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CLYDE AND HEBRIDES FERRY SERVICES: INVITATION TO TENDER

ANNEX 20
SUMMARY OF PERFORMANCE STANDARDS REQUIRED

The Executive will monitor all aspects of the service provision. During the term of the contract, the successful operator will be expected to discuss all service issues with the SE and to address any problems that arise to the satisfaction of the SE. In addition, poor performance relating to the punctuality and/or reliability of services will attract a financial penalty.

Tenderers should detail in their bid how they intend to provide the level and accuracy of information required by the Executive for performance monitoring. The Executive will audit this information.

The CHFS network will require to be operated in accordance with following performance regime.

Reliability (Cancellations)

This applies where a sailing is cancelled or is so late that it becomes de facto cancelled. A sailing will normally be considered de facto cancelled if it arrives at the same time or after the next scheduled sailing on that route (i.e. from the same originating port to the same destination port) is due to arrive. However this excludes routes where there is only one return sailing or (less) per day where there are likely to be benefits to users in continuing the service no matter how late it is. It should be noted that the rules for punctuality will still apply in this case. Routes where sailings are provided on demand and are not the subject of scheduled departure and arrival times are excluded from the provisions of this paragraph.

Penalties for cancellation

Each cancelled sailing (other than for a relief event) will attract a financial penalty equivalent to the average subsidy requirement per sailing (ASRS) on that route. There will be no financial penalty where a sailing is cancelled due to a relief event.

No service

If there is no service on any route for 4 consecutive days the Executive may act to ensure the provision of the services. The action must be reasonable in the circumstances and the Executive may seek reimbursement from the operator for any costs.

Punctuality (Lateness)

The CHFS routes fall within 3 bands based on scheduled sailing time:

Band ASailings scheduled to take 45 minutes and under
Band BSailings scheduled to take more than 45 minutes and up to 90 minutes
Band CSailings scheduled to take over 90 minutes

A sailing will not be considered late if it arrives (all fast alongside):

Band A - within 5 minutes of the scheduled arrival time.
Band B - within 10 minutes of scheduled arrival time.
Band C - within 15 minutes of scheduled arrival time.

The overnight freight service between Ullapool and Stornoway will be excluded from lateness thresholds, but will be subject to penalty in respect of cancellations.

Penalties for lateness

Each late sailing (other than for a relief event) will attract a financial penalty equivalent to a proportion of the average subsidy requirement per sailing (ASRS) on that route. There will be no financial penalty where a sailing is late due to a relief event.

The level of penalty will depend on whether the sailing is 'late' or 'significantly late'.

The Executive will allow, without financial penalty, up to 2% of 'late' sailings per route per week. All sailings which are 'significantly late' will attract a financial penalty.

Early Departure

Except for safety reasons no sailing should depart earlier than scheduled.

Reporting

The operator must provide weekly electronic reports to the Executive in respect of each route. The exact format of the report will be agreed between the Executive and the Operator, but the following information will be required in respect of every scheduled sailing:

• route
• date
• vessel deployed
• scheduled departure time
• actual departure time
• scheduled arrival time
• actual arrival time
• minutes late/early
• cause of any delay/cancellation

The Operator will also be required to provide a summary note listing, by route:

• all cancelled or delayed sailings and providing details about date, whether the sailing was late, significantly late or cancelled, the cause of the delay/cancellation and whether the Operator is claiming the delay/cancellation as a relief event.
• the total number of scheduled sailings that week
• the total for the route for the week (allowing for relief events):
  • number of late sailings (before 2% allowance)
  • number of late sailings (with 2% allowance)
  • number of significantly late sailings
  • number of cancelled sailings
• the percentage of late/significantly late sailings on that route in the previous 4 weeks (excluding the 2% allowance) (as a proportion of scheduled sailings and allowing for relief events)
• the percentage of late/significantly late sailings on that route in the previous 12 weeks (as a proportion of scheduled sailings and allowing for relief events)
• the percentage of cancelled sailings on that route in the previous 4 weeks (as a proportion of scheduled sailings and allowing for relief events)
• the percentage of cancelled sailings on that route in the previous 12 weeks (as a proportion of scheduled sailings and allowing for relief events)

In addition, a summary of performance should be provided on the services website. This should provide, for each route:

• reliability and punctuality percentages for the preceding 4 and 12 week periods (both including and excluding relief events); and
• a note setting out any relevant factors which might have affected performance and any relief events which applied.

Thresholds triggering Dispute Resolution Procedure

If, in any 4 week period, reliability or punctuality on any route falls below 98% or 92% respectively, or, over a 12 week period, reliability or punctuality on any route falls below 99% or 96% respectively, the dispute resolution procedures will be triggered. If the operator is unable to rectify performance to the satisfaction of the Executive this will be considered a termination event.

When considering both reliability and punctuality performance the statistics will refer to the percentage of cancelled sailings as a proportion of the total number of scheduled sailings for that week on that route.

All cancelled or late sailings will be taken into account when calculating these thresholds i.e. the 2% of late sailings per week per route which do not attract a financial penalty (as described above) will be included in calculating these thresholds for overall performance.

Performance will be assessed on a rolling 4 and 12 weekly basis i.e. weeks 1 to 4 will be assessed together, then weeks 2 to 5 and so on.

Best Endeavours

Where any sailing is cancelled or delayed (whether caused by a relief event or not) the Operator will be expected to use best endeavours to deal with any backlog as soon as possible and to bring the sailings back on schedule.

Special Events

In addition to the sailings specified in the relevant timetables, the operator will be required to respond to certain unscheduled special events, which temporarily create higher levels of demand on parts of the network.

Given the fluid nature of these extra sailings they will not be covered by the punctuality and performance regime set out above. However, if appropriate provision is not made (in line with the bid proposals put forward at technical bid stage) the dispute resolution procedures would be triggered.

Relief Events

Annex 21 sets out the main relief events which will be acceptable to the Executive. The terms and conditions of contract will set out the relief events the Executive proposes in detail. From time to time the Executive may also notify the operator in writing of any additional relief events which it will accept.

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