Calendar includes numerous meetings with Metro Chairman and CEO throughout scandal

For Immediate Distribution: News Release September 10, 2010

Texans for Rick Perry: (512) 478-3276 Mark Miner: markminer@rickperry.org Catherine Frazier: catherinefrazier@rickperry.org

Liberal trial lawyer Bill White was extensively involved in the Metro-gate scandal while Houston mayor, including reviewing a contract that violated federal law before it was approved by the Metro board, according to his official mayoral calendar released by the City of Houston Information Technology Department.

“Bill White cannot deny his role in Houston Metro violating federal law,” said Texans for Rick Perry spokesman Mark Miner. “Bill White’s official mayoral calendar includes numerous meetings with his hand-picked Metro leadership while the agency was trying to circumvent federal law, including reviewing the offending contract before it was approved by the Metro board and its chairman, who is one of Bill White’s largest political donors. This illegal activity has put at risk $900 million that Metro was set to receive. The people of Houston deserve answers from Bill White explaining why he thought federal law could be ignored.”

Bill White Official Mayoral Calendar Selected Metro Meeting Dates

The Federal Transit Administration (FTA) released a comprehensive report of its investigation into Metro’s violation of federal law that includes several dates that correspond with entries on Bill White’s official mayoral calendar. The FTA report is available online at http://www.fta.dot.gov/about/about_FTA_8574.html.

Dates from Bill White’s official mayoral calendar referenced below are available below.

Aug. 14, 2007 (Bill White official mayoral calendar)

10:00 AM - 11:00 AM David Wolff and Frank Wilson re: METRO consent agreement/rl - contact: Elizabeth (713) 626-8050 -- Mayor's Office

Aug. 20, 2007 (FTA report)

METRO President and Chief Executive Officer Frank Wilson described the LRV solicitation as a “revolutionary procurement approach” because it would enhance the “flexibility” that was afforded potential suppliers “to provide their best commercial deal.” The RFP avoided detailed technical specifications and encouraged the submission of “value added” proposals. This approach was similar to the one used by Mr. Wilson in an earlier procurement that he managed for another transportation agency.
Passenger Transport, August 20, 2007, at 1, 9
Request for Proposals, August 31, 2007.
State of New Jersey Commission of Investigation Report: E-ZPass – The Making of a Procurement Disaster, June 2004, at 38-40

Aug. 31, 2007 (FTA report)

The initial release of METRO’s RFP on August 31, 2007, stated to all potential offerors:
There is no requirement that the manufacturer must abide by any “North American” or Federal Transit Administration standards, e.g., Buy America, or any other restraints normally applied to such procurements.
49 RFP, Section 1.3.1 at 5.
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Dec. 4, 2007 (FTA report)

FTA informed METRO that, FTA cannot financially participate in vehicle procurements, nor can such procurements be eligible for federal reimbursement under a potential FFGA [Full Funding Grant Agreement] . . . when the procurement departs from Federal procurement rules, including Buy America.
Letter from Sherry E. Little, Deputy Administrator, Federal Transit Administration, to Frank J. Wilson, President and Chief Executive Officer, Metropolitan Transit Authority (Dec. 4, 2007)

Dec. 6, 2007 (Bill White official mayoral calendar)

2:30 PM - 3:00 PM David Wolff and Frank Wilson/rl per David Wolff's request -- Mayor's Office
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Feb. 11, 2008 (FTA report)

In February 2008, Siemens Transportation, Inc. (Siemens), an LRV manufacturer competing in the procurement, informed FTA that METRO had made statements and representations that the Buy America provisions of 49 C.F.R. Part 661 did not apply to its LRV procurement.
Letter from Robin A. Stimson, Vice President, Siemens Transportation Systems, Inc., to Jayme L. Blakesley, Attorney-Advisor, Federal Transit Administration (Feb. 11, 2008)

Feb. 22, 2008 (Bill White official mayoral calendar)

1:30 PM - 2:30 PM FTA meeting stategy with A. Travis, Frank Michel or Patrick Trahan, Frank Wilson, George DeMontrond, George Smalley, Tom Jasien and David Wolff of METRO, Susan Lent/rl per A. Travis -- Mayor's Office

Feb. 26, 2008 (FTA report)

On February 26, 2008, FTA copied METRO in its response to an inquiry from Siemens, one of the competitors in the procurement. The letter advised:
All projects funded by FTA are subject to Buy America. FTA has not waived or held out the possibility of relaxing its Buy America requirements by virtue of Houston METRO’s participation in [the Public-Private Partnership Pilot Program] Penta-P,” and “to the extent that the scope of work under an FFGA for either the North or Southeast Corridor projects would include LRVs, the RFP used to procure those LRVs would have to include a Buy America provision and Houston METRO would have to comply with Buy America.
Letter from Severn E.S. Miller, Chief Counsel, Federal Transit Administration, to Robin A. Stimson, Vice President, Siemens Transportation Systems, Inc. (February 26, 2010)
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March 6, 2008 (FTA report)

By letter dated March 6, 2008, FTA outlined several issues that could affect the progress of METRO’s North and Southeast Corridor projects, and explained, specifically, that METRO’s LRV procurement must comply with the Buy America requirements.
Letter from James S. Simpson, Administrator, Federal Transit Administration, to Frank J. Wilson, President and Chief Executive Officer, Metropolitan Transit Authority (March 6, 2008)

March 7, 2008 (Bill White official mayoral calendar)

4:30 PM - 5:00 PM tel. call with David Wolff re: upcoming visit of FTA Administrator to Houston/rl per his request -- Mr. Wollf will call Mayor's Office at 713-247-2545
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Feb. 26, 2009 (Bill White official mayoral calendar)

12:30 PM - 1:30 PM review METRO contact with David Wolff, Frank Wilson, Drew Masterson/rl per David Wolff - contact: 713-739-4899 -- METRO headquarters, 2nd Fl. Caucus Room-1900 Main St.

March 4, 2009 (FTA report)

On March 4, 2009, METRO’s Board of Directors held a special Board Meeting and authorized METRO to contract with Parsons to supply the LRVs. The Board also approved the assignment of the LRV contract by Parsons to Houston LRV 100 LLC, an entity owned by Parsons and CAF.
METRO Board Resolution No. 2009-12 (March 4, 2009)

March 6, 2009 (FTA report)

CAF formally requested that METRO pursue a waiver of the Buy America final assembly requirement with respect to the first two prototype vehicles, seeking to assemble them at its “Center of Excellence” in Beasain, Spain.
Letter from Virginia Verdeja, Vice President, CAF, to Navin Sagar, Senior Director of Engineering, METRO (March 6, 2009)

March 6, 2009 (FTA report)

METRO sent a letter to FTA requesting a “public interest” waiver for assembly of two pilot LRVs in Spain. METRO sent an almost identical request to FTA on March 23, 2009.
Letter from Frank J. Wilson, President and Chief Executive Officer, METRO, to Robert C. Patrick, Regional Administrator, FTA (Mar. 6, 2009).
Letter from Frank J. Wilson, President and Chief Executive Officer, METRO, to Robert C. Patrick, Regional Administrator, FTA (Mar. 23, 2009)
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April 14, 2009 (FTA report)

By letter dated April 14, 2009, FTA denied METRO’s request for a Buy America waiver and responded to Ms. Higgins’ letter of April 9, 2009.25 FTA determined that CAF was ineligible for a waiver because it signed a Certificate of Compliance with FTA’s Buy America requirements. According to the Buy America regulations, “[w]here a bidder or offeror certifies that it will comply with the applicable Buy America requirements, the bidder, offeror, or grantee is not eligible for a waiver of these requirements.” CAF is bound by its Certificate of Compliance.
In addition to denying Houston METRO’s request for a Buy America waiver, FTA used its April 14, 2009, letter to remind METRO about the importance of full and open competition and to explain how inappropriate actions after contract award could prejudice manufacturers that were competing with CAF for the LRV contract. FTA explained:
[Because] a Certificate of Compliance was a condition of responsiveness to METRO’s RFP, any grant of a Buy America waiver after CAF has certified compliance would prejudice other manufacturers that submitted offers or proposals to METRO.
For similar reasons, FTA explained:
[T]he two pilot LRVs are integral to CAF’s proposal on which it certified compliance with the Buy America requirements and won the competition for METRO’s procurement of LRVs. Thus, for purposes of Buy America, the pilot LRVs cannot be separated from METRO’s contract with CAF for production and assembly of LRVs for use on the North and Southeast corridors.
Letter from Scott A. Biehl, Acting Chief Counsel, Federal Transit Administration, to Frank J. Wilson, President and Chief Executive Officer, Metropolitan Transit Authority (April 14, 2009)

April 14, 2009 (FTA report)

Houston METRO President Frank Wilson signed the EDD asking the Board to authorize him to negotiate a sole-source contract with CAF for two LRVs.
Houston METRO Executive Decision Document (April 14, 2010)

April 30, 2009 (Bill White official mayoral calendar)

8:10 PM - 8:10 PM MBW (driven by Security) picks up David Wolff for Rockets game/rl - MR. WOLFF HAS TICKETS -- 3965 Inverness
8:30 PM - 10:00 PM Attending Rockets game with David Wolff/fd -- Toyota Center

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