[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR663.39]

[Page 113]
 
                        TITLE 49--TRANSPORTATION
 
                             TRANSPORTATION
 
PART 663--PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES--
Table of Contents
 
                     Subpart C--Post-Delivery Audits
 
Sec. 663.39  Post-delivery audit review.

    (a) If a recipient cannot complete a post-delivery audit because the 
recipient or its agent cannot certify Buy America compliance or that the 
rolling stock meets the purchaser's requirements specified in the 
contract, the rolling stock may be rejected and final acceptance by the 
recipient will not be required. The recipient may exercise any legal 
rights it has under the contract or at law.
    (b) This provision does not preclude the recipient and manufacturer 
from agreeing to a conditional acceptance of rolling stock pending 
manufacturer's correction of deviations within a reasonable period of 
time.