Minnesota Department of Transportation Office of Transit

Minnesota Department of Transportation – Office of Transit

Administrative Procedure #2010-08

Title: Buy America Requirements for Direct Vehicle Procurements supported with Federal Transit Administration (FTA) funds

Policy/Objective: To ensure Subrecipients who directly procure federally-funded vehicles conduct a pre-award and post-delivery review to assure compliance with its bid specifications (see III-9 of FTA C 9300.1B)

Description: Procedure for meeting Buy America Requirements when vehicles are purchased with FTA funds and the State Cooperative Vehicle Procurement Process is not utilized by Subrecipients

Forms: Attachment 1: Sample Pre-Award Certifications Attachment 2: Sample Post-Delivery Certifications Attachment 3: Sample visual inspection and road tests sheets Attachment 4: Sample FMVSS Stickers

Definitions: Analyst means a representative of the recipient (either working directly for the recipient or contracted by the recipient) – NOT an employee, or agent, of the proposed bus manufacturer (in the case of the pre-award review) or the selected bus manufacturer (in the case of the post-delivery review)

Recipient means a receiver of Federal financial assistance from FTA

Subrecipient means a local governmental authority, a non-profit organization, or operator of public transportation or intercity bus service that receives Federal transit program grant funds indirectly through a recipient

Third-party contract refers to a subrecipient’s contract with a vendor or contractor, including procurement by purchase order or purchase by credit card, which is financed with Federal transit program grant funds

Manual: “Conducting Pre-Award and Post-Delivery Audits for Bus Procurements (http://www.fta.dot.gov/laws/leg_reg_5423.html)

Procedure:

Step Pre-Award Review (before signing a contract with a supplier) Responsibility 1. Review Buy America information provided by the proposed Subrecipient or appointed manufacturer (see Step 9 of Administrative Procedure #2010-04) analyst 2. Verify that the buses will contain a minimum of 60% domestic products, Subrecipient or appointed by cost, and that final assembly of the buses will take place in the U.S. analyst OR obtain, from FTA, a copy of the waiver letter exempting the buses from the Buy America requirements 3. Complete the Pre-Award Buy America Compliance Certification (see Subrecipient Attachment 1) and submit copy to Vehicle Procurement Coordinator 4. File Pre-Award Buy America Compliance Certificate in Subrecipient’s Subrecipient third-party contract folder for future FTA reviews 5. Review bid specifications provided by the proposed manufacturer Subrecipient or appointed analyst 6. Verify that the manufacturer’s bid specifications are in compliance with Subrecipient or appointed subrecipient’s solicitation specifications and the proposed manufacturer analyst is responsible and capable of building the bus to the subrecipient’s specifications 7. Complete the Pre-Award Purchaser’s Requirements Certification (see Subrecipient Attachment 1) and submit copy to Vehicle Procurement Coordinator 8. File Pre-Award Purchaser’s Requirements Certificate in Subrecipient’s Subrecipient third-party contract folder for future FTA reviews 9. Obtain a letter from the proposed bus manufacturer stating the Subrecipient information that will be provided on the FMVSS vehicle sticker OR a letter from the bus manufacturer stating that the buses are not subject to FMVSS (see Step 9 of Administrative Procedure #2010-04) 10. Complete the Pre-Award FMVSS Compliance Certification (see Subrecipient Attachment 1) and submit copy to Vehicle Procurement Coordinator 11. File Pre-Award FMVSS Compliance Certificate in Subrecipient’s third- Subrecipient party contract folder for future FTA reviews Step Post-Delivery Review (before bus title is transferred to subrecipient Responsibility OR before a bus is placed in revenue service, whichever is first) 1. Review Buy America information provided by the manufacturer (see Vehicle Procurement Step 9 of Administrative Procedure #2010-04); if the Buy America Coordinator information has not changed since the pre-award review and the subrecipient is satisfied that this is the case, the recipient may use the pre-award review documentation for the post-delivery review 2. Review the component and subcomponent listings to verify 60% Analyst domestic product content and review the total final assembly cost Check that the manufacturer’s final assembly location is located within Analyst the United States and review the list of final assembly activities, which 3. should include activities such as welding, subassembly activities, component installation, and painting, to ensure that the activities at the final assembly location qualify as final assembly 4. Complete Post-Delivery Buy America Compliance Certification (see Vehicle Procurement Attachment 2) and retain copy in subrecipient’s contract folder Coordinator File Post-Delivery Buy America Compliance Certificate in Subrecipient 5. Subrecipient’s third-party contract folder for future FTA reviews NOTE: if the manufacturer agrees, recipient should, but is not required Vehicle Procurement 6. to, keep a copy of the manufacturer’s Buy America information with the Coordinator Buy America certification in the file MORE THAN 10 BUSES OR MODIFIED VANS for large urbanized areas, or procurement of 20 vehicles or more serving rural areas or urbanized areas of 200,000 people or fewer (Reference 49 CFR 663.37), if not, SKIP to 13 Send a resident inspector to the manufacturer’s final assembly facility to Subrecipient or analyst 7. visually inspect and road test the buses and/or vans 8. Complete a manufacturing report that includes, at a minimum: accurate Resident inspector records of all bus construction activities (such as component manufacturing processes, final assembly activities, and quality control data collected) and a description of how the construction and operation of the bus(es) fulfills the contract specifications (the report should reference the above cited manufacturing processes, final assembly activities, and quality control data) 9. Review the report and conduct the visual inspections and road tests (see Subrecipient or analyst Attachment 3) 10. Complete a post-delivery purchaser’s requirements certification (see Vehicle Procurement Attachment 2) and retain copy in subrecipient’s contract folder Coordinator 11. File the purchaser’s requirements certification in Subrecipient’s third- Subrecipient party contract folder for future FTA reviews – file should also include resident inspector’s report, visual inspection sheets, and road test sheets 10 OR FEWER BUSES, MODIFIED VANS OR ANY NUMBER OF UNMODIFIED VANS (Reference 49 CFR 663.37) 12. Visually inspect and road test buses before delivery Subrecipient or analyst 13. Complete a post-delivery purchaser’s requirements certification (see Vehicle Procurement Attachment 2) and retain copy in subrecipient’s contract folder Coordinator 14. File the purchaser’s requirements certification in Subrecipient’s third- Subrecipient party contract folder for future FTA reviews – file should also include visual inspection sheets, and road test sheets Step FMVSS Compliant Buses, if subject to FMVSS Regulations 1. Check that manufacturer’s FMVSS sticker is affixed to each bus (see Vehicle Procurement Attachment 4) Coordinator 2. Complete an FMVSS certification (see Attachment 2) and retain copy in Vehicle Procurement subrecipient’s contract folder Coordinator 3. File the FMVSS certification in Subrecipient’s third-party contract Subrecipient folder for future FTA reviews

NOTE: In the event of a vehicle procurement involving an exemption, refer to manual.

This procedure is effective on: September 2, 2010

Approved by: September 2, 2010 Signature Date

N:\transit\ot admin procedures manual\2010-08 Buy America requirements for direct vehicle procurements.doc Attachment 1

PRE-AWARD BUY AMERICA COMPLIANCE CERTIFICATION

As required by Title 49 CFR, Part 663 - Subpart B, Minnesota Department of Transportation

is satisfied that the buses to be purchased, (description of buses)

from (manufacturer), meet the requirements of Section 165(b)(3) of

the Surface Transportation Assistance Act of 1982, as amended. Minnesota Department of

Transportation has reviewed documentation provided by the manufacturer, which lists (1) the

proposed component and subcomponent parts of the buses identified by the manufacturer,

country of origin, and cost; and (2) the proposed location of the final assembly point for the

buses, including a description of the activities that will take place at the final assembly point

and the cost of final assembly.

Date: ______

Signature: ______Title: Vehicle Procurement Coordinator

PRE-AWARD PURCHASER'S REQUIREMENTS CERTIFICATION

As required by Title 49 CFR, Part 663 - Subpart B, Minnesota Department of Transportation certifies that the buses to be purchased, ______(description of buses from (manufacturer), are the same product described in the recipient's solicitation specification and that the proposed manufacturer is a responsible manufacturer with the capability to produce a bus that meets the specifications.

Date: ______

Attachment 1

PRE-AWARD FMVSS COMPLIANCE CERTIFICATION

As required by Title 49 of the CFR, Part 663 - Subpart D, Minnesota Department of

Transportation certifies that it received, at the pre-award stage, a copy of ______

______’s (manufacturer) self –certification information stating that the buses, ______(description of buses), will comply with the relevant Federal Motor Vehicle Safety Standards issued by the

National Highway Safety Administration in Title 49 Code of Federal Regulations, Part 571.

Date: ______

Attachment 2

POST-DELIVERY PURCHASER'S REQUIREMENTS CERTIFICATION

As required by Title 49 of the CFR, Part 663 - Subpart C, after visually inspecting and road

testing the contract buses, Minnesota Department of Transportation certifies that the

buses, ______(number and description of buses) from

______(manufacturer), meet the contract specifications.

Date: ______

POST-DELIVERY FMVSS COMPLIANCE CERTIFICATION

As required by Title 49 of the CFR, Part 663 - Subpart D, Minnesota Department of Transportation certifies that it received, at the post-delivery stage, a copy of ______'s

(manufacturer) self-certification information stating that the buses, ______

(number and description of buses), comply with the relevant Federal Motor Vehicle Safety

Standards issued by the National Highway Safety Administration in Title 49 Code of

Federal Regulations, Part 571.

Date: ______

Attachment 2

` POST-DELIVERY BUY AMERICA COMPLIANCE CERTIFICATION

As required by Title 49 CFR, Part 663 - Subpart C, Minnesota Department of Transportation is satisfied that the buses received, ______(number and description of buses) from ______(the manufacturer), meet the requirements of Section 165(b)(3) of the Surface Transportation

Assistance Act of 1982, as amended. Minnesota Department of Transportation has reviewed documentation provided by the manufacturer, which lists (1) the proposed component and subcomponent parts of the buses identified by the manufacturer, country of origin, and cost; and (2) the proposed location of the final assembly point for the buses, including a description of the activities that will take place at the final assembly point and the cost of final assembly.

Date: ______

Attachment 2

POST-DELIVERY BUY AMERICA COMPLIANCE CERTIFICATION

As required by Title 49 CFR, Part 663 - Subpart C, Minnesota Department of Transportation is satisfied that the buses received, ______(number and description of buses) from ______(the manufacturer), meet the requirements of Section 165(b)(3) of the Surface Transportation Assistance Act of

1982, as amended. Minnesota Department of Transportation is satisfied that the vehicle received is in compliance with Buy America requirements as stated in the Pre-Award Review documentation, which lists (1) the proposed component and subcomponent parts of the buses identified by the manufacturer, country of origin, and cost; and (2) the proposed location of the final assembly point for the buses, including a description of the activities that will take place at the final assembly point and the cost of final assembly.

Date: ______

* Compliance is based on Mn/DOT's satisfaction that the Buy America information has not changed since the Pre-Award Review

Attachment 3

Appendix D: Sample Visual Inspection and Road Test Sheets

Coach Guide for Inspection: Manufacturer______Coach The Following Items Should Be Inspected Number______Test on Every Coach of Each Order Location______

Item Requirement Inspection Result Inspector/ Remarks/Notes Instruction Date

Curb Maximum Measure on Weight Weight curb weight certified scale of lb. FMVSS Affixed to Locate sticker Pass/Fail Stickers vehicle

Finish and Smooth body Visually Pass/Fail Color surfaces and inspect all paint surfaces for flaws Interior Absence of Visually Pass/Fail Panel rough edges inspect for Fastening or surfaces proper installation Towing Provision of Verify Pass/Fail Devices towing eyes presence of (front/rear) towing eyes Door Opening time Verify door Pass/Fail Control of sec. opening time frame Interior Lighting Switch on all Pass/Fail Lighting operable interior lights without engine Exterior All vehicle Switch on Pass/Fail Lighting lights and verify operable lamps are on Fuel Tank Fill rate and Inspect filler Pass/Fail filler location for easy access and check fill rate Chassis Welds, axles, Inspect for Pass/Fail suspension, leaks, and steering, interference. wheels, and Check fluid brakes levels, welds, undercoating, air lines, brake slack, and lug nuts Electrical Wiring and Inspect for Pass/Fail junction loose or boxes stretched wires Batteries Secured and Inspect Pass/Fail polarized compartment wiring access and jumper for jump start cable access HVAC Capacity and Operate AC, Pass/Fail performance check compressor, condenser, flow, and temperature Wheelchair Clear lift or Operate lift or Pass/Fail Access ramp access, ramp, inspect and operation, securement measure area areas Power Mounting and Check for Pass/Fail Plant arrangement loose lines, leaks, and noises. Check fluid levels, belt alignment, and cap fit

SAMPLE ROAD TEST SHEET

Coach Guide for Inspection: Manufacturer______Coach The Following Items Should Be Inspected Number______Test on Every Coach of Each Order Location______

Item Requirement Inspection Result Inspector/Date Remarks/Notes Instruction

Engine N/A Record low Low idle, fast idle, Fast and high idle High speeds Service Stopping Verify Pass/Fail Brakes distance function and indicator, check for pulling to either side Parking N/A Verify Pass/Fail Brake indicator, and no movement Turning Steering Check effort Pass/Fail Effort wheel torque with coach stopped Turning Not to Verify turning Pass/Fail Radius exceed at radius in both corner of directions body Acceleration rate from 0 to Verify Pass/Fail mph acceleration on smooth road Resonance Absence of Operate Pass/Fail audible coach at and/or visible various vibrations speeds, check for vibrations and rattles Windshield Evenly Operate Pass/Fail Wipers deposited coach at safe wash fluid speed over 40 mph, check coverage, parking position, and wiper frequency Power Plant N/A Check for Pass/Fail leaks under coach and in engine compartment, check for abnormal noises HVAC Interior Operate Int. temperature system, check internal Amb. and ambient temp. Door Control Accelerator At speeds Pass/Fail and brake less than 10 interlocks mph, verify accelerator and brake interlocks with door open General N/A During Pass/Fail testing, observe any abnormalities in ride and handling of coach

Attachment 4

Buses subject to FMVSS must have a FMVSS sticker affixed to the bus. Exhibits 4-6 through 4-10 present samples of various FMVSS stickers. MANUFACTURED BY (NAME). DATE: (MONTH/YEAR) GVWR:(WEIGHT) LB FRONT GAWR: (WEIGHT) LB REAR GAWR:(WEIGHT) LB WITH (SIZE) TIRES, WITH (SIZE) TIRES, (SIZE/TYPE) RIMS, (SIZE/TYPE) RIMS, AT PSI COLD (SINGLE/DUAL) AT PSI COLD (SINGLE/DUAL) THIS VEHICLE CONFORMS TO ALL APPLICABLE U.S. FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT ON THE DATE OF MANUFACTURE SHOWN ABOVE. VIN: (VEHICLE IDENTIFICATION NUMBER)

TYPE: (VEHICLE TYPE)

Exhibit 4-6. Sample Completed Vehicle FMVSS Sticker

THIS VEHICLE WAS ALTERED BY (NAME) IN (MONTH/YEAR) AND AS ALTERED, IT CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS AFFECTED BY THE ALTERATION AND IN EFFECT IN (MONTH/YEAR)

GVWR:(WEIGHT) LB FRONT GAWR: (WEIGHT) LB REAR GAWR:(WEIGHT) LB WITH (SIZE) TIRES, WITH (SIZE) TIRES, (SIZE/TYPE) RIMS, (SIZE/TYPE) RIMS, AT PSI COLD (SINGLE/DUAL) AT PSI COLD (SINGLE/DUAL) TYPE: (VEHICLE TYPE) Exhibit 4-7. Sample Altered Vehicle Manufacturer’s FMVSS Sticker

THIS CHASSIS-CAB CONFORMS TO FEDERAL MOTOR VEHICLE SAFETY STANDARD NOS. (APPLICABLE FMVSS NUMBERS). THIS VEHICLE WILL CONFORM TO STANDARD NOS. (APPLICABLE FMVSS NUMBERS) IF IT IS COMPLETED IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE INCOMPLETE VEHICLE DOCUMENT FURNISHED PURSUANT TO 49 CFR PART 568. CONFORMITY TO THE OTHER SAFETY STANDARDS APPLICABLE TO THIS VEHICLE WHEN COMPLETED IS NOT SUBSTANTIALLY AFFECTED BY THE DESIGN OF THE CHASSIS-CAB. CHASSIS-CAB MANUFACTURED BY (NAME). (MONTH/YEAR)

Exhibit 4-8. Sample Incomplete Vehicle Manufacturer’s FMVSS Sticker

WITH RESPECT TO STANDARD NOS. (APPLICABLE FMVSS NUMBERS), THE INSTRUCTIONS OF PRIOR MANUFACTURERS HAVE BEEN FOLLOWED SO THAT THE CHASSIS-CAB NOW CONFORMS TO THESE STANDARDS. THIS CHASSIS-CAB CONFORMS TO FEDERAL MOTOR VEHICLE SAFETY STANDARD NOS. (APPLICABLE FMVSS NUMBERS). WILL CONFORM TO STANDARD NOS. (APPLICABLE FMVSS NUMBERS) IF IT IS COMPLETED IN ACCORDANCE WITH THE INSTRUCTIONS CONTAINED IN THE AMENDED INCOMPLETE VEHICLE DOCUMENT FURNISHED PURSUANT TO 49 CFR PART 568. CONFORMITY TO STANDARD NOS. (APPLICABLE FMVSS NUMBERS) IS NO LONGER SUBSTANTIALLY AFFECTED BY THE DESIGN OF THIS CHASSIS-CAB. INTERMEDIATE MANUFACTURE BY (NAME). (MONTH/YEAR)

Exhibit 4-9. Sample Intermediate Vehicle Manufacturer’s FMVSS Sticker

MANUFACTURED BY (NAME). DATE: (MONTH/YEAR) INCOMPLETE VEHICLE MANUFACTURED BY (NAME). DATE: (MONTH/YEAR)

GVWR:(WEIGHT) LB FRONT GAWR: (WEIGHT) LB REAR GAWR:(WEIGHT) LB WITH (SIZE) TIRES, WITH (SIZE) TIRES, (SIZE/TYPE) RIMS, (SIZE/TYPE) RIMS, AT PSI COLD (SINGLE/DUAL) AT PSI COLD (SINGLE/DUAL) CONFORMITY OF THE CHASSIS-CAB TO FEDERAL MOTOR VEHICLE SAFETY STANDARDS, WHICH HAVE BEEN PREVIOUSLY FULLY CERTIFIED BY THE INCOMPLETE VEHICLE MANUFACTURER OR INTERMEDIATE VEHICLE MANUFACTURER, HAS NOT BEEN AFFECTED BY FINAL-STAGE MANUFACTURE, THE VEHICLE HAS BEEN COMPLETED IN ACCORDANCE WITH THE PRIOR MANUFACTURER’S INSTRUCTIONS, WHERE APPLICABLE. THIS VEHICLE CONFORMS TO ALL OTHER APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT IN (MONTH/YEAR). VIN: (VEHICLE IDENTIFICATION NUMBER)

CONFORMITY OF THE CHASSIS-CAB TO FEDERAL MOTOR VEHICLE SAFETY STANDARD NOS. (APPLICABLE FMVSS NUMBERS) HAS NOT BEEN AFFECTED BY FINAL- STAGE MANUFACTURE. WITH RESPECT TO THE STANDARD NOS. (APPLICABLE FMVSS NUMBERS), THE VEHICLE HAS BEEN COMPLETED IN ACCORDANCE WITH THE PRIOR MANUFACTURER’S INSTRUCTIONS. THIS VEHICLE CONFORMS TO ALL OTHER APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT IN (MONTH/YEAR). VIN: (VEHICLE IDENTIFICATION NUMBER)

THIS VEHICLE CONFORMS TO ALL OTHER APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT IN (MONTH/YEAR). VIN: (VEHICLE IDENTIFICATION NUMBER)

Exhibit 4-10. Samples of Final-Stage Vehicle Manufacturer’s FMVSS Stickers