ANNOUNCED AS TEMPORARYNo
Public procurement localisation
In a Federal Register notice (Volume 81, Number 75) published on April 19, 2016, the Federal Transit Administration (FTA) of the U.S. Department of Transportation waived the Buy American rules for a specific transaction. At issue was a request from the Indianapolis Public Transportation Corporation (IPTC) for a Buy America non-availability waiver for the procurement of a horizontal lifeline fall protection maintenance tie back system (i.e., a safety device designed to prevent injuries to workmen).
With certain exceptions, FTA's Buy America requirements (codified at 49 U.S.C. 5323(j)(1)) prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless 'the steel, iron, and manufactured goods used in the project are produced in the United States.' The FTA granted this request, finding that the materials for which the waiver is requested are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality.
This waiver is limited to a single procurement by IPTC for the system. The waiver was effective immediately. No value or specific foreign supplier is identified in the waiver; the affected trading partners include the major suppliers in this category of goods.
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