There are limits to what design modifications can be made and stay in bounds of the RFP and bid price. Changes to the operator controls, headlights, track signal systems are one thing. A switch to an alternate more powerful engine would be a major design change with significant cost impacts.Even after a contract is awarded, there is room for further negotiation. They could thus simply ask Siemens to make some modifications to the design to make it fulfill those requirementsThat is not the situation. The 125mph capability was a firm yes/no requirement of the bid. A product that does not meet the 125mph requirement is disqualified from further consideration. If EMD can show that the product specified by Siemens does not meet the 125mph requirement gatekeeper, then a judge can void the award.
If Amtrak were funded like DOD, they could have a "fly-off" competition as was done for the F-16, F-35. Down select 2 companies, pay them to build 2 competing prototypes, and then test them. The equivalent would be to have Siemens and Caterpillar/EMD build or provide working locomotives, take them to Pueblo, and see which performs the best.
But this is a diesel locomotive order, not fighter jets at the (then) cutting edge of technology. Diesel locomotives and ICE engines are mature technologies, so the performance should be able to be predicted with a fair degree of accuracy.
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