§ 26.49 What are the requirements for transit vehicle 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 TVM, 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 TVMs listed on FTA's list of eligible 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 that fails to follow the requirements of this section and this part will be deemed as non-compliant, which will result in removal from FTA's eligible TVMs list 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 ) Within 30 days of 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
( ii ) The Federal share of the contractual commitment at that time.
( b ) If you are a TVM, you must establish and submit to FTA 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 your own forces. ( i ) You must consider and include in your base figure all domestic contracting opportunities made available to non-DBEs.
( 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, 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 ) TVMs must comply with the reporting requirements of § 26.11, 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 ) TVMs must implement all other 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 the equipment must meet the same requirements (including goal approval by FHWA or FAA) that TVMs must meet in FTA assisted procurements.
( f ) Recipients may establish project-specific goals for DBE participation in the procurement of transit vehicles 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]