Lawyers for spurned commuter rail operator MBCR yesterday sought a 60-day delay to the contract awarded to Keolis Commuter Services to run the commuter rail system, while MBTA lawyers maintained the bidding process was fair.
The Massachusetts Bay Commuter Railroad Co. is arguing that favoritism factored into the eight-year, $2.68 billion contract award to Keolis and said the 60-day injunction would give it time to look for more evidence in MBTA communications.
Judge Mitchell Kaplan took the injunction request under advisement. If granted, the contract takeover set for July 1 would be pushed back to September.
The rail company, which has operated the commuter rail for 12 years, also said the Keolis proposal did not meet minimum requirements, including what lawyers described as a 2-page "promise" of a security plan required under the proposal guidelines.
"MBCR thought it had to submit a plan, not a two-page promise to submit a plan," said David Bodenheimer, a lawyer for MBCR.
"The (request for proposal) is asking for a specific plan."
But MBTA lawyers refuted that claim.
"It acceptably met the stated criteria," Neil McGaraghen, a lawyer for the MBTA, said of Keolis' proposal.
The judge suggested MBCR was exaggerating its claims in the 91-page affidavit it filed in support of the injunction request.
"The affidavit is full of hyperbole, it is full of hearsay," Kaplan said. "Part of me thinks the affidavit was for an audience beyond the court."
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