Monday, August 19, 2019
Hawai'i Free Press

Current Articles | Archives

Saturday, June 25, 2011
Full Text: City Rejects Rail Bid Protests
By News Release @ 1:25 PM :: 6434 Views :: Ethics, Rail

FOR IMMEDIATE RELEASE June 24, 2011
REVIEW OF BID PROTESTS FINDS CITY COMPLIED WITH PROCUREMENT LAWS AND PROCEDURES

News Release from City and County of Honolulu, Department of Budget and Fiscal Services

(Fri., June 24, 2011) – The City’s Department of Budget and Fiscal Services (BFS) has rejected two bid protests regarding the awarding of the core systems contract for the Honolulu Rail Transit Project. BFS found “no procedural or legal violations in any aspect of the procurement” for the contract.

“The protests were thoroughly reviewed, each point was considered, and on all counts the finding was that procurement law and procedures were followed throughout the evaluation and selection process,” said BFS Deputy Director Nelson Koyanagi. The City has notified the two offerors who filed protests – Sumitomo Corporation of America and Bombardier Transportations (Holdings) USA Inc. – that their claims were rejected.

The core systems contract, which consists of manufacturing the train vehicles and providing the system’s control center, was awarded to Ansaldo Honolulu in March. As to Sumitomo, despite its claims to the contrary, the City’s review found that Ansaldo was in fact a qualified offeror and Ansaldo’s proposal provided the best value for taxpayers. Sumitomo’s allegations were reviewed and found to be unsubstantiated, according to the letter from the City.

Other findings of the review include:
--Sumitomo’s allegation that Ansaldo’s pricing for the contract is higher than Sumitomo’s is simply false. While operation and maintenance costs and design-build costs varied for both vendors, the pricing evaluation was “based on the entire proposal, not individual segments,” the City’s response to Sumitomo stated. It is indisputable that the cost to taxpayers would be lower under the Ansaldo proposal considering both DB (design-build) and O&M (operation and maintenance) costs, the letter said.

Sumitomo’s allegation that Ansaldo’s pricing is imbalanced because it shifted design-build costs to operation and maintenance costs is not supported by the facts, the investigation showed. In addition, Sumitomo’s pricing with much larger payments up front is not in the taxpayers’ best interest, the review found.

--Sumitomo’s claim that the City did not properly consider Ansaldo’s past performance as part of the bid proposal is incorrect. Past performance records for all three offerors of the project, including Ansaldo, were
evaluated during the first part of the Request for Proposals (RFP) submitted by the offerors. All offerors were required to submit previous records involving completion schedule, quality of work, claims history, terminations, disciplinary actions, and safety records.

--Sumitomo’s assertion that Ansaldo was non-compliant in regards to its train control system is not factual. Ansaldo’s specifications meet the requirements of the RFP, the letter stated.

As to Bombardier, the City’s review concluded that Bombardier’s claim that the City’s contract selection process was flawed, is unfounded. This review also noted that Bombardier’s proposal did not follow the City’s guidelines.

--Bombardier’s bid proposal was submitted with conditions to cap its liability, making the bid non-responsive, or ineligible. “It is undisputed by Bombardier that its proposal was conditioned,” the letter stated. According to the letter, the City repeatedly cautioned all three offerors that conditioned proposals would be rejected. In addition, the Hawaii Administrative Rules governing procurement state: “Any offer which is conditioned upon receiving a contract other than as provided for in the solicitation shall be deemed nonresponsive and not acceptable.”

The review determined that Bombardier provided no credible reason to reverse the decision that it was non-responsive and had conditioned its proposal, and denied the company’s request to rescind the award.

The protestors may appeal these decisions within seven calendar days to the Office of Administrative Hearings at the State Department of Commerce and Consumer Affairs (DCCA) by requesting an administrative hearing. The DCCA hearings officer must issue a decision within 45 days of an appeal.

---30---

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

Affordable Hawaii Coalition

ALEC

Alliance Defending Freedom

Aloha Conservative Alliance

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT