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Amtrak challenges VRE's planned contract with French firm

(The following story by Jennifer Buske appeared on the Washington Post website on October 30, 2009.)

WASHINGTON, D.C. — Amtrak is challenging a recommendation made by Virginia Railway Express officials this month that VRE abandon its 17-year relationship with Amtrak and allow an international company to operate and maintain the commuter rail service's fleet.

On Friday, Amtrak officials sent VRE a letter challenging its intent to award a five-year, roughly $85 million contract to Keolis Rail Services America -- a U.S subsidiary of a French company. The contract, which needs to be approved by the Northern Virginia and Potomac and Rappahannock transportation commissions Nov. 5, would give Keolis its first foothold in the U.S. transportation industry.

"As one of the bidders, we have the right to challenge," Amtrak spokesman Steve Kulm said. "We believe that we provided good service to VRE and its passengers, and we would have liked to continue on in that capacity."

Amtrak officials said there might have been some "improper scoring" done when VRE reviewed the four applicants who applied for the operation and maintenance contract the commuter rail service opened to bids in May. Amtrak claims VRE's request for the proposal stated that 80 percent of the scoring would be based on an applicant's "performance and experience," and Keolis has no experience operating under U.S. rail safety and security regulations, Amtrak officials said.

VRE spokesman Mark Roeber said 80 percent of the scoring looked at commuter rail operations in totality, addressing everything from an applicant's experience and system safety to maintenance and management plans. The other 20 percent looked at cost effectiveness.

Kulm said Amtrak has also filed a Freedom of Information Act request, asking VRE to turn over copies of Keolis's proposal as well as evaluators' notes and score sheets. Once those are in Amtrak's hands, Kulm said, the company might challenge other aspects of the application review process.

According to the request-for-proposal document on VRE's Web site, the applicant can protest an award or a decision to award a contract in writing no later than 10 days -- not 10 business days -- after the decision to award or the award itself, whichever comes first. The VRE operations board made the decision to award the contract to Keolis on Oct. 16. No Amtrak officials were present at the meeting.

Roeber said VRE will respond to Amtrak's letter within 10 days, as well as to its FOIA request.

"VRE remains confident that all the appropriate and legal protocols were put into place, " Roeber said. "In the meantime, we will address Amtrak's concerns."

Monday, November 02, 2009

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