Subway contract bidder complains to feds about MTA review process.

Kajima/Ray Wilson, a Pasadena joint venture firm that apparently lost out on a $70 million contract to build a Metro Rail station because someone checked the wrong box on a form, has taken its case to the federal government.

Kajima has complained to the Federal Transit Administration that the Metropolitan Transportation Authority's process for hearing its protest is unfair because the people deciding the case have already made up their minds.

At least two of the three people involved in deciding the case, including MTA Chief Executive Franklin White, told an MTA committee last month that - because of the MTA rules regarding the bid-scoring system - the MTA essentially has no choice other than awarding the contract to build the station at Hollywood Boulevard and Highland Avenue to competing bidder Tutor-Saliba/Perini of Sylmar.

Kajima/Ray Wilson was the low bidder, but MTA staff ruled that the company narrowly missed reaching the MTA's goal for participation of minority - and women-owned ruins as subcontractors.

'His hands are tied'

Both companies listed the same minority-owned subcontractor - Manuel Tejeda Trucking Co. - in their bids, but because Kajima checked a box on the bid form identifying Tejeda as a "broker," Kajima was awarded far less credit, even though Tejeda will do the same work on the contract regardless of which contractor wins. Tutor listed Tejeda as a subcontractor.

"MTA's protest procedure is unfairly stacked against Kajima," attorney Phyllis Ungerer wrote in a letter to the FTA. "The appeal (will be decided) by Franklin White, who admits that 'his hands are tied.' Kajima's protest never gets an unbiased evaluation. This lack of fundamental fairness violates Kajima's due process and equal protection rights."

Last week, MTA Deputy CEO Kim Kimball denied Kajima's protest, freeing Kajima to appeal to White.

Meanwhile, a Phoenix firm called American Traffic Systems is protesting an MTA decision regarding the award of a $2 million contract for photo-enforcement traffic-control systems.

Something 'fishy' charged

Although the protest focuses on the participation of minority-owned subcontractors, a public relations professional representing American Traffic Systems said the company thinks there is something "fishy" going on because the project manager for the winning bidder is a former member of the Rail Construction Corp., which used to advise the MTA and its predecessor agencies on the award of rail contracts.

"There is something really wrong over there," alleged ATS spokeswoman Cheryl Walsh.

She noted that ATS was the low bidder but lost the contract because it received fewer points for technical proficiency, based on ATS' performance on an earlier MTA contract. But ATS "has the longest and most successful record in the United States (in the) photo enforcement service industry," she said.

"In addition, several cities have actively sought ATS to replace (winning bidder U.S. Public Technology Inc.), citing USPT's outdated equipment and poor service as reasons for the switch," Walsh said.

Kimball also has rejected ATS' protest, and ATS has appealed the decision to White, said MTA spokesman Steve Chesser.