SOME QUESTIONS THE COALITION GOVERNMENT MUST ANSWER

The Goverment says it wants to rebalance the economy in favour of manufacturing industry. But talk is cheap. It's not what you say that matters it's what you do. And this Government seems determined to flush 180 years of British train making down the toilet.

But before they do that, they've got some serious questions to answer. Here are some that deserve an answer. If the Tory Secretary of State for Transport gives an honest answer to these questions, he would have to reverse his mad decision to sign the death warrant for the British train making industry.

EU Procurement Rules

1. There are two sets of EU procurement rules; these are adopted as English Law as Statutory Instruments and they became the Public Contracts Regulations 2006 and the Utilities Contract Regulations, also of 2006.

The Department of Transport is listed in Schedule 1 of the Public Contracts Regulations 2006; consequently all procurement exercises undertaken by the DfT should be in accordance with these particular regulations.
So why were both the Intercity Express Programme trains and those required for the Thameslink project procured using the Utilities Procurement Regulations 2006 and not the Public Contract Regulations?

Corruption

2. Both sets of regulations state that potential suppliers found guilty of conspiracy, corruption, bribery, fraud etc, are ineligible to tender (clause 23 of the public regulations, clause 26 of the utilities ones); such firms can only be invited if there are "overriding requirements in the general interest" so to do.

As this clause effectively excludes Siemens from the bidding process, what are the overriding general interest requirements which permitted the DfT to invite them to tender?

Social and Environmental Considerations

3. Both sets of regulations also permit "conditions for the performance of contracts"; the regulations state that such conditions "may, in particular, concern social and environmental considerations".

Why were no such conditions included within both the Intercity Express Programme and Thameslink trains invitations to tender?

4. What assurances can be given about the inclusion of conditions relating to social considerations in future invitations to tender issued by the DfT?

Proven Solutions

5. Clause 1.2 of the invitation to tender for the Thameslink trains states that the specification must be met by the tenderers offering to supply trains to a new design which "adopts world class proven solutions in one package".

By in selecting a design with a bogie which doesn't yet exist, has the DfT has changed this requirement?

6. If that is the case, why did you not terminate the existing process, re-advertise, and start over again, as required by EU procurement rules?

Changes to Specifications

7. Moreover, public domain information suggests that there have been major changes to Hitachi's design for the Intercity Express Project trains;

As this seems to be very similar to a proposal put forward by Bombardier and Alstom for the conversion of diesel 'Meridian', 'Voyager' and 'Super Voyager' trains to "bi-modes", why has this not been the subject of a re-advertising/re-tender exercise?

8. Who decided that trains for Thameslink needed to be a new design? What evaluation was there of recent train designs with fast-action bi-parting doors (such as class 378 EMUs operating London Overground services) to see if they (or a derivative of them) would be suitable for Thameslink?

Siemens

9. As, in accordance with clauses of the EU procurement rules which have already been referred to, Siemens is ineligible for being invited to tender for new trains, why have they been selected to receive an invitation to tender for CrossRail trains?

10. Moreover, in view of Siemens ineligibility to be invited to bid, why is the DfT proposing to procure new electric trains for operation of the Manchester-Scotland service from them?

Procurement Timescales

11. British Rail could procure trains in months; why does is take the DfT so long, and why is it so expensive?

Consultants
12. How does the DfT vet and appoint its rail consultants - is it through competitive tender and what assurances are sought about their impartiality