David L. Ferstendig, Esq.
Attorney at Law
292 Madison Avenue
New York, NY 10017

Re:  Incorrect Buy America Certificate

Dear Mr. Ferstendig:

I write in response to your letter dated June 16, 2010, on behalf of your client Fine Organics Corporation (“Fine Organics”), in which you ask FTA for permission to amend an incorrect Buy America certificate submitted by your client in connection with its bid to provide washing detergents and cleaning solutions to the Southeastern Pennsylvania Transit Authority (“SEPTA”).  With its bid, Fine Organics President Gary F. Strab inadvertently signed both a Certificate of Compliance and a Certificate of Non-Compliance.  

FTA cannot allow your client to re-certify in this instance.  The Buy America regulations are quite rigid on this point.  According to 49 CFR 661.13(b)(1), a bidder or offeror may not re-certify if its error was the “submission of certificates of both compliance and non-compliance.”  Because this was the error made by your client, FTA cannot permit a re-certification.  I hope you will understand that FTA’s regulations exist to protect the integrity of competitive procurements. 

Feel free to contact Jayme Blakesley at jayme.blakesley@dot.gov with questions.

Sincerely,

Dorval R. Carter, Jr.
Chief Counsel