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First win Intercity West Coast franchise

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Dft Press Release http://www.dft.gov.uk/news/press-releases/dft-press-20121003a
Transport Secretary Patrick McLoughlin has today announced that the competition to run trains on the West Coast Main Line has been cancelled following the discovery of significant technical flaws in the way the franchise process was conducted.

The decision means that the Department for Transport (DfT) will no longer be awarding a franchise contract to run the West Coast service when the current franchise expires on December 9. It is consequently no longer contesting the judicial review sought by Virgin Trains Ltd in the High Court.

The flaws uncovered relate to the way the procurement was conducted by department officials. An announcement will be made later today concerning the suspension of staff while an investigation takes place.

The Government is resolving urgently the future arrangements for operation of the West Coast and will ensure that train services continue uninterrupted. Mr McLoughlin stressed today that passengers will continue to be served by the same trains and frontline staff.

The Transport Secretary has also:
Ordered two independent reviews to be undertaken urgently: the first into what went wrong with the West Coast competition and the lessons to be learned, the second into the wider DfT rail franchise programme, both overseen by leading business figures;
Asked officials to examine the options for the operation of the West Coast service after December 9, taking into account procurement and competition law;
Paused all the other outstanding franchise competitions (Great Western, Essex Thameside and Thameslink) pending the independent reviews which are designed to ensure future competitions are robust and deliver best value for passengers and tax payers.

Mr McLoughlin said:

“I have had to cancel the competition for the running of the West Coast franchise because of deeply regrettable and completely unacceptable mistakes made by my department in the way it managed the process.

“A detailed examination by my officials into what happened has revealed these flaws and means it is no longer possible to award a new franchise on the basis of the competition that was held.

“I have ordered two independent reviews to look urgently and thoroughly into the matter so that we know what exactly happened and how we can make sure our rail franchise programme is fit for purpose.”

He added:

“West Coast passengers can rest assured that while we seek urgently to resolve the future arrangements the trains that run now will continue to run, with the same drivers, the same staff and timetables as planned. The tickets that people have booked will continue to be valid and passengers will be able to make their journeys as planned.”

DfT permanent secretary Philip Rutnam said:

“The errors exposed by our investigation are deeply concerning. They show a lack of good process and a lack of proper quality assurance.

“I am determined to identify exactly what went wrong and why, and to put these things right so that we never find ourselves in this position again.”

The first independent review will be an urgent independent examination into the lessons to be learned from the Department’s handling of this competition. Conducted by independent advisers and overseen by Centrica chief executive Sam Laidlaw and former PricewaterhouseCoopers strategy chairman Ed Smith, both DfT non-executive directors, this review will look as soon as possible at what happened and why with a view to delivering an initial report by the end of October.

The second independent review will be undertaken by Eurostar chairman Richard Brown CBE, and examine the wider rail franchising programme. It will look in detail at whether changes are needed to the way risk is assessed and to the bidding and evaluation processes, and at how to get the other franchise competitions back on track as soon as possible. This will report back by the end of December.

Evidence of significant flaws in the Department’s approach emerged while officials were undertaking very detailed evidence-gathering in preparation for legal proceedings in the High Court.

These flaws stem from the way the level of risk in the bids was evaluated. Mistakes were made in the way in which inflation and passenger numbers were taken into account, and how much money bidders were then asked to guarantee as a result.

The Department cannot be confident that these flaws would not have changed the outcome of the competition or that any of the four bidders would not have chosen to submit different offers.

The DfT has spoken to the four bidding companies to inform them of the flaws that the Department discovered. The DfT will reimburse their bid costs and has assured them that a fresh competition will be started as soon as the lessons of this episode are learned.
 
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WatcherZero

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Press release, officials suspended, misconduct (suspension of officials wouldnt happen for an honest mistake), two independent inquiries announced.

Transport Secretary Patrick McLoughlin has today announced that the competition to run trains on the West Coast Main Line has been cancelled following the discovery of significant technical flaws in the way the franchise process was conducted.

The decision means that the Department for Transport (DfT) will no longer be awarding a franchise contract to run the West Coast service when the current franchise expires on December 9. It is consequently no longer contesting the judicial review sought by Virgin Trains Ltd in the High Court.

The flaws uncovered relate to the way the procurement was conducted by department officials. An announcement will be made later today concerning the suspension of staff while an investigation takes place.

The Government is resolving urgently the future arrangements for operation of the West Coast and will ensure that train services continue uninterrupted. Mr McLoughlin stressed today that passengers will continue to be served by the same trains and frontline staff.

The Transport Secretary has also:
•Ordered two independent reviews to be undertaken urgently: the first into what went wrong with the West Coast competition and the lessons to be learned, the second into the wider DfT rail franchise programme, both overseen by leading business figures;
•Asked officials to examine the options for the operation of the West Coast service after December 9, taking into account procurement and competition law;
Paused all the other outstanding franchise competitions (Great Western, Essex Thameside and Thameslink) pending the independent reviews which are designed to ensure future competitions are robust and deliver best value for passengers and tax payers.

Mr McLoughlin said:


“I have had to cancel the competition for the running of the West Coast franchise because of deeply regrettable and completely unacceptable mistakes made by my department in the way it managed the process.

“A detailed examination by my officials into what happened has revealed these flaws and means it is no longer possible to award a new franchise on the basis of the competition that was held.

“I have ordered two independent reviews to look urgently and thoroughly into the matter so that we know what exactly happened and how we can make sure our rail franchise programme is fit for purpose.”

He added:


“West Coast passengers can rest assured that while we seek urgently to resolve the future arrangements the trains that run now will continue to run, with the same drivers, the same staff and timetables as planned. The tickets that people have booked will continue to be valid and passengers will be able to make their journeys as planned.”

DfT permanent secretary Philip Rutnam said:


The errors exposed by our investigation are deeply concerning. They show a lack of good process and a lack of proper quality assurance.
“I am determined to identify exactly what went wrong and why, and to put these things right so that we never find ourselves in this position again.”

The first independent review will be an urgent independent examination into the lessons to be learned from the Department’s handling of this competition. Conducted by independent advisers and overseen by Centrica chief executive Sam Laidlaw and former PricewaterhouseCoopers strategy chairman Ed Smith, both DfT non-executive directors, this review will look as soon as possible at what happened and why with a view to delivering an initial report by the end of October.

The second independent review will be undertaken by Eurostar chairman Richard Brown CBE, and examine the wider rail franchising programme. It will look in detail at whether changes are needed to the way risk is assessed and to the bidding and evaluation processes, and at how to get the other franchise competitions back on track as soon as possible. This will report back by the end of December.

Evidence of significant flaws in the Department’s approach emerged while officials were undertaking very detailed evidence-gathering in preparation for legal proceedings in the High Court.

These flaws stem from the way the level of risk in the bids was evaluated. Mistakes were made in the way in which inflation and passenger numbers were taken into account, and how much money bidders were then asked to guarantee as a result.

The Department cannot be confident that these flaws would not have changed the outcome of the competition or that any of the four bidders would not have chosen to submit different offers.

The DfT has spoken to the four bidding companies to inform them of the flaws that the Department discovered. The DfT will reimburse their bid costs and has assured them that a fresh competition will be started as soon as the lessons of this episode are learned.

Notes to Editors
1.Richard Brown, the chairman of Eurostar, is a former chief executive of Eurostar and previously commercial director and a main board director of National Express Group, where he set up its UK Trains Division, at the time the largest UK passenger franchise operator. He has spent 35 years in the transport industry and was a director of British Rail’s Intercity Division before privatisation.
2.Sam Laidlaw has been chief executive of energy company Centrica since July 2006 and has been a non-executive director of HSBC Holdings Plc since January 2008. He has been the lead non-executive board member of the Department for Transport since December 2010 and is also a member of the UK Prime Minister’s Business Advisory Group.
3.Ed Smith is a non-executive board member of the Department for Transport and was formerly chairman of strategy for PricewaterhouseCoopers, deputy chairman of the Higher Education Funding Council for England, as well as chair of their Leadership, Governance and Management Strategic Advisory Committee.

http://www.dft.gov.uk/news/press-releases/dft-press-20121003a
 

mirodo

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Midnight news on R4 suggested the govt would face the "humiliation" of asking Virgin to carry on running the trains while they re-tender.

Will they? I thought DOR were lined up for that eventuality.
 

F Great Eastern

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The DfT has spoken to the four bidding companies to inform them of the flaws that the Department discovered. The DfT will reimburse their bid costs and has assured them that a fresh competition will be started as soon as the lessons of this episode are learned.

They'll be lucky if that is all they are going to have to pay out!!!
 

F Great Eastern

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It'd be a good sum I'd say.

I'd be very surprised if First were not after some kind of compensation. At the end of the day the DFT are the ones who are going to have to shoulder this and they did award the contract to First initially only for the process to be quite clearly now flawed. That is not the fault of First, it is simply a big error on the DFT's part and this is going to cost them big.

Reading the press release through, I can see Virgin Trains, FGW, C2C and FCC all getting extensions now. Being realistic they will have to give Virgin this and the same with the others.
 

ainsworth74

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Well I did not see this one coming. I at least thought we'd get to the Judicial Review before the fireworks really got going. I don't think I'd want to be a civil servant that was involved in the bid process because I imagine things are going to get pretty uncomfortable for them.
 

Zoe

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Not sure how long the reviews will take but East Coast is also due for franchising next year.
 

F Great Eastern

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Well considering how long these reviews take and when the other franchises are due to change, can you really see them happening in time?

Here are the end dates:
First Great Western: 20 July 2013
First Capital Connect: 14 September 2013
C2C: 26 May 2013

Can you really see all of them getting an preferred bidder and being ready before the start dates above now that the process is going to be delayed by months?

There is no chance.
 

Gmac

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I definitely wasnt expecting this guess its DOR now until further notice
 

WatcherZero

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It'd be a good sum I'd say.

I'd be very surprised if First were not after some kind of compensation. At the end of the day the DFT are the ones who are going to have to shoulder this and they did award the contract to First initially only for the process to be quite clearly now flawed. That is not the fault of First, it is simply a big error on the DFT's part and this is going to cost them big.

Reading the press release through, I can see Virgin Trains, FGW, C2C and FCC all getting extensions now. Being realistic they will have to give Virgin this and the same with the others.

Not true, the process was if a loser objected to the result within (was it 14 days or 10 business days?) then the awarding process and signing was suspended until it was resolved in court. Technically First never won, they were only prefered bidder and never signed the contract, any money they lost, spent in anticipation of winning after the process was suspended was their own fault.
 

Metroland

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Perhaps some apologies to Virgin and their supporters on this forum?

It was plainly obvious to anyone that knows anything it was a stitch up apart from the to the 'experts' on here.
 

F Great Eastern

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I definitely wasnt expecting this guess its DOR now until further notice

I can't see DOR happening now.
--- old post above --- --- new post below ---
Not true, the process was if a loser objected to the result within (was it 14 days or 10 business days?) then the awarding process and signing was suspended until it was resolved in court. Technically First never won, they were only prefered bidder and never signed the contract, any money they lost, spent in anticipation of winning after the process was suspended was their own fault.

It's hardly their own fault, come on if anyone is going to blame First for this they are hugely blinkered. This is a cock up of the DFT's making.
 

marks87

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Doesn't this now call into question the legitimacy of any franchise awarded? Or at the very least, any awarded while those who have been suspended had any sort of say?
 

WatcherZero

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Perhaps some apologies to Virgin and their supporters on this forum?

It was plainly obvious to anyone that knows anything it was a stitch up apart from the to the 'experts' on here.

Right on brother!

So whens the Transport Secretarys next appearance before the Transport Select committee? I guess we are going to get another urgent summons to appear from the committee what with loss to taxpayer and independent inquiries launched.

Edit: Just realised Parliament is in recess until after the Conference season.
 
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Great news for us who uses Virgin trains here in the North west.

Have to say I am over the moon with this news but hey why bring the news out on a day when the news is covering another big news item in Wales.

Egg on face for the DFT and the Goverment me thinks and it's time that heads should roll over this.

So Virgin was right all along and to all the people that knocked Richard and Virgin for taking it to court should now hang there heads in shame.

The whole thing from day one was a joke and now even the DFT now says it was wrong in giving it to first.

Richard and Virgin 1 DFT 0

They will have to let Virgin keep the west coast mainline after all this.
 

marks87

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They will have to let Virgin keep the west coast mainline after all this.
They don't "have" to.

The process will become more transparent after this and if First or another company that isn't Virgin come along with what is a clearly better bid, they'd have no option but to award it to them.
 

jon0844

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I have to add my own 'Wow' but I wouldn't be breaking out the champagne just yet if I were Virgin, even if it gets to carry on in the interim.

Virgin will have to bid again, but the problem it has is that it can't just bid a stupid amount to win (in case others up their bids, as I am sure they will) because it was all about affordability.

Who knows, another bidder altogether might win this time around.
 

F Great Eastern

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I think most peoples problem was not with Virgin actually challenging the decision, it was more the way they went about it. If they actually just lodged the review went to court and got on with it I think far less people would have got annoyed with them.
 

ainsworth74

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Well the Virgin fanboys really are going to be insufferable now aren't they?
 

YorkshireBear

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I won't hang my head in shame, how can any of us have forseen that the DFT would muck it up this badly. I didnt think even they were capable of this.
Not only that, my problem was with how public they made it, there will be several posts where i stated it is the fact that they did it publically by trying to shame First and con users into signing petition. They would have got the same result if they had gone about it quietly and requested a juridical review which is what i wish they had done.
--- old post above --- --- new post below ---
I think most peoples problem was not with Virgin actually challenging the decision, it was more the way they went about it. If they actually just lodged the review went to court and got on with it I think far less people would have got annoyed with them.

Yep +1
 

F Great Eastern

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They will have to let Virgin keep the west coast mainline after all this.

No, they won't. They have to ensure a fair and technically sound contest, which it seems this one was not. Such contest has to be from a completely blank page on a level playing field.

If they just give someone a franchise because they feel they were the victims then that contest also is not fair.
 
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