§ 26.49 - What are the requirements for transit vehicle manufactures (TVMs) and for awarding DOT-assisted contracts to TVMs?

§ 26.49 How are overall goals established What are the requirements for transit vehicle manufacturers?

Cross Reference

Link to an amendment published at 89 FR 24966, Apr. 9, 2024.

manufactures (TVMs) and for awarding DOT-assisted contracts to TVMs?

(a) If you are an FTA recipient, you must require in your DBE program that each transit vehicle manufacturerTVM, as a condition of being authorized to bid or propose on FTA - assisted transit vehicle procurements, certify that it has complied with the requirements of this section. You do not include FTA assistance used in transit vehicle procurements in the base amount from which your overall goal is calculated.

(1) Only those transit vehicle manufacturers TVMs listed on FTA's certified list of Transit Vehicle Manufacturerseligible TVMs, or that have submitted a goal methodology to FTA that has been approved or has not been disapproved , at the time of solicitation are eligible to bid.

(2) A TVM 's failure to implement the DBE Program in the manner as prescribed in that fails to follow the requirements of this section and throughout 49 CFR this part 26 will be deemed as non-compliancecompliant, which will result in removal from FTA's certified eligible TVMs list , resulting in that manufacturer becoming ineligible and ineligibility to bid.

(3) An FTA recipient's failure to comply with the requirements set forth in paragraph (a) of this section may result in formal enforcement action or appropriate sanction as determined by FTA (e.g., FTA declining to participate in the vehicle procurement).

(4) FTA recipients are required to submit within Within 30 days of making an award, the becoming contractually required to procure a transit vehicle, an FTA recipient must report to FTA:

(i) The name of the TVM that was the successful bidder

, and the total dollar value of the contract in the manner prescribed in the grant agreement

; and

(ii) The Federal share of the contractual commitment at that time.

(b) If you are a transit vehicle manufacturerTVM, you must establish and submit for to FTA 's approval an annual overall percentage goal for DBE participation.

(1) In setting your overall goal, you should be guided, to the extent applicable, by the principles underlying § 26.45. The base from which you calculate this goal is the amount of FTA financial assistance included in transit vehicle contracts on which you will bid on during the fiscal year in question, less the portion(s) attributable to the manufacturing process performed entirely by the transit vehicle manufacturer's your own forces.

(i) You must consider and include in your base figure all domestic contracting opportunities made available to non-DBE firms; andDBEs.

(ii) You must exclude from this base figure funds attributable to work performed outside the United States and its territories, possessions, and commonwealths.

(iii) In establishing an overall goal, the transit vehicle manufacturer you must provide for public participation. This includes consultation with interested parties consistent with § 26.45(g).

(2) The requirements of this part with respect to submission and approval of overall goals apply to you as they do to recipients, except that TVMs set and submit their goals annually and not on a triennial basis.

(c) Transit vehicle manufacturers awarded TVMs must comply with the reporting requirements of § 26.11 of this part, including the requirement to submit the Uniform Report of DBE Awards or Commitments and Payments, in order to remain eligible to bid on FTA assisted transit vehicle procurements.

(d) Transit vehicle manufacturers TVMs must implement all other applicable requirements of this part, except those relating to UCPs and DBE certification procedures.

(e) If you are an FHWA or FAA recipient, you may, with FHWA or FAA approval, use the procedures of this section with respect to procurements of vehicles or specialized equipment. If you choose to do so, then the manufacturers of this the equipment must meet the same requirements (including goal approval by FHWA or FAA) as transit vehicle manufacturers that TVMs must meet in FTA - assisted procurements.

(f) As a recipient you may, with FTA approval, Recipients may establish project-specific goals for DBE participation in the procurement of transit vehicles in lieu of complying through the procedures of this section.

[79 FR 59594, Oct. 2, 2014

from specialized manufacturers when a TVM cannot be identified.

(1) Project-specific goals established pursuant to this section are subject to the same review and approval and must be established as prescribed in the project goal provisions of § 26.45.

(2) FTA must approve the decision to use a project goal before the recipient issues a public solicitation for the vehicles in question.

(3) To support the request to develop a project goal, recipients must demonstrate that no TVMs are available to manufacture the vehicle.

[89 FR 24966, Apr. 9, 2024]