UK Public Sector Contracts & Tenders

The Railway in Great Britain always attracts disproportionate public attention and debate, but this is especially so at this time of impending reform of the railways and its workforce. ORR regard it as essential that the complex challenges, changes, and opportunities are properly understood by a range of actors in Parliament, industry, and the wider stakeholder landscape. We are looking to help increase understanding of the complex and valued role we play and listen to stakeholders' views on how we could best carry out our brief in the future. Key elements of this project would be to review and suggest any alteration to existing ORR intelligence and strategy and advise and support engagement opportunities; this may also involve a regional element. Additional information: The tender exercise is being managed via the ORR Procurement portal (BRAVO). All tender clarification questions must be raised via the portal. The closing date for receipt of tenders is 20 Jun 22 at 1200hrs.

The purpose of this project is to develop options / proposals for ORR's future oversight of Great British Railways and in particular its management of train service operations. There are two key tasks: Task 1: Review current processes for providing oversight of train service operations in Great Britain This is expected to include the following activities: • Review of the range of current contracts in place between DfT and Train Operating Companies (TOCs), with particular focus on new National Rail Contracts (NRCs) (to the extent that these are indicators of the likely form of future Passenger Service Contracts (PSCs)). • Review of the processes currently in place for assuring the procurement of these train service operations contracts. • Review of the processes currently in place for monitoring these train service operations contracts (again, with focus on NRCs). This should include the data collected, the monitoring processes and the outputs. • Presentation of findings to ORR, including through a written report. Task 2: Use outputs of task 1 to inform options and proposals for ORR's future oversight of train service operations This is expected to include the following activities: • Review of published documents on rail reform proposals, and likely content of future PSCs. Engagement with key internal ORR stakeholders on current role / latest understanding of future role. In both cases, this is to inform development of options and proposals. • Document future rail industry structure and responsibilities with particular focus on ORR (including where there is ambiguity to be resolved). • Informed by task 1, set out options and proposals for ORR's approach to monitoring Great British Railway's procurement and management of train service operations contracts. • Deliver a workshop with ORR internal stakeholders to discuss options / proposals. • For each option / proposal set out the likely incremental ORR capabilities / resource required. Additional information: This tender exercise is being conducted via our procurement portal Bravo. Please raise any clarification questions via Bravo.

The objective of this commission is to assess the achievability of National Highways' greenhouse gas reduction plans, published in Net Zero Highways, for 2030 (for its operations) and 2040 (for its maintenance, renewals and construction activities) on its pathway to net zero, and to provide intelligence and estimates of the impact on the cost of delivery to achieve the plans.

The ORR are aware of an issue where sub-systems have been brought into use without an Interoperability authorisation. The ORR want, on a NR Region basis the following; 1. The size of the issue determined (i.e the number of sub-systems brought into use without an authorisation where an authorisation was most likely required). 2. The significance of the issue in terms of regulatory compliance as well as future safety, quality and cost implications. 3. An evidenced opinion on the cause(s) of the issue. 4. An informed opinion on whether the issue is ongoing and whether NR are adequately addressing the issue. The scope shall include the following: • NR led and 3rd Party projects going back to 1st April 2017.Collecting evidence from Network Rail Sponsors, DEAM's and Capital Delivery Directors on current and previous construction projects dating back to 2017 with ORR authorisation tracker • Investigating a sample of infrastructure project completed, including but not exclusively 3rd party station projects dating back up to 5 years, use this a base line, collect statements from Network Rail • Investigating a sample of current projects in progress but not captured in ORR authorisation tracker • The consultant shall ensure the Network Rail and 3rd party owned projects receive equal scrutiny, we are interested to understand the relationship that both 3rd parties and Network Rail have with the authorisation process • Understanding relationship of ASPRO (Asset Protection and Optimisation) with 3rd parties • Understanding why any identified unauthorised works continued without a Network Change Notification • Investigating differences in process and acceptance between SRPs (System Review panel) across the regions to understand level of variability across the Network • Provide evidence of good and poor practices

ORR independently monitors National Highways' management of the Strategic Road Network (SRN) - motorways and main A roads in England. We hold National Highways to account for: • how it plans and delivers its Road Investment Strategy (RIS); • its performance, including efficiency, safety and sustainability, for the benefit of road users and the public; and • compliance with its licence. This is set out as part of our statutory role and requirements under the Infrastructure Act 2015. However, over the last two years, due to increasing concerns from a range of stakeholders over the safety of Smart Motorways, ORR has been called on to provide independent assurance and monitor specific areas of National Highways' delivery in relation to the safety of Smart Motorways. This includes holding National Highways' to account for delivery of the milestones and actions within DfT's Smart Motorway Safety Evidence Stocktake and Action Plan Alongside this, following increasing concerns over the safety of Smart Motorways, the Transport Select Committee (TSC) launched an inquiry into the rollout and safety of Smart Motorways. In November 2021, the TSC published its findings report which included nine recommendations for Government. The Department for Transport (DfT) has responded to the TSC's report and agreed to take forward all nine recommendations. Within this report, there were three recommendations that specifically referenced ORR. These were:  Recommendation 1: The Department should make the introduction of changes to the design and operation of the Strategic Road Network depend on a formal health and safety assessment by the Office of Rail and Road  Recommendation 4: The Department and National Highways should commission the Office of Rail and Road to conduct an independent evaluation of the effectiveness and operation of stopped vehicle detection technology, including maintenance and monitoring.  Recommendation 6: Beginning in September 2022, the Office of Rail and Road should be tasked with evaluating how successful the action plan has been in; a) reducing incidences of live lane breakdowns on all-lane running motorways; b) reducing the time for which people who breakdown or stop in a live lane are at risk; and c) educating drivers on what to do if they breakdown in a live lane ORR is seeking independent resources and expertise to support delivery of recommendation 6, part c), and assess the impact of National Highways' Smart Motorways education campaigns. Objectives ORR is seeking: 1) validation of National Highways current evaluation framework, including the existing processes and governance in place to evaluate its education campaigns that can be applicable to smart motorways; and 2) a proposed methodology for assessing the on-road behavioural impact of National Highways' education campaigns that can be applied to smart motorways Additional information: This tender exercise is being conducted via our procurement portal Bravo. Please raise any clarification questions via Bravo.

Advice to the Office of Rail and Road and Channel Tunnel Safety Authority (CTSA) concerning: How the carriage of alternative fuel vehicles could impact the fire and explosion risk profile for a long underground railway tunnel environment. Additional information: The tender exercise is being managed via the ORR Procurement portal (BRAVO). All tender clarification questions must be raised via the portal. The closing date for receipt of tenders is 26 Aug 22 at 1000hrs.

The ORR has recently begun its 2023 periodic review of Network Rail covering the five years from April 2024 to March 2029. A central element of every periodic review is a cost assessment whereby ORR determines the appropriate level of expenditure required to deliver the outputs set by funders. The System Cost & Efficiency team is part of the Capital Investment, Enhancements, Engineering and Asset Management team in ORR and is focussed on achieving an efficient cost assessment as part of the PR23 process. Network Rail delivered round 4.5 of its plan to ORR in Mar 22. This was the final top-down plan and Network Rail has now moved to round 5.0, the first stage of bottom-up planning. ORR will not receive this plan, but wishes to gain confidence that risk and uncertainty is adequately considered as part of Network Rail plans and therefore wishes to commission a study into the methodology used within Network Rail to develop its P(50) plan. Currently an Independent Reporter piece of work is being conducted into the use of unit rates within Network Rail, an overview is shown below. The output from the Independent Reporter, when combined with the outputs described in section 2.3 will provide ORR with a holistic view of risk inherent within Network Rail planning processes. Independent reporter: How are unit cost rates calculated and used Background: Unit rates, when combined with the volumes of work to be undertaken, provide the key costing information for the renewals plan. Local and national rates often exist, their selection criteria is not always documented in Network Rail's Initial Business Plan (IBP) and their limitations / applicability need to be understood. Why is this an issue: Unit rates are a key cost driver. Appropriate selection is imperative, national rates should be the composite average, as such, local rates, when combined should average out at the national rate. Should a more advantageous rate be selected for planning purposes additional (excessive) risk provision would be embedded in estimates. Plan to address: Independent Reporter commissioned What does "good" look like as an outcome for ORR: Clear understanding of the statistical significance of local / national unit rates and their applicability / selection criteria. An understanding of the adherence to these criteria, allows a quantitative view of embedded risk. Additional information: The tender exercise is being managed via the ORR Procurement portal (BRAVO). All tender clarification questions must be raised via the portal.

The Office of Rail and Road (ORR) is currently carrying out its 2023 Periodic Review of Network Rail (PR23). This will set the outputs and funding for Network Rail for Control Period 7 (CP7) which will run from 1st April 2024 to 31st March 2029. As part of this process, ORR is reviewing the Schedule 8 regime. Schedule 8 is the industry performance regime, which incentivises Network Rail and train operators for fluctuations in train performance from pre-determined benchmarks, and in so doing provides financial protection to operators against unplanned disruption. ORR's work on Schedule 8 is part of the 'charges and incentives' pillar of PR23 and is being led by ORR's Rail Economics team. This ITT for the recalibration of the passenger Schedule 8 regime and covers the following work: •Network Rail Benchmarks •Train Operator Benchmarks •Network Rail Payment Rates •Train Operator Payment Rates •Sustained Poor Performance thresholds

The Office of Rail and Road (ORR) is currently carrying out its 2023 Periodic Review of Network Rail (PR23). This will set the outputs and funding for Network Rail for Control Period 7 (CP7) which will run from 1st April 2024 to 31st March 2029. As part of this process, ORR is reviewing the Schedule 8 regime. Schedule 8 is the industry performance regime, which incentivises Network Rail and train operators for fluctuations in train performance from pre-determined benchmarks, and in so doing provides financial protection to operators against unplanned disruption. ORR's work on Schedule 8 is part of the 'charges and incentives' pillar of PR23 and is being led by ORR's Rail Economics team. This ITT for the recalibration of the passenger Schedule 8 regime and covers the following work: •Network Rail Benchmarks •Train Operator Benchmarks •Network Rail Payment Rates •Train Operator Payment Rates •Sustained Poor Performance thresholds

The primary purpose of this review is to support the board's thinking on how they carry out their role, explore ways the organisation might better benefit from their individual contributions, and encourage them to look for ways to improve their overall effectiveness. We anticipate that the action of undertaking the review and having wide ranging conversations about ambition, risk and purpose will strengthen the personal relationships and build on existing levels of trust and engagement to enable even more effective team working at board level.The involvement of non-board directors in exploring the wider organisational issues as part of the review will also inform and strengthen working relationships. Some roll out to the Deputy Directors may be appropriate to spread that benefit further through the senior leadership group. Additional information: The tender exercise is being managed via the ORR Procurement portal (BRAVO). All tender clarification questions must be raised via the portal.

We want third-party assurance of National Highways' updated biodiversity plan, We want to understand if the plan is robust, follows best practise and receive recommendations on how ORR could continue to hold National Highways to account.

We are looking for a consultant to engage with stakeholders and provide its expert opinion, to help ORR to reach a robust evidence-based policy position on its new approach to monitoring network availability and possession management in CP7. This will help us build a robust proposal, informed by the views of operators, the infrastructure manager and other stakeholders impacted by both the change in incentive regime and our monitoring approach. In terms of wider outcomes, this study should provide evidence for a robust approach for monitoring network availability and possession management in CP7 to be outlined in our Final Determination, published in October 2023. This should be based on a suite of measures and qualitative information we can use to monitor Network Rail. We do not expect this work to propose the development of new metrics to monitor Network Rail's management of possessions and network availability, ahead of implementation of rail reform. Instead, this work should highlight the strengths and weaknesses of current measures, so GBR can consider these in the development of any future measures post rail reform. Additional information: The tender exercise is being managed via the ORR Procurement portal (BRAVO). All tender clarification questions must be raised via the portal.

The ORR are aware of an issue where sub-systems have been brought into use without an Interoperability authorisation. The ORR want, on a NR Region basis the following; 1. The size of the issue determined (i.e the number of sub-systems brought into use without an authorisation where an authorisation was most likely required). 2. The significance of the issue in terms of regulatory compliance as well as future safety, quality and cost implications. 3. An evidenced opinion on the cause(s) of the issue. 4. An informed opinion on whether the issue is ongoing and whether NR are adequately addressing the issue. The scope shall include the following: • NR led and 3rd Party projects going back to 1st April 2017.Collecting evidence from Network Rail Sponsors, DEAM's and Capital Delivery Directors on current and previous construction projects dating back to 2017 with ORR authorisation tracker • Investigating a sample of infrastructure project completed, including but not exclusively 3rd party station projects dating back up to 5 years, use this a base line, collect statements from Network Rail • Investigating a sample of current projects in progress but not captured in ORR authorisation tracker • The consultant shall ensure the Network Rail and 3rd party owned projects receive equal scrutiny, we are interested to understand the relationship that both 3rd parties and Network Rail have with the authorisation process • Understanding relationship of ASPRO (Asset Protection and Optimisation) with 3rd parties • Understanding why any identified unauthorised works continued without a Network Change Notification • Investigating differences in process and acceptance between SRPs (System Review panel) across the regions to understand level of variability across the Network • Provide evidence of good and poor practices Additional information: The tender exercise is being managed via the ORR Procurement portal (BRAVO). All tender clarification questions must be raised via the portal.

The key objective of this project is to establish the appropriateness of Network Rail and National Highways usage of input price inflation within the current economic climate and provide an assessment of the forecast methodologies used.

The project objective is to assess existing and/or collect new evidence and produce a report which will make recommendations on determining access rights contained in the applications referenced. Regarding any new evidence we would expect the consultant to discuss the scope the ORR project lead. The first part of the project will focus on the operational capacity and performance evidence needed, which will rely heavily on Network Rail and the applicant's input and expertise. Depending on the results of the operational capacity analysis the consultant may be asked to conduct economic analysis on the applications.The report produced and the assessment undertaken will help inform ORR's decision on which access rights should be approved within the track access applications. ORR is likely to cite this analysis in explaining the reasons for its final decisions. Therefore, the assessment must follow best practice, to ensure it is robust, impartial, consistent, and transparent in its treatment of each of the service options. The assessment must also differentiate between existing and additional services and provide a response on each category as to if and when they can be accommodated. For clarity, we define additional services as those that are additional to the services operating from December 2022 (and included in the current AWC Section 18 application). This will include consideration of the application from WMT for a timebound service and any extension beyond its planned expiry date.This review and analysis of evidence already provided, planned perturbation analysisand any further analysis should not duplicate Network Rail or applicant work (unless necessary).The consultants will be expected to work constructively with both infrastructure manager and operators. Additional information: The tender exercise is being managed via the ORR Procurement portal (BRAVO). All tender clarification questions must be raised via the portal.

The overarching objective of this commission is to help ORR understand the extent to which other regulators both in the UK and abroad (in for example, North America, Europe and Japan): (1) use behavioural science and behavioural economics principles and methods; (2) assess and manage regulatory risk; and (3) undertake stakeholder engagement, public consultation and act transparently to drive good outcomes, including constructive relationships in their regulated sectors.

ORR is seeking advice on its approach to understanding and regulating the Infrastructure Manager's (IM) delivery of strategic planning. ORR has previously more directly involved with strategic planning, but during CP6 our engagement with NR's System Operator has focused more strongly on other issues such as timetabling. We consider that strategic planning is likely to need a stronger regulatory focus during CP7 and would therefore like to consider our capabilities and approach. We are seeking advice and recommendations on the following: • What characteristics and qualities the IM's strategic planning processes will need to support the public interest and private sector use of the network (freight and open access). • Evaluative commentary on Network Rail's previous approaches to strategic planning, including: o An assessment of what characteristics/qualities worked particularly well, or conversely were problematic o What fostered good engagement and confidence in the outcomes o Whether there are lessons to be drawn from previous approaches. • What types of behaviours need to be encouraged through our regulatory approach, both within IM and by stakeholders; and how these behaviours can be a) assessed and b) supported/incentivised. • How the strategic planning function of NR and/or GBR can be held to account through Control Period 7. This should include consideration of: o How and when in strategic planning process ORR can most effectively evaluate (and if necessary, intervene in) strategic planning to ensure that it delivers government priorities and stakeholder requirements. o What elements of the strategic planning process ORR could most effectively seek to evaluate (for example, consideration of "input" issues such as stakeholder engagement; process and capability issues; and output quality.) o Whether there are lessons to be drawn for ORR's approach to holding to account on strategic planning, potentially drawing on previous approaches or the approach taken by other regulators. • Updating ORR's guidelines on strategic planning. Our current guidance is available here: Long term planning process | Office of Rail and Road (orr.gov.uk) • What capabilities ORR may need to develop or source to support our future capability in holding the IM to account. Advice and recommendations should be robust to the particular circumstances of GBR as an integrated rail body (responsible for both infrastructure and large proportion of train service specification) and the current position of NR as IM but not franchise authority. It will be critical that all funders, specifiers, all types of train operator and freight operators have confidence in the strategic planning process whatever wider industry structure is in place. We are not seeking advice on what GBR's strategic planning process should be, or how it is resourced or delivered. This is a matter for GBR. Additional information: The tender exercise is being managed via the ORR Procurement portal (BRAVO). All tender clarification questions must be raised via the portal.

We require a benchmarking study of the factors that impact the planning, forecasting and deliverability of UK infrastructure projects across different sectors. We envision this would require a contractor to compile qualitative and quantitative evidence about the factors affecting deliverability of capital projects (renewals and enhancements), then analyse this information to establish the key factors which are currently governing deliverability.

To provide an independent audit of the work of the recalibration consultants that will inform industry and ORR sign-off of the regime before the start of CP7