July 1, 2011
San Diego Friction Products, Inc.
445 16th Street
San Diego, CA 92101
Subject: Incorrect Buy America Certificate
Dear Mr. Woldt:
I write in response to your letter dated April 28, 2011, asking for permission to correct the Buy America certificate you signed and submitted to the San Diego Metropolitan Transit System in connection with your company’s bid (MTS DOC. NO. B0556.0-11), dated April 18, 2011. Enclosed with your letter was a signed affidavit indicating that you inadvertently signed and submitted a Certificate of Compliance due to clerical error, and that the product you intend to supply is produced in Mexico, and not in the United States. In accordance with the Buy America rules of 49 U.S.C. § 5323(j), as implemented at 49 C.F.R. Part 661, you would like to change your certification from compliance to non-compliance.
I hereby grant your request for permission to correct your Buy America certificate. Federal Transit Administration (FTA) regulations permit a bidder or offeror to change its certification from compliance to non-compliance if the bidder or offeror contacts the Chief Counsel within ten days of bid opening and provides a sworn statement explaining the circumstances surrounding the submission of the incomplete or incorrect certification and information about the origin of the product it intends to supply. You have satisfied these requirements and may amend your certificate accordingly.
Please note that submitting a certificate of non-compliance will render your bid ineligible for FTA funding unless the San Diego Metropolitan Transit System receives a waiver from FTA in accordance with 49 C.F.R. Part 661.7. FTA grants waivers in very limited circumstances, and only when in the public interest, when an item for which a waiver is sought is not available, or when the price differential is greater than 25 percent. A waiver has not been issued for this procurement.
Dorval R. Carter, Jr.
FTA grants San Diego Friction Producs, Inc. permission to correct its Buy America certificate from compliance to non-compliance.