As a condition of responsiveness to bidding for procurements of rolling stock, iron, steel, or manufactured products greater than $100,000 the bidder must submit with the bid or offer, a completed Buy America certificate in accordance with Part 661.6 for steel, iron, and manufactured products, or Part 661.12 for rolling stock (including train control, traction power, and communication equipment). Once submitted the bidder is bound by the certification provided. If the bidder does not submit a certification, the bid shall be considered non-responsive. If the bidder executes certification that it cannot comply but may be eligible for an exception, then the Gunnison Valley RTA shall review the circumstances and determine if it should request a waiver from the FTA. There are specific instances included in the regulations for waiver of Buy America provisions including that it is in the public’s best interest, that there are no U.S. products available, or there is a 25 percent price difference between the foreign and domestic products. See FTA’s Buy America web page for additional information on requirements.
http://www.fta.dot.gov/legal/buy_america/14456_ENG_HTML.htm