July 21, 2010

Norman Diamond
President
Nextek Corporation
3300 Commercial Avenue
Northbrook, IL 60062

Re: Buy America Waiver

Dear Mr. Diamond:

This letter responds to your April 22, 2010, request for a Buy America non-availability waiver for the BV-6200 Bill Tekpak ("BV-6200") that is manufactured in Japan by Toyo Networks & Systems Integration, Ltd. (TNSi) for use in ticket vending machines. For the reasons below, I have determined that a non-availability waiver is appropriate here.

The Buy America requirements, with few exceptions, require that all steel, iron and manufactured goods used in PTA-funded projects be produced in the United States. One such exception is that of non-availability-that in some instances steel, iron, and goods produced in the United States are not produced in the United States in sufficient and reasonably available quantities or are not of a satisfactory quality. Therefore, Congress authorized FTA to waive the above requirement and allow, based on non-availability, the use in an FTA-funded project of steel, iron or manufactured goods produced outside of the United States.

On October 20,2006, after calling for notice and comment, FTA granted a nonavailability waiver to the Nextek Corporation (Nextek) for the BV -6000. Consistent with FTA practice, the waiver was valid for a period of two years, or until such time as a domestic source for this type of manufactured project became available. In two years time, and because no such domestic supplier had surfaced, FTA renewed the waiver for an additional two years, or until such time as a domestic source for this type of manufactured product became available. 

The BV-6200 is very similar to the discontinued BV-6000. Both machines provide bill processing in ticket vending, automatic fare collection and automatic teller machine services. They both have the following features: 'accepts multiple currencies, any fourway orientation bill insertion, 15 bill escrow, 1,000 bill cashbox, optical/magnetic bill recognition, high acceptance rate with security, less than 2 seconds for bill processing, one-way bill transport system, internal transaction memory for auditing and testing, easy access without any tools, and the ability to free jammed bills and clean bill guideways easily.

Based on the similarities between the BV-6000 and the BV-6200, Nextek's representation that the BV-6200's only difference is that it employs better electronics, and the fact that after years of waivers no domestic manufacturer has stepped forward, FTA finds that the BV -6200 or equivalent is not available from a domestic source. Therefore, FTA hereby grants Nextek a non-availability waiver for the BV-6200. This waiver shall remain valid for two years, or until such time as a domestic supplier becomes available, whichever occurs first.

Sincerely,

Dorval R. Carter, Jr.
 Chief Counsel