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Waivers & Decision Letters - Investigations

 

Second Avenue Subway Project's Water Mist Fire Suppression System  01/06/2015 

FTA determined that a water mist fire suppression system procured by the New York MTA for its Second Avenue Subway project constitutes a manufactured end product, and its respective components must be manufactured in the United States.

CAF-Houston METRO 10/01/2010 

Letter from FTA to CAF denying CAF's Request for Reconsideration nd offering guidance on FTA's Buy America rules. 

Report of Investigation -- Houston METRO -- Buy America and Procurement - 09/03/2010 

This Report of Investigation explains and documents our finding of three substantial violations of FTA's Buy America and procurement rules:

1. METRO and CAF violated FTA's Buy America requirements. This began with METRO's release of a Request for Proposals (RFP) that stated FTA's Buy America requirements did not apply to the procurement; continued with METRO's unsupported evaluation of the various offeror's Buy America compliance, including the Certificate of Compliance submitted by CAF; and culminated with METRO's decision not to require CAF to meet its contractually mandated Buy America obligations and to circumvent the Buy America requirements by entering into a separate, locally funded contract with CAF for the pilot vehicles;

2. METRO violated FTA's competitive procurement rules when it chose to negotiate with one of the offerors, CAF, to the exclusion of all other offerors, and allowed that offeror to continue revising its price while refusing to allow other offerors the opportunity to present their Best and Final Offers (BAFOs); and

3. METRO’s LRV procurement was flawed due to the sum of many failures, including the lack of an adequate procurement plan, the lack of an adequate source selection evaluation plan, METRO’s failure to disclose all evaluation factors in the solicitation, METRO’s failure to inform potential offerors of the relative importance of those factors that were disclosed in the evaluation, METRO’s use of undisclosed changes in evaluation factors, and METRO’s failure to perform a complete best value analysis.

Letter to Houston METRO -- Buy America and Procurement Investigation - 09/07/2010 

This letter describes the actions Houston METRO must take to remain eligible for FTA funding following the negative results of FTA's investigation.

Houston METRO / CAF -- Decision Letter - 09/07/2010 

FTA finds several violations of its Buy America and procurement rules by Houston METRO and CAF.

Midwest Bus Corporation / Milwaukee County Transit System - 08/11/2010

FTA upholds its March 1, 2010, decision determining that the Byk-Rak brand bicycle racks supplied by the Midwest Bus Corporation to the Milwaukee County Transit System failed to meet the Buy America requirements.  

Houston METRO / CAF / Parsons Transportation Group - 04/23/2010

The Federal Transit Administration initiates an investigation into Houston METRO, Parsons Transportation Group, and Construcciones y Auxiliar de Ferrocarriles (CAF), regarding the production of Light Rail Vehicles in Spain for use on the federally funded North and Southeast Corridor projects.

Milwaukee County Transit System / Midwest Bus Corporation - 03/01/2010 

FTA finds that Midwest Bus Corporation failed to comply with the Buy America requirements when it supplied bus-mounted bicycle racks to the Milwaukee County Transit System.

Updated: Wednesday, March 16, 2016
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