Keolis Commuter Service New Operator of the CR Discussion

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Re: Keolis Commuter Service Wins CR for 8 Years

Postby daytripper1 » Mon Feb 10, 2014 5:46 am

Come July 1, the trains will run. And operations wise it'll be no better or worse than on June 30th.

I don't believe MBCR will be successful in obtaining an injunction. Keolis will be allowed to begin mobilization. MBCR will continue to fight this in the courts, and at some point will settle with the MBTA.

Now, let's say that MBCR does get the injunction to prevent Keolis from assuming operations July 1. July 1 MBCR will continue to operate. And there's already recent precedent. The original contract with MBCR was for 5 years, commencing July 1, 2003. There were two option clauses; a (2) year and a (3) year, both of which were exercised. Which means MBCR would have been done on June 30th of last year, yet they still run the service. MBCR was allowed to continue past the length of the agreement to operate, under the terms that were in place on June 30th 2013. So theoretically, if MBCR gets to tie this up in the courts for years and has an injunction against Keolis to operate, MBCR will plug along doing what they've been doing for almost 11 years now.

However, I still see Keolis running the operation in July, with MBCR chasing the T through the courts until they get their settlement.
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby sery2831 » Mon Feb 10, 2014 11:24 am

Thank you! Very well said and 100% accurate!
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby RailBus63 » Thu Feb 13, 2014 1:14 pm

I'm surprised that no one has commented on Keolis's mention in the customer service section of the potential of rebranding the MBTA commuter rail system and using it to build an eastern New England regional rail network. This is probably a big reason why they seem willing to underbid MBCR to get the contract and then plan to pour significant resources into improving the system.
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby wicked » Thu Mar 06, 2014 3:56 am

As expected, MBCR suing.

https://www.bostonglobe.com/metro/2014/ ... story.html

"A draft of MBCR’s court filing provided to the Globe contends that Keolis lied about its record of accidents and fatalities in Europe and failed to meet requirements for hiring minority-owned subcontractors. It also says the Massachusetts Bay Transportation Authority helped guide Keolis through the bidding procedures, in some cases coaching it on navigating the process. In addition, MBCR alleges the narrow profit margin Keolis outlined is too risky to be realistic."
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby tvachon » Thu Mar 06, 2014 6:19 am

I think the worst part is the last ask (emphasis mine) in this excerpt from the article (for riders particularly):

"MBCR officials are asking a Suffolk Superior Court judge to halt the hand-off process; demand that the T expedite a review of a pending administrative challenge MBCR filed last month; hold a hearing to overturn the T’s final decision; and require the T to either return the contract to MBCR or scrap the results and rebid the contract."

If this ends up winning, and I would think its unlikely, but who knows in iur backasswards at times legal system, and it's forced to bid again, it's a default win for MBCR. No one will pony up cash (20M if I remember right from Koelis in expenses and fees) to fight them again
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby octr202 » Thu Mar 06, 2014 7:53 am

I think it's almost a wild card on who would bid if it were forced to a re-bid. A lot of bidders wouldn't play because they feared it was a lost cause - MBCR had the contract sewn up. Now everyone knows just how unhappy the MBTA/MassDOT is with MBCR, and I suspect it might tempt some back into the water.

MBCR's going to end up with a bad reputation out of this, but as has been stated, they don't appear to be worried about landing any contracts other than this one. Nothing to lose.

Let's just hope the courts can deal with this quickly. Months of court-mandated contract limbo will do no good for anyone.
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby F-line to Dudley via Park » Thu Mar 06, 2014 9:13 am

I doubt this has got much risk of being overturned. The documentation behind the Keolis win is pretty extensive. To get a do-over there has to be an almost unprecedented screw-up or gaping holes in the process, and that's just not evident from the mountain of docs that have been made public. MBCR is the one who's been flippantly obtuse on the transparency front, not the T/MassDOT or Keolis.

This is "Operation Chaos", pure and simple. The MBCR partnership's 3+ months away from being dissolved and going its separate ways. That name will never show up in another bid and has limits to how much it'll tar Bombardier and Alt. Concepts (Veolia...different story, but they've been reeling ever since the Metrolink debacle and screwed the pooch as a North American commuter rail player so they're probably already taking the write-off and retrenching into their core bus and light rail domestic biz). So while it's not quite a "most dangerous person is the one with nothing left to lose" situation, they don't lose very much by leaving some superficial scratches and drawing a little blood before they disband.

I don't know how we could've expected any less from an outfit that didn't and shouldn't have existed at all were it not for heavy-handed political favoritism. They came in smelling a bit foul, they're going to go out leaving a stench. The state bought into a surefire messy divorce when it gave out this contract in the first place. And did so with full knowledge, because the players who doled out this contract all knew they'd have traded-up/fallen-up to better jobs and perks long before the next contract, and that it would be somebody else's toxic mess to clean if things went south. Nobody is surprised at how this is ending. Since no contracted operator is ever going to be everlasting, this ultimate ending has been fated since 2004.
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby NH2060 » Thu Mar 06, 2014 8:45 pm

RailBus63 wrote:I'm surprised that no one has commented on Keolis's mention in the customer service section of the potential of rebranding the MBTA commuter rail system and using it to build an eastern New England regional rail network.

Not to potentially go off topic, but actually rebranding the CR? Aside from SCR, the CapeFLYER, Westerly, and maybe NH I don't see how there could be such a network. I wonder how bold a plan/vision Keolis would have for this..
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby TrainManTy » Fri Mar 07, 2014 1:12 pm

Keolis has updated their web presence to reflect their new operation. Keolis North America has a pan-zoom image of #1126 outbound at Lincoln Station and Keolis Commuter Services has a countdown clock until they take over from MBCR.
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby ns3010 » Fri Mar 07, 2014 6:21 pm

They had that countdown clock running even before the official contract announcement!
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby Tom Barker » Sat Mar 08, 2014 10:29 am

TrainManTy wrote:Keolis has updated their web presence to reflect their new operation. Keolis North America has a pan-zoom image of #1126 outbound at Lincoln Station and Keolis Commuter Services has a countdown clock until they take over from MBCR.


As excerpted from Keoliscs.com

DBE Program

We are excited about working with Massachusettes DBE companies in the fulfillment of its public transportation services.

====> welcome to the state.
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby NH2060 » Wed Mar 19, 2014 10:47 pm

The T shoots down MBCR's petition:
http://www.bostonglobe.com/metro/2014/0 ... story.html
And their response?
Company officials were disappointed, but not surprised, by the outcome of the administrative bid protest, said MBCR spokesman Scott Farmelant.

“When two-plus years of time is invested, there is an expectation that the rules matter and that the procurement process is sacrosanct,” he said. “It’s clear here that the details in the proposal did not matter.

Sounds like they've.. at least sort of taken it well.
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby tvachon » Thu Mar 20, 2014 5:28 am

NH2060 wrote:The T shoots down MBCR's petition:
http://www.bostonglobe.com/metro/2014/0 ... story.html
And their response?
Company officials were disappointed, but not surprised, by the outcome of the administrative bid protest, said MBCR spokesman Scott Farmelant.

“When two-plus years of time is invested, there is an expectation that the rules matter and that the procurement process is sacrosanct,” he said. “It’s clear here that the details in the proposal did not matter.

Sounds like they've.. at least sort of taken it well.


They can still go for the injunction and lawsuit. That is the T handling it propyl per the bid rules so far.
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Re: Keolis Commuter Service Wins CR for 8 Years

Postby CRail » Thu Mar 20, 2014 1:24 pm

They've been dealing with these clowns for almost 11 years now, and the legal dept. has had their right eye locked on to them for 12 of those 11. They know they have to dot their Ts and cross their eyes with these guys. They can play all the games and throw all the tantrums they want, they're still out!
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