[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR661.13]

[Page 86-87]
 
                        TITLE 49--TRANSPORTATION
 
CHAPTER VI--FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 661_BUY AMERICA REQUIREMENTS_SURFACE TRANSPORTATION ASSISTANCE ACT 
OF 1982, AS AMENDED--Table of Contents
 
Sec. 661.13  Grantee responsibility.

    (a) The grantee shall adhere to the Buy America clause set forth in 
its grant contract with FTA.
    (b) The grantee shall include in its bid specification for 
procurement within the scope of this part an appropriate notice of the 
Buy America provision. Such specifications shall require, as a condition 
of responsiveness, that the bidder or offeror submit with the bid a 
completed Buy America certificate in accordance with Sec. 661.6 or 
Sec. 661.12 of this part, as appropriate.
    (1) A bidder or offeror who has submitted an incomplete Buy America 
certificate or an incorrect certificate of noncompliance 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), may submit to the 
FTA Chief Counsel within ten (10) 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. The bidder or offeror will also 
submit evidence of intent, such as information about the origin of the 
product, invoices, or other working documents. The bidder or offeror 
will simultaneously send a copy of this information to the FTA grantee.
    (2) The FTA Chief Counsel may request additional information from 
the bidder or offeror, if necessary. The grantee may not make a contract 
award until the FTA Chief Counsel issues his/her determination, except 
as provided in Sec. 661.15(m).

[[Page 87]]

    (3) Certification based on ignorance of the proper application of 
the Buy America requirements is not an inadvertent or clerical error.
    (c) Whether or not a bidder or offeror certifies that it will comply 
with the applicable requirement, such bidder or offerer is bound by its 
original certification and is not permitted to change its certification 
after bid opening. A bidder or offeror that certifies that it will 
comply with the applicable Buy America requirements is not eligible for 
a waiver of those requirements.

[56 FR 932, Jan. 9, 1991, as amended at 68 FR 9799, Feb. 28, 2003]