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process and, as such, have been treated as information requests under the California Public
Records Act (CPRA). SBCAG provided American Star with all SBCAG documents and files
regarding this matter.2 American Star continues to confuse CPRA requests with the established
bid protest procedures and timeline, and in fact, continues to improperly insert CPRA requests
in their most recent protest filing.
On June 23, 2004, SBCAG met with representatives of American Star to discuss the protest.
No resolution was reached and American Star elected to request further consideration of its
protest as per the RFP Protest Procedures. On July 30, 2004, SBCAG received American
Star’s final argument for the protest (attached). American Star has requested that a third party
consultant be hired to resolve the protest. Rather than further delay the RFP and spend
SBCAG resources on a consultant, the Executive Director has elected to make a
recommendation to the Board to resolve the protest immediately by canceling the 2004 RFP
and issuing a new RFP. As per the protest procedures, all of the 2004 RFP bidders, including
American Star, were sent a copy of the 2004 RFP protest staff recommendation and were given
an opportunity to submit comments. SBCAG has received one letter from American Star
regarding the staff recommendation (attached).
Included in American Star’s protest are objections to the 2003 RFP, the 2004 RFP and the July
15, 2004 amendment to the current Clean Air Express contract with Santa Barbara Airbus. For
the purpose of this protest recommendation, it is important to differentiate between American
Star’s objections to the 2003 RFP and their protest made against 2004 RFP. Since the 2003
RFP was cancelled upon the issuance of the 2004 RFP, American Star’s objections to the 2003
RFP are not relevant to the 2004 RFP protest and therefore are not addressed in this staff
report. Furthermore, American Star’s objections to the amendment to the existing Clean Air
Express contract with Santa Barbara Airbus are also not relevant to the 2004 RFP protest and
are thus not addressed in this staff report.3 The protest arguments relevant to the 2004 RFP
can be categorized into four general items:
American Star alleges that:;
1. SBCAG does not have written procurement selection procedures and therefore,
SBMTD’s procurement manual applies to the 2004 RFP;
1 Copies of the correspondence memos and letters between American Star and SBCAG are available on request.
2 SBCAG has provided American Star with all of the SBCAG Clean Air Express digital and physical documents and files except for
confidential correspondence with County Counsel, personal contact information of Clean Air Express passengers and Clean Air
Express artwork and graphics files.
3 It is important to note that the contract amendment was not intended to replace the current operator RFP process. The contract
amendment was allowable under the 2002 contract provisions, complies with the federal procurement requirements, and is not a
protestable action. As per the amended contract with Santa Barbara Airbus, beginning September 1, 2004, SBCAG will begin using
Federal CMAQ Operating funds to finance the expansion of the Clean Air Express. On such date, SBCAG and the Santa Barbara
Airbus must be in full compliance with all FTA federal operating regulations. SBCAG staff is working closely with SBMTD (the FTA
Grantee for this project) to insure compliance with all the applicable federal requirements.
3
2. the 2004 RFP was in violation of Federal Regulations;
3. the 2004 RFP selection process was unfair; and
4. the insurance provisions were unclear, giving Santa Barbara Airbus an unfair
advantage.
SBCAG Findings:
After reviewing the protest, the 2004 RFP process and the FTA Circular 4220.1E - Third Party
Contracting Requirements, staff finds the following:
Allegation 1: The 2004 RFP contained detailed written procurement selection procedures.
These procedures are consistent with the FTA Circular 4220.1E - Third Party Contracting
Requirements for Written Procurement Selection Procedures. SBMTD’s procurement policies
are not relevant to the 2004 RFP and do not apply. SBCAG is in full compliance with the written
procurement selection procedures contained in the 2004 RFP.
Allegation 2: The 2004 RFP complies with federal procurement requirements. Many of
American Star’s references to the federal requirements are misinterpreted or are not applicable
to the RFP method of procurement. The 2004 RFP document contained all necessary federal
provisions.
Allegation 3: The 2004 RFP selection process was full, open and competitive, as defined by
the federal procurement requirements. There was no preferential treatment extended to any of
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