Matthew Mitchell wrote:
Actually, Rotem was announced as the winner the first time around, which is why Kawasaki threatened to sue and have Rotem declared unqualified. The grounds for the action (I've seen the papers) was SEPTA illegally changing the qualification requirements without reopening the process. Initially, there was a requirement for bidders to have experience making FRA compliant stainless steel cars. Rotem lacked that experience, so SEPTA dropped that requirement in the middle of the process. Meanwhile several other builders didn't bid because they didn't meet the experience requirement. Had they known the requirement would be dropped, they might have competed.
Faced with a pretty solid case against them, SEPTA cancelled the contract award and started over with a new RFP, without any requirement for having built FRA cars. Rotem and Kawasaki were virtually equal on cost (Rotem was cheaper for the initial order, while Kawasaki was cheaper if you counted the option cars), while Kawasaki was far superior on technical qualifications (Rotem was worst of the four bidders). Citing their low bid on cost, SEPTA awarded the contract to Rotem.
Was it really that solid? i.,e., did SEPTA just ignore the experience requirement, or did they actually release an amended copy of the spec, or update, dropping it. If it's the latter, there's really not much of a case, unless it was RIGHT before bidding, or such, and in that case, I'd imagine a number of other vendors would have complained besides Kawasaki.
I'd be curious what the four bidders were - Kawasaki, Rotem, Bombardier, and Almost? Or was it Siemens?
Remember that if it weren't for those shenanigans, we'd probably have Silverliner Vs on the property by now.
Given the location of Rotem's assembly facility, and the way this all happened, I'm guessing someone told SEPTA that Rotem was going to be the winner, long before the bids came in. That kind of stuff happens all the time, everywhere - Bombardier was quite publicly upset with CDOT/Metro-North's selection of Kawasaki for the M-8, and I bet they were as surprised as everyone else w.r.t. to the selection, and for reasons other than they thought their proposal/price was better than big K's.