Massachusetts Bay Transportation Authority BUY AMERICA CERTIFICATE MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (Federally-assisted Contract) SECTION (1); Certify only for IRON, STEELt or MANUFACTURED PRODUCTS: (Mark One) o CERTIFICATE OF COMPLIANCE WITH SECTION 165(a). The offeror hereby certifies that it will comply with the requirements of Section 165(a) of the Surface Transportation Assistance Act of 1982, as amended, and the applicable regulations of 49 CFR Part 661.5; --OR— o CERTIFICATE FOR NON-COMPLIANCE WITH SECTION 165(a). The offeror hereby certifies that it cannot comply with the requirements of Section 165(a) of the Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception to the requirement pursuant to Section 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and regulations in 49 CFR Part 661.7. SECTION (2); Certify only for ROLLING STOCK and ASSOCIATED EQUIPMENT: (Mark One) o CERTIFICATE OF COMPLIANCE WITH SECTION 165(b)(3.). The offeror hereby certifies that it will comply with the requirements of Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the applicable regulations of 49 CFR Part 661.11; --OR,- o CERTIFICATE FOR NON-COMPLIANCE WITH SECTION 165(b)(3). The offeror hereby certifies that it cannot comply with the requirements of Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception to the requirement consistent with Section 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and regulations in 49 CFR Part 661.7. SECTION (3); OFFEROR'S SIGNATURE: (Sign, date and enter your title and the name of your company) _______________________________________ Signature ______________________ Date __________________________________________________________________ Title ____________________________________________________________________________ Name of Company/Offerer MBTA Commuter Rail Procurement June 12, 2013 1 of 1 RFP ITP Appendix D – Forms Buy America Certification RFP No. 159-12