Subject: FW: CAF Materials / Background
From: "Michael Muldoon" <[email-masked]>
To: <[email-masked]>
Date: Thu, 7 Oct 2010 14:55:50 -0400

For Mike.

Mike Muldoon

Rosemont Seneca Partners, LLC

1010 Wisconsin Ave., NW

Suite 705

Washington, DC 20007

(202) 333-1880

[email-masked] <x-msg://134/[email-masked]>

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*From:* Eric Schwerin [mailto:[email-masked]]
*Sent:* Thursday, October 07, 2010 2:54 PM
*To:* Michael Muldoon
*Subject:* Re: CAF Materials / Background

Thanks in advance for looking into this. Attached are a number of documents
that will paint a clear picture of the background and current state of
affairs between CAF USA/Houston Metro/Department of Transportation.  The
crux of the issue is that FTA has issued a finding that Houston Metro, in
its awarding of a contract to CAF USA to construct rail cars for its metro
system, violated Federal “Buy America” provisions and federal procurement
rules.   As a result, FTA told Houston Metro that is must re-bid the rail
car contract or have federal funds withdrawn from the project.  Houston
Metro agreed to re-bid the contract, but CAF USA asked FTA to reconsider its
decision.   FTA subsequently denied CAF USA’s requests for reconsideration
and Houston Metro is continuing to follow FTA’s lead and working to rebid
the contract. CAF USA is prepared to litigate as necessary to resolve their
contractual rights with Houston Metro (Note: Houston Metro has already
offered to go to mediation). In addition, CAF USA believes it has found
legal inconsistencies in FTA’s interpretation of its own “Buy America”
waiver provisions and is preparing to write a letter to the Secretary of
Transportation. The letter should outline CAF USA’s case and can highlight
the fact that Kawasaki was granted a “Buy America” waiver in a similar
instance (Attachment #7) and in a manner that is clearly inconsistent with
the letter FTA wrote to CAF and FTA’s own internal policies. We want to
ensure this document has a strong legal foundation and is worded in a way
that will get DoT’s attention – and not simply allow them to reiterate FTA’s
findings that the case is closed.

Ultimately, CAF needs a firm that can represent their issues before FTA and
with Houston Metro.

Eric D. Schwerin

Rosemont Seneca Partners, LLC

1010 Wisconsin Ave., NW

Suite 705

Washington, DC 20007

(202) 333-1880

[email-masked] <x-msg://59/[email-masked]>

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On Oct 7, 2010, at 12:49 PM, Michael Muldoon wrote:

  Guys, how does this look?

Nick,

Thanks in advance for looking into this. Attached are a number of documents
that will paint a clear picture of the background and current state of
affairs between CAF USA/Houston Metro/Department of Transportation.  The
crux of the argument is that Houston Metro, in its awarding of a contract to
CAF USA to construct rail cars for its metro system, violated Federal “Buy
America” provisions. FTA subsequently denied CAF USA’s requests for
reconsideration and Houston Metro is following FTA’s lead and working to
rebid the contract. CAF USA is prepared to litigate as necessary to resolve
their contractual rights with Houston Metro (Note: Houston Metro has already
offered to go to mediation). In addition, CAF USA believes it has found
legal inconsistencies in FTA’s interpretation of its own “Buy America”
waiver provisions and is preparing to write a letter to the Secretary of
Transportation. The letter should outline CAF USA’s case and can highlight
the fact that Kawasaki was granted a “Buy America” waiver in a similar
instance (Attachment #7) and in a manner that clearly contradicts FTA’s own
policies. We want to ensure this document has a strong legal foundation and
is worded in a way that will get DoT’s attention – and not simply allow them
to reiterate FTA’s findings that the case is closed.

Let me know once you’ve had a chance to review the documents and I can fill
in any color as needed.

*Attachment #1* - DoT News Release (9/8/2010): Press release stating that an
FTA investigation into the awarding of the contract to CAF USA by Houston
Metro  violated a number of Federal rules (most importantly “Buy America”
provisions).

*Attachment #2 - *FTA Report of Investigation (9/2/2010): Internal FTA
report of investigation of the Houston Metro procurement process.

*Attachment #3* - Letter from FTA Administrator Peter Rogoff to Houston
Metro Leadership (9/7/2010): Letter explaining findings of internal FTA
investigation.

*Attachment #4* - CAF USA Response to FTA Investigation Findings
(9/17/2010): Request for reconsideration.

*Attachment #5* - CAF USA Summary Fact Sheet (9/16/2010): Summary document
of request for reconsideration letter.

*Attachment #6* - FTA Response to CAF USA Request for Reconsideration
(10/1/2010): Request for reconsideration was denied by FTA on the grounds
that no new facts were introduced to the debate.

*Attachment #7* – FTA Waiver Approval Letter to Kawasaki, re: Washington
Metro (7/23/2010): Letter from FTA granting Kawasaki’s waiver of Buy America
requirements to produce eight pilot cars in Japan for the WMATA procurement.

<Attachment 1- FTA News Release (9-8-10).pdf><Attachment 2 - FTA Report of
Investigation (9-3-10).pdf><Attachment 3 - FTA Letter to Houston Metro
(9-7-10).pdf><Attachment 4 - CAF USA Request for Reconsideration
(9-17-10).pdf><Attachment 5 - CAF USA Fact Sheet (9-16-10).doc><Attachment 6
- FTA Response Letter to CAF USA (10-1-10).pdf><Attachment 7 - FTA Waiver
Approval Letter to Kawasaki (7-23-10).pdf