44)
45)
46)
AT)
48)
disclosures are forwarded from tier to tier up to the recipient.
<This affidavit must be on the form provided by NTS, which is enclosed with this bid package>
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Bidder acknowledge and agree that, notwithstanding any concurrence by
the Federal Government in or approval of the solicitation or award of the underlying contract,
absent the express written consent by the Federal Government, the Federal Government is not
a party to this contract and shall not be subject to any obligations or liabilities to the
Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to
any matter resulting from the underlying contract.
(2) The Bidder agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
USE OF FEDERAL FUNDS
Please note that federal funds may be used with regard to this specification. The Federal
Transportation Administration has awarded or may be awarding a grants to NTS to provide the
federal share of the equipment to be purchased within this specification.
RECORD RETENTION
The successful Bidder must retain in its files of business activity records with for a period of three (3)
years per 49 CFR § 18.36 (i) (11).
PRE-AWARD AND POST-DELIVERY AUDIT (ROLLING STOCK PURCHASES ONLY)
The Bidder agrees to comply with 49 U.S.C. § 5323(1) and FTA's implementing regulation at 49
CFR Part 663 and to submit the following certifications:
(1) Buy America Requirements: The Bidder shall complete and submit a declaration certifying
either compliance or noncompliance with Buy America. If the Bidder certifies compliance
with Buy America, it shall submit documentation which lists |} component and
subcomponent parts of the rolling stock to be purchased identified by manufacturer of the
parts, their country of origin and costs; and 2) the location of the final assembly point for the
rolling stock, including a description of the activities that will take place at the final assembly
point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Bidder shall submit evidence that it will be
capable of meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards (FMVSS): The Bidder shall submit 1} manufacturer's
FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS
or 2) manufacturer's certified statement that the contracted buses will not be subject to
FMVSS regulations.
(4) The Bidder shall submit a copy of the Altoona Test Report. (prior to the delivery of any buses)
<This affidavit must be on the form provided by NTS, which is enclosed with this bid package>
CIVIL RIGHTS
The following requirements apply to the underlying contract:
33
