R2025-195 Resolution Authorizing Accepting the Bid and Authorizing the Work of Door Replacement for Transit Facilities with B&B Glass

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Buy America This provision requires that federal tax dollars used to purchase steel, iron,and manufactured goods used in a transit project must produced domestically in the United States, unless a waiver has been granted by FIA or a product is subject to a general waver. General waivers are listed in 49 C.F.R.661.7. Manufactured goods must be 100-percent produced in the U.S.A manufactured good is considered produced in the United States if:(1)All of the manufacturing processes for the product take place in the United States;and(2)All of the components of the product are of U.S.origin.A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents.49 CFR 661.5(d). Contractors agree to insert the provisions of this clause in all subcontracts issued pursuant to subsequent contracts or agreements relative to this procurement Project.A waiver from the provision may be sought by the Contractor,through the Buyer,if grounds for a waiver exist. Waivers may require subsequent approval by other regulatory bodies. This provision requires that federal tax dollars used to purchase steel, iron,and manufactured goods used in a transit project must produced domestically in the United States, unless a waiver has been granted by FTA or a product is subject to a general waver. General waivers are listed in 49 C.F.R.661.7. When procuring rolling stock,which includes train control,communication,traction power equipment,and rolling stock prototypes,the cost of the components and subcomponents produced in the U.S. must be: more than 60 percent for FY2016 and FY2017 more than 65 percent for FY2018 and FY2019 more than 70 percent for FY2020 and beyond Final assembly for rolling stock also must occur in the U.S.Additionally,rolling stock procurements are subject to the pre-award and post-delivery Buy America audit provisions set forth in 49 U.S.C.§ 5323(m)and 49 CFR part 663.For rolling stock purchases for which the average cost of the vehicle is more than$300,000,the FAST Act allows the cost of steel or iron produced in the U.S. and used in the rolling stock frames or car shells to be included in the domestic content calculation, regardless of whether the frame or car shell is produced in the U.S.Contractors agree to insert the provisions of this clause in all subcontracts issued pursuant to subsequent contracts or agreements relative to this procurement Project.A waiver from the provision may be sought by the Contractor, through the Buyer, if grounds for a waiver exist. Waivers may require subsequent approval by other regulatory bodies. Resolution of Disputes,Breaches,or Other Litigation Disputes Except as otherwise provided in any subsequent Contract,any dispute concerning a question of fact arising under a contract,which is not disposed of by mutual agreement,shall be decided by the Contracting Officer,who shall reduce his/her decision to a written response and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive, unless determined by a court of competent jurisdiction to have been fraudulent,or capricious,or arbitrary,or so grossly erroneous as necessarily to imply bad faith,or not supported by substantial evidence. In connection with any appeal proceeding under this clause, Buyer shall afford the Contractor an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder,the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. FTA's review of protests is limited to allegations that the Grantee(Buyer)failed to follow the above procedure.This clause does not preclude consideration of law questions in connection with decisions provided for in this clause,provided that nothing in an Agreement or Contract shall be construed as making final the decision of any administrative official, representative,or board on a question of law. Breach of Contract If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner