bidder must certify that they are in compliance with the Transit Vehicle Manufacturer DBE
requirements:
<Thus affidavil must be on the form provided by NTS, which is enclosed with this bid package>
AWARD OF CONTRACT
The contract shall be awarded to the best overall bid mecting the minimum requirements as set forth
in the specifications. NTS will pay no interest, finance, or carrying charges on our unpaid balance.
There will be no down payment or prepayment made as part of this award.
INELIGIBLE CONTRACTORS/DEBARMENT AND SUSPENSION
This contract is a covered transaction for purposes of 49 CFR Part 29 and Executive Order 12549. As
such, the contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49
CFR 29.940 and 29.945,
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the Bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by Nashua Transit
System. If it is later determined that the Bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to Nashua Transit System, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment. The
Bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer
is valid and throughout the period of any contract that may arise from this offer. The Bidder or
proposer further agrees to include a provision requiring such compliance in its lower tier covered
transactions,
<This affidavit must be on the form provided by NTS, which is enclosed with this bid package>
BUY AMERICA
The Bidder agrees to comply with 49 U.S.C. 5323()) and 49 C.E.R. Part 661, which provide that
Federal funds may not be obligated uniess 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, and include final
assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler
Corporation, and microcomputer equipment and software, 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 a 60 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
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