New Jersey Transit

Mr. Jeffrey Warsh
Executive Director of New Jersey Transit
New Jersey Transit
One Penn Plaza East
Newark, New Jersey 07105-2246

Re: Petition by Macton Corporation to Investigate New Jersey Transitís Violations of Buy America

Dear Mr. Warsh:

I am in receipt of your correspondence of December 8, 1999, including the list of contracts and major subcontracts requiring certifications, copies of Buy America Certifications, and the list of contracts requiring no certification. Based upon the representations in this recent correspondence, it appears that

New Jersey Transit (NJT) took immediate steps to review all the certifications and contracts for the Newark City Subway Vehicle Base Facility Turnkey Project. A review of these contracts and certifications has revealed that none were in violation of the Buy America regulation.

Further, according to the information you have provided, the contract for the underfloor car lifting equipment, which was the subject of the initial inquiry, has not been awarded. Due to the Buy America inquiry and various technical issues, NJT has directed the prime contractor, Twenty-First Century Rail, to cancel the existing bid and re-solicit pricing for those lifts, implementing the appropriate Buy America requirements.

It appears that you have addressed all of the Federal Transit Administrationís concerns surrounding this procurement. Thank you for prompt attention to this matter. If you have any questions, please do not hesitate to contact Meghan G. Ludtke at (202) 366-4011.

Very truly yours,

Gregory B. McBride
Deputy Chief Counsel

cc: Letitia Thompson
Regional Administrator

Letter of determination to NJT responding to Macton's petition to investigate NJTís violation of Buy America. See below.

January 28, 2000 Re: Macton Corporation