This afternoon, I finally had a chance to chat with Scott Monett, who heads the organization TysonsTunnel.org. As I wrote earlier today, I was not sure what to make of this ("Group Ends Suit to Block Planned Metro Line to Dulles"). Now, I have a better understanding thanks to Scott. The following is what I gathered from my conversation with him (quotes are by Scott).
*"Everyone is saying that there was competition, but that was merely a competition of concepts" (e.g., Bus Rapid Transit vs. rail).
*"It's an outright lie to say that there was competition/competitive bidding for this project." (for more on this issue, courtesy of TysonsTunnel.org, see the "flip")
*TysonsTunnel.org withdrew its lawsuit because it appears the FTA and USDOT agree that projects that were not competitively bid are not going to get federal funding. In short, TysonsTunnel.org withdrew its lawsuit because "nothing's happening right now."
*The lawsuit is only withdrawn for now; TysonsTunnel.org is reserving the right to file a much stronger lawsuit at a later date, based on the requirement that any project receiving federal funding go through a free and fair competitive bidding process.
*The FTA's concerns, laid out in their letter to Gov. Kaine on January 24, need to be addressed.
*The key for TysonsTunnel.org is that this project be competitively bid -- that is "essential." This is "reasonable," "logical," "good public policy," "in the public interest" and "best for all concerned."
*"The longer it takes for the other side to realize that the project [as it's current configured] is broken and has fatal flaws, the longer it will take to fix it and move forward. The faster they get out of the way, the faster we'll get it done. Let's get it fixed so we can get moving forward already."
*"I'm a rabid transit person and totally support Metrorail to Dulles. It's a no-brainer, but it needs to be done right."
*Finally, according to Scott Monett, "WestGroup still supports what we're trying to do."
"Competitive Phase"?* Raytheon submitted an unsolicited proposal under the PPTA in December 1998 for a "guaranteed fixed-price contract for a design-build-operate-maintain" (DBOM) bus rapid transit project in the Dulles Corridor plus final design for rail.
o On December 20, 1998, VDRPT advertised a public notice soliciting other proposals in the Roanoke Times, Virginia Pilot-Ledger Star, Richmond Times Dispatch, Fairfax Journal, and Washington Post - advertised in only one national paper (Washington Post) and no international papers (e.g. Wall Street Journal, etc.). The notice gave only a 30-day window over the Christmas holiday for other parties to make proposals on "the Dulles Corridor Transportation System." This was the entire "Request for Proposal" phase of the "competition," the entire description of the project, and the entire response period.
o Only Bechtel, who had previously been tracking the project, submitted a competing proposal in January 1999. Their proposal did not offer a "guaranteed fixed-price design-build-operate-maintain (DBOM)" contract.
o In July 1999 after oral presentations, Raytheon was selected and Bechtel was not. The "winner" had been identified in this "competition" before the project, approvals, price, or even the scope of the project had even been determined.
o This essentially concluded the "competitive" process.
o No detailed proposal and no pricing whatsoever had been offered or competed by either "competitor" on the work being sole-sourced today - a design-build contract for rail -- a contract valued in the billions ($4+ billion) funded entirely with public, taxpayer money.