What is rolling stock under the Buy America Act?
Rolling stock is defined in the Buy America regulations (49 CFR Part 661.3) as: "transit vehicles such as buses, vans, cars, railcars, locomotives, trolley cars and buses, and ferry boats, as well as vehicles used for support services." (Posted: December, 2010) Is rail for fixed guide-way considered rolling stock?
What is the definition of rolling stock?
Rolling stock is defined in the Buy America regulations (49 CFR Part 661.3) as: "transit vehicles such as buses, vans, cars, railcars, locomotives, trolley cars and buses, and ferry boats, as well as vehicles used for support services.". Where can I find the definition for "Rolling Stock"?
What is a 1730 DLA form?
DLA Form 1730 (.pdf) Vehicle Technical Inspection Per the DoD 4160.21-M Turn-in Customers will provide a LTI (DLA 1730) for the following stock classes 23,24,38,39
How long does a railroad have to pay a DBE subcontractor?
The Contractor agrees to pay all DBE subcontractors, including retainage, for satisfactory performance of their contracts no later than thirty (30) days from receipt of each payment by the Railroad (including any retainage) in accordance with U.S. Department of Transportation regulations, "'Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. 26.29. Pursuant to 49 C.F.R. 26.29(c), work is "satisfactorily" completed when (a) all the tasks called for in the subcontract have been accomplished and documented as required by the Railroad or (b) the Railroad has made an incremental acceptance of a portion of the Work under the Contract that covers the subcontractor's work. The Contractor may only delay or postpone payment to a DBE subcontractor for good cause, with the Railroad's prior written approval. The Contractor shall include in any subcontract with a DBE subcontractor language providing that the Contractor and DBE subcontractor shall use appropriate alternative dispute resolution mechanisms to resolve any payment disputes. The Railroad shall not reimburse the Contractor for any part of the Work performed by DBE subcontractors unless and until the Contractor ensures that the DBE subcontractors are promptly paid for any work they have performed. The Contractor's failure to comply with this section shall constitute a material default of the Contract, which may result in termination of the Contract or such other remedy as the Railroad deems appropriate.
What is the Fly America Act?
§40118, in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their Contractors are required to use U.S. flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available , unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certification with the Fly America requirements of this section in all subcontracts that may involve international air transportation.
Can railroads terminate a contract?
The Railroad shall have the right to terminate the Contract, in whole or in part, based on the Contractor's default in performance including any of the following: (a) the Contractor's failure to begin the Work or abandon the Work; (b) the Contractor's refusal to perform any part of the Work as defined in the Contract or any Change Order issued by the Railroad; (c) the Contractor's failure to perform or comply with any provisions or implied covenants contained in the Contract; (d) the Contractor's performance is unnecessarily or unreasonable delayed at any time; or (e) the Railroad's determination, in its sole discretion, that the Work is unacceptable.
Can a bidder comply with 49 U.S.C. 5323(j)?
The bidder/proposer/offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. §5323(j), but may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 C.F.R. §661.7.
