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United States Department of Transportation United States Department of Transportation

Charlotte Area Transit System (CATS) - December 23, 2014

Pete Dawley 
Fleet Sales Manager, Benson CDJ 
c/o John Schmidt 
Schmidt & Copeland 
1201 Main Street, Suite 1100 
Columbia, SC 29201

Dear Mr. Dawley:

I write in response to your email and letter dated December 8, 2014, in which you ask FTA to determine whether, due to inadvertent or clerical error, you should be allowed to correct the Buy America certificate you submitted to Charlotte Area Transit System along with your bid to perform work on contract ITB 269-20140206002 for minivans.

FTA cannot allow you to re-certify in this instance. Under the Buy America regulations, which implement 49 U.S.C. § 5323(j), a bidder or offeror who has submitted an incorrect certificate of noncompliance through inadvertent or clerical error may request that it recertify. 49 C.F.R. § 661.13(b)(l). However, the regulations specifically state that inadvertent or clerical error does not include a situation where the bidder or offeror submits certificates of both compliance and non-compliance. Id. Based upon your December 8, 2014 letter, you prepared and submitted two conflicting certifications. Because the Buy America requirements prohibit re-certification under these circumstances, FTA cannot allow you to re-certify here.

Please contact Assistant Chief Counsel for General Law Cecelia Comito at 202-3 66-221 7 or cecelia.comito@dot.gov, if you have further questions.

Sincerely, 


Dana Nifosi 
Acting Chief Counsel

Last updated: Monday, October 12, 2015