1. This competition failed because the Department did not apply basic processes properly. This is not the first time we have come across this situation. Our predecessor Committees recommendations relating to The failure of Metronet are relevant to this competition, as they address the need to improve oversight and information to protect taxpayers interests. We are concerned that the Department seems to have ignored the lessons from past failings. The Department had documented processes, but staff failed to follow them during this competition. The Department needs to put adherence to basic principles and processes at the core of how it does its business. We expect to see this has been done when we look at HS2, Thameslink and the other rail franchises.
2. The Departments senior managers failed to apply common sense and missed clear warning signs, including from the industry, that there were serious problems with the competition. We would have expected the Department to thoroughly investigate the significant differences in forecast passenger growth, premiums and the subordinated loan facilities of the two leading bids. Instead, the Departments decision makers were too reliant on assurances from technical advisers and its evaluation processes. Senior management should use their common sense and challenge the answers that they get from staff and specialist advisers in order to discharge their ultimate responsibility to protect the taxpayer.
3. The Departments protection against risky bids failed due to a number of errors. The Department began the franchise competition without knowing how it would calculate the level of risk capital (the subordinated loan facility) it would request from bidders to protect itself against risk in bids. It later provided misleading advice to bidders about this process and made errors in how the subordinated loan facility was determined. These errors resulted in the Department requesting a significantly lower subordinated loan facility than was required to counteract the recognised risk in First Groups bid and a higher loan facility than was necessary from Virgin. The Department needs a greater understanding of its risk appetite and of risk transfer to the industry, including the likely cost of any risk capital, so that it can identify when it has made errors. It needs to have the tools in place to calculate the risk before
starting a competition and to be clear consistent and transparent with the advice given to bidders.
4. The Departments misguided attempt to make cost savings by cutting corners on the competition resulted in significant additional costs to the taxpayer. The Department incurred £1.9 million in staff costs and external advisers on the competition compared to bidders who spent an average of £10 million on their bids. Despite the franchise having a value to the taxpayer of £5.5 billion the freeze on the use of consultants meant that it did not use external financial advisers on the competition. The amount the Department spent is paltry when compared to the £50 million it will now incur, at a minimum, as a result of cancelling the competition and the significant unquantified opportunity cost due to the delays in investment on the line. We are astonished that there was no senior civil servant in the team despite the critical importance of this multi-billion pound franchise. We are astonished that the Permanent Secretary did not have a detailed understanding and oversight of the competition. We support the Departments commitment to train, nurture and reward staff with the specialist skills it needs. The Department should put in place the right internal resources and external support. Where it needs external support it should robustly argue its case for this with the Cabinet Office. The Department must ensure appropriate oversight of major projects by the Permanent Secretary and his
management team.
5. The Departments blinkered and rushed approach meant the competition was not run properly. Key risks and issues were not escalated as a result, including the risk of legal challenge. External advisers who flagged these concerns did not have direct communications with the top of the Department. The unique way the Department applied anonymity in the competition meant that the Permanent Secretary did not know the details of the competition and did not sufficiently probe the information that they were given by the project team, and the new Accounting Officer did not challenge the approach when he arrived in April 2012. We expect the Accounting Officer to set the tone for the Department, establish a strong professional culture and set out clear expectations for the Departments leadership team including high levels of accessibility and willingness to hear and act on warning signs.
6. It was a mistake not to have a single person responsible for the project from beginning to end. This meant that no single person had to live with the consequences of delivering their policy decisions. It is unacceptable that for three months no SRO (Senior Responsible Owner) was in place, due to the failure of the Departments planned handover between SROs when moving from the policy to the delivery stage. We expect a single individual who will be held accountable to be responsible throughout a project, implementing his or her decisions. The Department should review all its SROs to make sure they have the right seniority, experience and expertise for every project for which they are responsible.