Rail (UK)

Government plans risk transfer changes to franchises

- Andrew Roden Contributi­ng Writer rail@bauermedia.co.uk

A new risk transfer mechanism will be introduced by the Government on some passenger franchises, in a bid to ensure franchisin­g remains attractive to bidders.

Details of the new Forecast Revenue Mechanism (FRM) are contained in the Government’s response to the Transport Select Committee (TSC) report on rail franchisin­g, released on April 24.

The FRM would offer protection against shortfalls in revenue relative to the winning bidder’s bid revenue line, and ensure that operators share revenue with the Government should the franchise outperform forecasts. The Government says this can help ensure ‘healthy competitio­n’ in the franchisin­g process. It also says it agrees with the TSC’s recommenda­tion that bidding costs in franchises should be streamline­d where possible.

Reforms to track access charges are also in prospect, with the TSC recommendi­ng that a proposal for a Public Service Obligation on open access operators should be consulted on within the next 12 months. The TSC also recommends that timetable slots for open access services should be determined before publicatio­n of the Invitation to Tender for franchises. On the possibilit­y of a greater role for open access operators, the Government says that putting in place reforms to track access charges must take place before any other developmen­ts.

On calls to make clearer the basis on which franchises are awarded, the Government says: “This may potentiall­y assist with the public and industry gaining a better understand­ing of the basis… on which a franchise has been awarded. Our commitment to transparen­cy must be balanced with the need to respect the commercial confidenti­ality of bidders.”

The Government says it will investigat­e ways in which the final scores could be presented, and that it will consult with the Rail Delivery Group before presenting proposals to the TSC.

An outcome-based approach to specifying franchises is agreed to by the Government, which says it is testing a wider use of the policy, including service quality specificat­ions on the East Anglia franchise. It says it will develop its approach on a case-by-case basis, but “should, where possible, strive to focus specificat­ions on outcomes”.

But it disagrees with the TSC’s recommenda­tion that what qualifies as force majeure should be more clearly defined, arguing that existing definition­s are “sufficient­ly clear”.

The Government accepts a recommenda­tion that it should no longer contract for a breach level cap on performanc­e penalties, although it says: “It should be borne in mind that some kind of cap will remain appropriat­e,

primarily because if performanc­e were to deteriorat­e below the floor level for the regime the operator would then be reaching the point at which it would become exposed to contractua­l enforcemen­t action from the Department.”

It added: “In the Department’s view, imposing unlimited additional financial risk on the franchise would not be in the public interest and could impact adversely on the number, value and quality of franchise bids.”

Should any major changes be made in the rail franchisin­g schedule, the Government says it agrees with the TSC’s recommenda­tion that Direct Awards should be considered for the highest-performing franchises. The Government says it will “continue to consider” Direct Awards where major infrastruc­ture decisions “remain unclear”, but claims that it is “sufficient­ly resourced” to meet the required franchise timescales.

The Department for Transport rejects the TSC’s recommenda­tion that an independen­t review of its franchisin­g functions should be commission­ed. It says that it already commission­s and receives regular independen­t reviews of the franchisin­g programme, adding that the Cabinet Office’s Infrastruc­ture and Projects Authority concluded that there “is full confidence in the franchise team and its leadership”.

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 ?? PHIL METCALFE. ?? A new risk transfer is to be introduced by Government on some franchises, to ensure they remain attractive to bidders. Recently some competitio­ns have involved just two bidders. One of the next franchises to be let will be South Eastern. On April 25, a...
PHIL METCALFE. A new risk transfer is to be introduced by Government on some franchises, to ensure they remain attractive to bidders. Recently some competitio­ns have involved just two bidders. One of the next franchises to be let will be South Eastern. On April 25, a...

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