Pre-Award, Post-Delivery Audit Requirements Under Buy America

Forms and Documents

Document Name	Status
2023 Buy America Draft Justification Statement FINAL2.docx Supporting Statement A	2023-11-17
30Day FRN Buy America.pdf Supplementary Document	2023-11-17
Buy American Handbook-No Updates since 2017.pdf Supplementary Document	2023-11-07
60Day FRN Buy America.pdf Supplementary Document	2023-10-27

IC Document Collections

IC ID	Document Title	Status
26536	Pre-Award, Post-Delivery Audit Requirements Under Buy America Instruction	Unchanged

ICR Details

OMB Control No: 2132-0544	ICR Reference No: 202310-2132-003
Status: Received in OIRA	Previous ICR Reference No: 202008-2132-001
Agency/Subagency: DOT/FTA	Agency Tracking No:
Title: Pre-Award, Post-Delivery Audit Requirements Under Buy America
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/17/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2023
Responses	700	700
Time Burden (Hours)	2,786	2,786
Cost Burden (Dollars)	0	0

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Abstract: The information collection under OMB control number 2132-0544 “Pre-Award, Post-Delivery Audit Requirements Under Buy America” currently does not require any revisions. As a result, the Federal Transit Administration (FTA) is requesting a 3-year extension without change for OMB approval. This is a mandatory collection that is designed to ensure that any vehicle purchased with Federal Transit Administration funds has at least a 60 percent domestic content and undergoes final assembly in the United States. It prevents FTA from obligating any funding 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 information being reported is a certification document. A transit grantee must include in its bid or request for proposal (RFP) specification for procurement of steel, iron or manufactured goods an appropriate notice of the Buy America provision and require, as a condition of responsiveness, that the bidder or offer or submit with the bid or offer a completed Buy America certificate. Under limited circumstances, FTA may waive Buy America requirements. The entities that respond to this collection are transit agencies procuring rolling stock from transit bus and transit railcar manufacturers. This information is submitted as needed, triggered whenever a transit agencies procures rolling stock. Transit agencies maintain the certification on site and only need to produce the document upon request by FTA. There is no change to the number of respondents or responses. The only change associated with this submission is a change in the cost to the respondents and the cost to the federal government. Both areas have been updated to reflect the current Department of Labor wage category and the 2023 OPM Federal salary table.

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Authorizing Statute(s): US Code: 49 USC Section 5323(j)and(m) Name of Law: Buy America
   PL: Pub.L. 114 - 94 30001 Name of Law: Fixing America's Surface Transportation (FAST) Act
   PL: Pub.L. 117 - 58 30001 Name of Law: Bipartisan Infrastructure Law (BIL)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 64023	09/18/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 80382	11/17/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Pre-Award, Post-Delivery Audit Requirements Under Buy America

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	700	700	0	0	0	0
Annual Time Burden (Hours)	2,786	2,786	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $330,753

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/17/2023

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