[Code of Federal Regulations] [Title 49, Volume 7] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR663.39] [Page 94] TITLE 49--TRANSPORTATION CHAPTER VI--FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF 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.