Kent I. Jackson
Vice President
Jenkins Construction, Inc.
985 East Jefferson Avenue, Suite 300
Detroit, Michigan 48207

Re:  Clerical Error on Buy America Certificate

Dear Mr. Jackson:

I write in response to your letter dated February 1, 2011, in which you asked the Federal Transit Administration (FTA) for permission to amend the incorrect Buy America certificate Jenkins Construction, Inc. (Jenkins) submitted with a bid to the Detroit Department of Transportation.  According to your letter, Jenkins’ President James Jenkins inadvertently signed the Certificate of Non-Compliance due to clerical error.  In fact, Jenkins is willing and able to comply with FTA’s Buy America requirements of 49 U.S.C. § 5323(j), as implemented at 49 C.F.R. Part 661.  

The Buy America regulations allow a bidder or offeror who has submitted an incorrect certificate of non-compliance through inadvertent or clerical error (but not including failure to sign the certificate, submission of certificates of both compliance and non-compliance, or failure to submit any certification) to submit to the FTA Chief Counsel within ten days of bid opening, a written explanation of the circumstances surrounding the submission of the incomplete or incorrect certification in accordance with 28 U.S.C. § 1746, sworn under penalty of perjury, stating that the submission resulted from inadvertent or clerical error.  49 C.F.R. § 661.13.

Jenkins submitted to FTA a timely, notarized statement explaining that it submitted a certification of non-compliance due to clerical error and that it is willing and able to comply with FTA’s Buy America requirements.  Based on the foregoing, I hereby grant Jenkins permission to re-certify in this instance.    

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

Sincerely,

Dorval R. Carter, Jr.
Chief Counsel