Updated Guide to Buy America Requirements—2015 Supplement (2017) / Chapter Skim
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Pages 50-52
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50 for the Central District of Illinois disagreed, and remanded the case back to Illinois state court: While that determination will necessarily entail an analysis of whether Plaintiff complied with the [FTA Buy America provision] and if Plaintiff 's Buy America Certification Form constituted a material variance, the Court finds that the Plaintiff 's complaint alleges a state law cause of action and that the interpretation and application of the Buy America provision of the STAA in this context does not require the resolution of a substantial question of federal law.573 In short, although a disappointed bidder's options are limited, there will typically be some avenue by which the disappointed bidder can seek judicial review of a given agency's application or interpretation of the FTA Buy America provision.
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From page 51... ...
51 FY 2020, the FTA Buy America provision will continue to present challenges to FTA, its grant recipients, and their contractors and manufacturers for the foreseeable future. If history is any indication, the FTA Buy America provision will continue to be refined through the rulemaking process, to address compliance challenges faced by FTA grant recipients.
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