Rival consortia bidding for the £7 billion London Underground
public-private partnership are threatening legal action if Bechtel
wins project management work on all three contracts.
Bechtel is already in a consortium with Amey, Jarvis and Hyder for
the two deep-level contracts. But it has emerged that Bechtel will
project manage the sub/surface package for Railtrack if Railtrack's
exclusive bid is successful.
Controversy is already raging around LU's decision to hold
exclusive talks with Railtrack for the sub/surface lines. Bechtel's
involvement has fuelled that controversy.
Rival consortia feel that the rules of engagement are being bent to
allow Bechtel to bid as part of one consortia and play an
influential role in another.
London Underground has said that no company can bid as part of two
consortia. It has also confirmed that Railtrack will not be allowed
to bid for the two deep-level contracts.
But a rival consortium member said: "Technically Bechtel hasn't
broken LU's rules. But it raises huge questions about whether LU
has breached European procurement and competition rules and our
lawyers are looking at that. If Bechtel is successful in bidding
for the two deep surface lines and project manages the subsurface
lines, we have a monopoly."
Another consortium member said LU could be out of its depth with
negotiations with Railtrack and Bechtel. He said: "Bechtel is
famous for not being prepared to take any risks. Railtrack has a
reputation for being an extremely tough negotiator.
"It is a dangerous combination for London Underground to deal with.
The danger is they could get too far down the line before they
realise what they have got into. They should have played the rest
of the market along for a bit longer," he added.
Another consortium contractor said: "We have been excluded from
bidding for the sub/surface contract but Bechtel has been allowed
to be part of all three contracts. It may not be technically
bidding for the sub/surface lines with Railtrack but you can be
sure it will have a big input into how the deal shapes up."
A Railtrack spokeswomen said: "It would be inappropriate to comment
while detailed discussions with the Government and LU are
ongoing."
A Bechtel spokesman said: "Not a single contract has been awarded
yet and so the issue is highly speculative.
"And we do not comment on speculation," he added.