AO. Debarment and Suspension.
(a) The Seller agrees to comply with the requirements of Executive Order Nos. 12549
and 12689, “Debarment and Suspension,” 31 U.S.C. Section 6101 note; and USDOT
regulations on Debarment and Suspension and 49 CFR Part 29.
(b) Unless otherwise permitted, the Seller agrees to refrain from awarding any third-
party contract of any amount to or entering into any subcontract of any amount with a party
included in the “U.S. General Services Administration’s (U.S. GSA) List of Parties
Excluded from Federal procurement and Non-procurement Program,” implementing
Executive Order Nos. 12549 and 12689, “Debarment and Suspension” and 49 CFR Part 29.
The list also include the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible for contract award under statutory or
regulatory authority other than Executive Order Nos. 12546 and 12689.
(c) Before entering into any subcontracts with any subcontractor, the Seller agrees to
obtain a debarment and suspension certification from each prospective recipient containing
information about the debarment and suspension status and other specific information of
that awarding agency and its “principals,” as defined at 49 CFR Part 29.
(d) Before entering into any third-party contract exceeding $25,000.00, the Seller
agrees to obtain a debarment and suspension certification from each third-party contractor
containing information about the debarment and suspension status of that third-party
contractor and its “principals,” as defined at 49 CFR 29.105(p). The Seller also agrees to
require each third party contractor to refrain from awarding any third-party subcontract of
any amount, at any tier, to a debarred or suspended subcontractor, and to obtain a similar
certification for any third-party subcontractor, at any tier, seeking a contract exceeding
$25,000.00.
41. Buy America Requirements (Rolling Stock).
Seller agrees to comply with 49 U.S.C. 5323() 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. In FY 20 and beyond, rolling stock must be
assembled in the United States and have at least a 70% percent domestic content.
42. Cargo Preference.
For contracts involving equipment, materials or commodities which may be transported by
ocean vessels. These requirements do not apply to micro-purchases ($3,500 or less, except
for construction contracts over $2,000).
Seller shall: a. use privately owned US-Flag commercial vessels to ship at least 50% of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers)
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