R2009-101 AUTHORIZING LETTER RESPONSE TO POST-AWARD PROTEST

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�OF�FC,9 u �� '��'��,- CITY OF DECATUR ILLINOIS '��-_ #1 GARY K. ANDERSON PLAZA DECATUR, ILLINOIS 62523-1196 '��LI NO�S� June 15, 2009 Robert T. Babbitt,President McDonald Transit Associates, Inc. rive Suite 175 3800 Sandshell D , Fort Worth, Texas 76137 RE: Post-Award Protest Request for Proposals—Transit Management City of Decatur, Illinois Dear Mr. Babbitt, On June 9, 2009, the City of Decatur received your Post-Award Protest letter, dated June 5, 2009, concerning the Decatur City Council's decision to award a transit management contract to First Transit, Inc. In your letter you state two complaints: • "Durin the Council meetin First Transit was asked to and agreed to modify g �� their competitive proposal. Our firm was not given the same opportunity." and �• "In the council meeting,the objective criteria were not used." Concerning your first complaint, you do not state what modification of their proposal First Transit was allegedly asked to make. I assume that you are xeferring to the issue of providing an , annual customer service survey as part of the management fee. The video of the June 1 St City Council meeting shows that there was discussion about annual surveys, and that First Transit stated that the firm would provide an annual survey at no additional charge. But the video clearly shows that First Transit was not asked to modify their proposal. Please also note that the contract was not amended to require an annual survey at no additional charge. The contract was prepared by staff and delivered to the City Clerk before the City Council meeting, and it was not changed in any way during or after the meeting. Concerning your second complaint, the City Council did consider the objective criteria specified in the Request for Proposals (RFP)before making its decision. Council members were informed before the meeting of the seven criteria that were used by the Evaluation Committee to score the two firms. In Attachment 1 to your letter, you included the following documents that were sent to all Council members by the City Clerlc before this meeting: • A memo from the City Manager and the Mass Transit Administrator suinmarizing the procurement process and the Evaluation Coxnmittee's work; • The Bid Tabulation sheet showing the transit management fees proposed by both firms; and America's A.qribusiness Center