The project was set up such that the Project Company does not receive any revenue until trains enter service, at which point it receives availability payments, which are paid by the Train Operators to the Project Company for each train in service and are subject to payment deductions. There are no additional payments from the Procuring Authority, though the availability payments payable by the Train Operators are guaranteed by the Procuring Authority. This arrangement incentivises the Project Company to bring the trains into service as soon as possible, as it was not receiving any revenue during the design and manufacturing stage.
The Train Operator pays the set availability payments to the Project Company on the basis of a specified number of trains being made available to the Train Operator at the start of each operational day. The Train Operator is responsible for returning the train to the Project Company at the end of the day. Under the performance regime, deductions can be levied by the Train Operator if trains are not made available for passenger service at the start of the operational day, or if train faults impact service provision during the day.
Further deductions can be imposed under the KPI regime for aspects relating to the condition of the trains themselves, such as cleanliness. A form of score board for 84 agreed KPIs is set out in the contract to monitor the KPI regime. The KPIs are divided into two groups; presentation of the physical condition of the train (e.g. scratches) and cleanliness. The Project Company populates these scoreboards every time the train is handed over to the Train Operator and the scoreboards are reviewed again during regular performance review meetings.
The set availability payment is paid in advance, with deductions applied retrospectively. This performance regime is a significant change for the Train Operators, who generally lease their other rolling stock and are responsible themselves for their maintenance. The Project Company is aware that this process will need to include a transition period for the Train Operators, and it has been working with them in advance of the trains coming into operation to avoid confusion and disagreement at a later stage. The Procuring Authority is also paying particular attention to the performance regime during the initial operational period.