That doesn't sound like DfT, but if they did it then it would certainly be an error of process.
Note that First were originally told £205m, according to them, and it was lowered to £190m after they challenged it. It has not been said what form that challenge took, but...
Virgin said they were originally given a figure of £71m. They asked how that number had been arrived at. They were never given an answer, but the amount was lowered to £40m.
It doesn't give me a lot of comfort that the process was a rigorous one.
It's interesting to re-read this from the TSC transcript:
Q536 Chair: Was there a point during the assessment process where you were called in to discuss the nature of the risk and before the decision was made about what financial provision you would be required to make?
Vernon Barker: If I understand the question correctly, we respond to the invitation to tender and we present our bid. We put in a certain level of funding requirement at our own behest in terms of the risk that we see within the bid to meet the Department for Transports solvency tests. The Department for Transport would then come back to us, as they did after we had submitted our bid, to say that they felt the solvency requirements should be "Y" and would we put that amount of money in, hence the reason it was £200 million. We say yes and then we move on to the chosen bidder-
Q537 Chair: What kind of discussion took place at that point and when did that happen?
Vernon Barker: That would have happened a few weeks before the award. The discussion was that their assessment of risk differed from ours, which probably isnt surprising. We have a very confident view of all of the different delivery plans that we are intending to do. They have a slightly more cautious one, which you would perhaps expect them to take. They sought some higher level of funding. They moved it up to the £200 million, past where we had already predicted it was required. We feel that it doesnt need the £200 million but we were prepared to move there. There was a very short discussion, "Will you present further insurance"-I think that was the term used earlier-to cover our concerns?" We said yes and then we moved on to the next stage.
Q538 Chair: Was there a negotiation before you reached that figure?
Vernon Barker: Not with the Department, no. It was, "Will you meet this figure?"
Q539 Chair: It was yes or no, or was there some discussion about it?
Tim OToole: There can be a negotiation.
Q540 Chair: But was there?
Tim OToole: In this case, the negotiation was primarily internal. It was our deciding.
Vernon Barker: There wasnt so much negotiation as clarification of the requirement and the level needed. Once we had helped them understand our numbers better, their level of funding actually came down.
Q541 Chair: So in the course of your discussion at this point the requirement from the Department was reduced; is that right?
Tim OToole: Just marginally. It was a very small amount.
Q542 Chair: It was reduced by how much?
Vernon Barker: Only £15 million, I think; a very small amount.
Q543 Chair: It was reduced by £15 million as a result of your discussion with them.
Vernon Barker: Yes.