Just Released! BART OIG Investigative Report on Procurement Practices

BART Improperly Embedded a Best-Value Procurement into a Fixed-Priced Construction Contract

I am pleased to announce the release of the BART Office of the Inspector General’s latest investigative report.

Our report delves into lapses in procurement practices within BART, particularly regarding the improper embedding of a best-value procurement process into a fixed-priced construction contract for the M-Line Tunnel lighting project. This resulted in significant variations from product specifications, including required safety requirements, which gave the approved manufacturer an unfair advantage over another manufacturer competing to provide the light fixtures.

The investigation underscores the importance of adhering to proper procurement practices, as outlined in relevant California law. These practices ensure fair competition, compliance with regulations, and ultimately, the acquisition of the best products or services at the best value for the District.

To address these issues and promote fair competition and compliance, the report offers several recommendations, including the establishment of procedures for evaluating safety certifications and the implementation of separate solicitations for products not available on the open market.

Read the full report below:

BART Improperly Embedded a Best-Value Procurement into a Fixed-Price Construction Contract Final.pdf

To access all of the Office of the Inspector General’s reports, please visit our website at www.bart.gov/oig.

Sincerely,

Claudette Biemeret
Inspector General
Email: InspectorGeneral@bart.gov
Phone: 510-464-6141

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