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July 10, 2006: 

The Honorable Richard C. Shelby: 
Chairman: 
Committee on Banking, Housing and Urban Affairs: 
United States Senate: 

Subject: Active Commuter Rail Agency Service Contracts: 

Dear Mr. Chairman: 

Commuter rail is an important part of the transportation system in many 
cities and regions in our country, providing more than 420 million 
passenger trips in 2005. Although several of the largest commuter rail 
agencies hire their own employees, many agencies contract with other 
companies, including Amtrak, freight railroads, and private rail 
operators, to provide services that are critical to running the 
agencies' trains. These contracted services include providing crews to 
operate trains (train operations); maintenance of equipment (MOE), 
including maintenance of train cars and locomotives; dispatching train 
traffic; and maintenance of way (MOW), which involves maintaining the 
track, signals, and other track infrastructure. Commuter rail agencies 
can obtain these services by opening contracts to competition or 
through noncompetitive negotiations with a service provider. 

You asked us to provide information on the service arrangements between 
commuter rail agencies and other companies. Accordingly, we addressed 
the following questions: (1) How many currently active commuter rail 
service contracts were obtained through competitive and noncompetitive 
processes? (2) What differences, if any, are there between 
competitively and noncompetitively negotiated contracts? Through 
interviews and site visits with commuter rail agencies, we identified 
all 50 active commuter rail contracts that provided at least one of the 
four following services: train operations, MOE, dispatching, and MOW. 
Of these 50 contracts, we found that 22 only provided access to 
infrastructure and services directly related to maintaining and 
operating the infrastructure (e.g., dispatching and MOW). These 
contracts did not include other services, such as train operations, 
that are not bound to the infrastructure and for which a commuter rail 
agency could choose a provider other than the infrastructure owner. We 
excluded these 22 contracts from our analysis because commuter rail 
agencies must negotiate with the infrastructure owner for access, and 
infrastructure owners generally conduct their own dispatching and 
maintain their own rights-of-way. The other 28 contracts included at 
least one service that was not bound to infrastructure used by the 
commuter rail agency and, therefore, could be provided by an entity 
other than the infrastructure owner. These contracts were included in 
our analysis and are discussed in greater detail in our findings. 

About Half of Commuter Rail Service Contracts Were Obtained through 
Competitive Processes: 

Fifteen of the 28 active commuter rail service contracts were obtained 
through competitive processes. As of July 1, 2006, Herzog, a private 
rail operator headquartered in Missouri, held 7 of the competitively 
procured contracts. Amtrak held 2 of the competitively procured 
contracts--including a turnkey service for Caltrain, a commuter rail 
service linking San Francisco and San Jose, under which Amtrak provides 
services critical to running Caltrain's commuter service, as well as 
operations at several of Caltrain's passenger stations. The remaining 6 
contracts were spread among six other private transportation companies. 

The other 13 contracts were negotiated noncompetitively. Amtrak held 5 
of these 13 contracts, and three freight railroads--Burlington Northern 
Santa Fe (BNSF), CSX, and Union Pacific--held 6. The remaining 2 
noncompetitive contracts were negotiated between commuter rail agencies 
that share continuous rights-of-way.[Footnote 1] 

Table 1 provides information on all 28 active commuter rail service 
contracts. 

Table 1: Active Commuter Rail Service Contracts: 

Commuter rail agency: Competitively negotiated contracts: Altamont 
Commuter Express (ACE); 
Services: Train operations and MOE; 
Contracted service provider: Herzog[A]; 
Contract period: June 1998-June 2009, with the option to extend the 
contract for a period deemed appropriate by ACE's board; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: Maryland 
Transit Administration (MARC); 
Services: Contract for MOE services at MARC's maintenance facility in 
Frederick, Maryland; 
Contracted service provider: Amtrak; 
Contract period: Dec. 2001- Dec. 2006; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: Massachusetts 
Bay Transportation Authority (MBTA); 
Services: Train operations, MOE, MOW, dispatching, and station 
operation; 
Contracted service provider: Massachusetts Bay Commuter Railroad 
Company (MBCR); 
Contract period: July 2003-July 2008, with the option to extend through 
2013; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: Nashville 
Music City Star[B]; 
Services: Train operations and MOE; 
Contracted service provider: Transit Solutions Group; 
Contract period: Begins from the start of revenue service for 5 years, 
with the option to extend for 5 years; notice to proceed was issued in 
May 2006; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: New Jersey 
Transit Corporation (NJT)[C]; 
Services: MOE; 
Contracted service provider: Herzog; 
Contract period: July 2005-June 2010, with the option to extend through 
June 2012; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: New Mexico 
Rail Runner Express[B]; 
Services: Train operations, MOE, and MOW; 
Contracted service provider: Herzog; 
Contract period: Fall 2005-2010, with the option to extend until 2012; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: North County 
Transit District (Coaster); 
Services: Train operations, MOE, and MOW; 
Contracted service provider: Herzog; 
Contract period: July 2006-June 2011; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: Peninsula 
Corridor Joint Powers Board (Caltrain); 
Services: Train operations, MOE, MOW, dispatching, and station 
operation; 
Contracted service provider: Amtrak; 
Contract period: July 2001-June 2009, with the option to extend until 
June 2011; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: Southern 
California Regional Rail Authority (SCRRA), operator of Metrolink 
Commuter Rail Service; 
Services: MOE; 
Contracted service provider: Bombardier; 
Contract period: July 2003-June 2010, with the option to extend until 
2013; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: SCRRA; 
Services: Train operations; 
Contracted service provider: Connex; 
Contract period: July 2005-June 2010, with the option to extend until 
2015; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: SCRRA; 
Services: MOW (track and structures); 
Contracted service provider: Herzog; 
Contract period: March 2001-June 2007; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: SCRRA; 
Services: MOW (signals and communication); 
Contracted service provider: Mass Electric Construction Co; 
Contract period: July 2001-June 2007; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: Tri-County 
Commuter Rail Authority (Tri-Rail); 
Services: Train operations and MOE; 
Contracted service provider: Herzog; 
Contract period: Nov. 2002-June 2007; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: Trinity 
Railway Express (TRE); 
Services: Train operations, MOE, MOW, and dispatching; 
Contracted service provider: Herzog; 
Contract period: Oct. 2005-Oct. 2010, with the option to extend through 
2015; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Competitively negotiated contracts: Virginia 
Railway Express (VRE); 
Services: MOE; 
Contracted service provider: STV Group Inc; 
Contract period: May 2006-May 2007, with 1-year options to extend up to 
2010; 
Was this contract negotiated competitively?: Yes; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Noncompetitively negotiated contracts: Coaster; 
Services: Dispatching; 
Contracted service provider: SCRRA; 
Contract period: In perpetuity until the parties agree to terminate the 
agreement; 
Was this contract negotiated competitively?: No; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Noncompetitively negotiated contracts: 
Connecticut Department of Transportation Shore Line East (SLE); 
Services: Train operations, MOE, MOW, dispatching, and station 
operation; 
Contracted service provider: Amtrak; 
Contract period: March 2006-June 2007; 
Was this contract negotiated competitively?: No[D]; 
Does the contracted provider own the infrastructure?: Yes, owns rights-
of-way. 

Commuter rail agency: Noncompetitively negotiated contracts: MARC; 
Services: Train operations, MOE, MOW, dispatching, and station 
operation; 
Contracted service provider: Amtrak; 
Contract period: Dec. 2004-Dec. 2006; 
Was this contract negotiated competitively?: No; 
Does the contracted provider own the infrastructure?: Yes, owns 
portions of the rights-of- way, Washington Union Terminal, and Ivy City 
Maintenance Yard. 

Commuter rail agency: Noncompetitively negotiated contracts: MARC; 
Services: Train operations, MOE, MOW, and dispatching; 
Contracted service provider: CSX; 
Contract period: July 2005-July 2010; 
Was this contract negotiated competitively?: No[E]; 
Yes, owns portions of the rights-of-way. 

Commuter rail agency: Noncompetitively negotiated contracts: MTA Metro-
North Railroad; 
Services: Train operations, MOE, MOW, and dispatching[F]; 
Contracted service provider: NJT; 
Contract period: In perpetuity until the parties agree to terminate the 
agreement; 
Was this contract negotiated competitively?: No; 
Does the contracted provider own the infrastructure?: Yes, owns 
portions of the rights-of-way in New Jersey. 

Commuter rail agency: Noncompetitively negotiated contracts: New Mexico 
Rail Runner Express[B]; 
Services: Dispatching; 
Contracted service provider: BNSF; 
Contract period: March 2006-March 2009; 
Was this contract negotiated competitively?: No[G]; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Noncompetitively negotiated contracts: NJT; 
Services: MOE; 
Contracted service provider: Amtrak; 
Contract period: July 2005-June 2006; 
Was this contract negotiated competitively?: No; 
Does the contracted provider own the infrastructure?: Yes, owns 
Sunnyside Maintenance and Storage Yard, in which NJT has an easement 
interest. 

Commuter rail agency: Noncompetitively negotiated contracts: 
Northeastern Illinois Regional Commuter Railroad Corporation (Metra); 
Services: Train operations, MOE, MOW, and dispatching; 
Contracted service provider: BNSF; 
Contract period: Jan. 2001-Dec. 2007; 
Was this contract negotiated competitively?: No; 
Does the contracted provider own the infrastructure?: Yes, owns 
portions of the rights-of-way. 

Commuter rail agency: Noncompetitively negotiated contracts: Metra; 
Services: Train operations, MOE, MOW, and dispatching; 
Contracted service provider: Union Pacific; 
Contract period: Jan. 2004-Dec. 2008; 
Was this contract negotiated competitively?: No; 
Does the contracted provider own the infrastructure?: Yes, owns 
portions of the rights-of-way. 

Commuter rail agency: Noncompetitively negotiated contracts: Sound 
Transit, Central Puget Sound Regional Transportation Authority 
(Sounder); 
Services: MOE; 
Contracted service provider: Amtrak; 
Contract period: Sept. 2000-Dec. 2009; 
Was this contract negotiated competitively?: No; 
Does the contracted provider own the infrastructure?: Yes, Amtrak owns 
facilities and leases property at Holgate Maintenance and Storage Yard. 

Commuter rail agency: Noncompetitively negotiated contracts: Sounder; 
Services: Train operations, MOW, and dispatching; 
Contracted service provider: BNSF; 
Contract period: South Route 2000-2040; North Route 2000-2012, with the 
option to extend until 2017; 
Was this contract negotiated competitively?: No; 
Does the contracted provider own the infrastructure?: Yes, owns rights-
of-way. 

Commuter rail agency: Noncompetitively negotiated contracts: Tri-Rail; 
Services: MOW and dispatching; 
Contracted service provider: CSX; 
Contract period: To continue until either party provides 9 months 
notice to end or change the contract; 
Was this contract negotiated competitively?: No[H]; 
Does the contracted provider own the infrastructure?: No. 

Commuter rail agency: Noncompetitively negotiated contracts: VRE; 
Services: Train operations, MOE, MOW, dispatching, and station 
operation; 
Contracted service provider: Amtrak; 
Contract period: July 2005-June 2010; 
Was this contract negotiated competitively?: No[I]; 
Does the contracted provider own the infrastructure?: Yes, owns about 
1.5 miles of rights-of-way from L'Enfant Station into Washington Union 
Terminal and Ivy City Maintenance Yard, which are also owned by Amtrak. 

Source: GAO analysis of commuter rail contract information. 

Notes: Each row of this table represents a single contract. Because 
commuter rail agencies may have multiple contracts to obtain the 
services critical to their operations, a commuter rail agency may be 
listed more than once. For example, Metrolink, a commuter rail service 
in Los Angeles, has four contracts--one for train operations, one for 
maintenance of equipment, and two for maintenance of way--each of which 
is summarized on a separate row; Metrolink, therefore, is listed four 
times in the table. 

[A] Herzog has several subsidiaries, but we did not distinguish between 
them for the purposes of the report. 

[B] The Nashville Music City Star and the New Mexico Rail Runner 
Express are both proposed commuter rail agencies that plan to initiate 
revenue service later in 2006. 

[C] This contract covers about 2 percent of NJT's total maintenance of 
equipment service needs. 

[D] SLE has had a noncompetitive agreement with Amtrak, in part because 
of labor issues, according to agency officials. However, SLE is 
investigating the possibility of contracting with a different train 
operator and having a separate noncompetitive agreement with Amtrak for 
rights-of-way access. 

[E] MARC's contract with CSX requires MARC to issue a request for 
proposals for new train operation crews and maintenance of equipment 
workers because CSX does not wish to provide these services to MARC in 
the future. MARC officials are working to develop the request for 
proposals and plan to issue it late in 2006. 

[F] This contract covers about 7.5 percent of Metro-North's total 
service and applies only to Metro-North services west of the Hudson 
River. 

[G] In March 2006, New Mexico purchased rights-of-way from BNSF and 
established a Joint Use Agreement. In accordance with the terms of the 
agreement, BNSF will provide dispatching services over this rights-of- 
way for 3 years (until March 2009). After this initial period, New 
Mexico may assume dispatching responsibilities or select another 
provider. 

[H] This contract is between the state of Florida and CSX. According to 
Tri-Rail officials, dispatching and MOW services were negotiated as a 
part of the sale of CSX's rights-of-way to the state when the service 
was initiated. The state of Florida now owns the rights-of-way and may 
choose to competitively procure this service contract provided the 
state gives CSX 9 months' notice of its intention to do so. 

[I] In its July 2005 renegotiations with Amtrak, VRE had Amtrak 
separate its costs for access and midday storage at Washington Union 
Terminal (WUT) from other expenses. This information would allow VRE to 
competitively procure train operations in 2010, when its current 
service contract with Amtrak expires. VRE's long-term plans also 
include the construction of maintenance facilities so that equipment 
maintenance would not need to be performed at WUT. The WUT contract 
would remain noncompetitive, but VRE would be able to competitively 
procure maintenance of equipment services. 

[End of table] 

Infrastructure Ownership Appears to Be an Important Determinant in 
Whether Contracts Are Competitively Negotiated: 

According to our analysis, the most notable difference between 
contracts that were competitively and noncompetitively negotiated was 
whether the service provider owned the infrastructure that the commuter 
rail agency was using. Specifically, for all 15 contracts that were 
negotiated competitively, the service provider did not own the 
infrastructure used by the commuter rail agency. Rather, in most cases 
the commuter rail agency or its sister transit agency owned the 
majority of the infrastructure. In contrast, for 10 of the 13 contracts 
that were negotiated noncompetitively, the service provider owned the 
infrastructure used by the commuter rail agency. In two other cases, 
the service provider was the former owner of the rights-of-way, and the 
service agreement was established concurrently with the sale of the 
track. Thus, the service provider currently or previously owned the 
infrastructure used by the commuter rail agencies for 12 of the 13 
noncompetitively negotiated contracts. 

Another difference between the competitively and noncompetitively 
negotiated contracts was the types of services included in the 
contract. Although competitive and noncompetitive contracts were almost 
equally likely to cover train operations, maintenance of equipment, and 
maintenance of way, the noncompetitive contracts were much more likely 
to include dispatching--an important infrastructure-related service 
that allows the provider to control train traffic on the rights-of-way. 
(See table 2.) 

Table 2: Services Included in Contracts Reviewed: 

Service: Train operations; 
Competitive contracts: 9 of 15; 
Noncompetitive contracts: 8 of 13. 

Service: Maintenance of equipment; 
Competitive contracts: 12 of 15; 
Noncompetitive contracts: 9 of 13. 

Service: Maintenance of way; 
Competitive contracts: 7 of 15; 
Noncompetitive contracts: 9 of 13. 

Service: Dispatching; 
Competitive contracts: 3 of 15; 
Noncompetitive contracts: 11 of 13. 

Source: GAO analysis of commuter rail agency contract information. 

Note: Most contracts included terms for more than one service. For 
example, a single contract may include train operations, maintenance of 
equipment, and maintenance of way services. As a result, the number of 
services exceeds the number of contracts in each column. 

[End of table] 

Although infrastructure ownership appears to have played a critical 
role in determining whether the current contracts were negotiated 
competitively, commuter rail agencies indicated that, in the future, 
they may have greater latitude in choosing a provider other than the 
infrastructure owner. For example, several commuter rail agencies have 
taken steps to competitively procure services that are currently being 
provided by the infrastructure owner, and two agencies noted that the 
Massachusetts Bay Transportation Authority's (MBTA) experience with 
changing service providers served as an example for other agencies. 
Specifically, in 2003, MBTA replaced Amtrak with a new service 
provider, even though Amtrak had provided these services since 1987 and 
the two agencies are dependent on each other's infrastructure. In 
addition, commuter rail agency officials noted that the number of 
private rail companies has grown in the last 5 to 10 years, potentially 
making competitive negotiations financially more worthwhile. For 
example, officials from the Virginia Railway Express (VRE) took steps 
to restructure their current service contract with Amtrak and are 
developing long-term plans to build their own equipment maintenance 
yard so that the agency is positioned to competitively negotiate train 
operations and maintenance of equipment services when their contract 
with Amtrak expires in 2010. 

Agency Comments: 

We provided the Department of Transportation and Amtrak officials with 
a draft of this report for review and comment. Both agencies provided 
technical clarifications that we incorporated, as appropriate. 

Scope and Methodology: 

To address our objectives, we contacted officials from all existing 
commuter rail agencies, as reported by the American Public 
Transportation Association, as well as two proposed commuter rail 
agencies that plan to initiate service in 2006. We conducted a 
semistructured interview with each agency to identify its service 
needs, the companies it has contracted with, and the scope of the 
services covered by its contracts. We also determined through these 
interviews whether the contracts included rights for the commuter rail 
agency to access infrastructure owned by the service provider (e.g., 
rights-of-way, passenger stations, and train maintenance yards). 
Through site visits with seven existing and one proposed commuter rail 
agency and through follow-up correspondence with all existing commuter 
agencies and the two proposed commuter agencies, we identified the 
length of the service contracts and determined whether each contract 
had been competitively or noncompetitively negotiated. We also examined 
some current commuter rail service contracts and documents related to 
milestones in agencies' competitive procurement processes.[Footnote 2] 
To ensure the accuracy of information summarized in the report, we 
verified the information we collected with the commuter rail 
agencies.[Footnote 3] 

Our review identified 50 active commuter rail contracts that provided 
at least one of four services critical to running an agency's service-
-that is, these services are all related to the movement of trains 
(i.e., train operations, MOE, dispatching, or MOW).[Footnote 4] Many of 
these contracts covered more than one critical service. Of the 50 
contracts, we found that 22 provided access only to infrastructure and 
services directly related to maintaining and operating the 
infrastructure (e.g., dispatching and MOW). These contracts did not 
include other services, such as train operations, that are not bound to 
the infrastructure and for which a commuter rail agency could choose a 
provider other than the infrastructure owner. We excluded these 22 
contracts from our analysis because commuter rail agencies must 
negotiate with the infrastructure owner for access, and infrastructure 
owners generally conduct their own dispatching and maintain their own 
rights-of-way. A limitation of our analysis is that we did not collect 
information on the willingness of infrastructure owners to provide 
infrastructure access without also providing other services to commuter 
rail agencies. Table 3 describes all 50 contracts and indicates whether 
they are included in our analysis. 

Table 3: Commuter Rail Service Contracts, by Agency: 

Commuter rail agency: Existing commuter rail agencies: Altamont 
Commuter Express (ACE); 
Provider: Herzog; 
Contract description: Contract for train operations and MOE; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Altamont 
Commuter Express (ACE); 
Provider: Union Pacific; 
Contract description: Contract for access to Union Pacific rights-of-
way (ROW) and associated dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Altamont 
Commuter Express (ACE); 
Provider: Caltrain; 
Contract description: Contract for dispatching and train storage at 
Caltrain's San Jose Station; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Connecticut 
Department of Transportation Shore Line East (SLE); 
Provider: Amtrak; 
Contract description: Contract for train operations, MOE, dispatching, 
MOW, and station operation; also includes access to Amtrak ROW; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Maryland Transit 
Administration (MARC); 
Provider: Amtrak; 
Contract description: Contract for train operations, MOE, dispatching, 
MOW, and station operation; also includes access to Amtrak ROW and 
Washington Union Station; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Maryland Transit 
Administration (MARC); 
Provider: Amtrak; 
Contract description: Contract for MOE services at MARC's maintenance 
facility in Frederick, Maryland; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Maryland Transit 
Administration (MARC); 
Provider: CSX; 
Contract description: Contract for train operations, MOE, dispatching, 
and MOW; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Massachusetts 
Bay Transportation Authority (MBTA); 
Provider: MBCR; 
Contract description: Contract for train operations, MOE, dispatching, 
MOW, and station operation; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Massachusetts 
Bay Transportation Authority (MBTA); 
Provider: Amtrak; 
Contract description: Contract for access to Amtrak-owned ROW and 
associated dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Massachusetts 
Bay Transportation Authority (MBTA); 
Provider: Amtrak; 
Contract description: Contract for MOW at the Route 128 Station, which 
is owned by Amtrak but sits on land owned by MBTA; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Massachusetts 
Bay Transportation Authority (MBTA); 
Provider: CSX; 
Contract description: Contract for access to CSX ROW and associated 
dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Massachusetts 
Bay Transportation Authority (MBTA); 
Provider: Guilford; 
Contract for access to Guilford ROW and associated dispatching; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: MTA Long Island 
Rail Road (LIRR); 
Provider: Amtrak; 
Contract description: Contracts for MOW and special maintenance 
projects, as well as access to ROW approaching Penn Station and Penn 
Station itself, all of which are owned by Amtrak[A]; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: MTA Metro-North 
Railroad; 
Provider: New Jersey Transit; 
Contract description: Contract for train operations, MOE, dispatching, 
and MOW, as well as access to NJT ROW; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: New Jersey 
Transit Corporation (NJT); 
Provider: Herzog; 
Contract description: Contract for MOE services on a small portion of 
the NJT train fleet; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: New Jersey 
Transit Corporation (NJT); 
Provider: Amtrak; 
Contract description: Contract for MOE services at Amtrak's Sunnyside 
Yard; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: New Jersey 
Transit Corporation (NJT); 
Provider: Amtrak; 
Contract description: Contract for access to Amtrak ROW and Penn 
Station, as well as dispatching, MOW, and services related to use of 
Amtrak ROW and Penn Station; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: New Jersey 
Transit Corporation (NJT); 
Provider: Conrail; 
Contract description: Contract for access to Conrail ROW and associated 
dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: North County 
Transit District (Coaster); 
Provider: Herzog; 
Contract description: Contract for train operations, MOE, and MOW; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: North County 
Transit District (Coaster); 
Provider: SCRRA; 
Contract description: Contract for dispatching services; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Northeastern 
Illinois Commuter Railroad Corporation (Metra); 
Provider: Union Pacific; 
Contract description: Contract for train operations, MOE, dispatching, 
and MOW; also includes access to Union Pacific ROW; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Northeastern 
Illinois Commuter Railroad Corporation (Metra); 
Provider: BNSF; 
Contract description: Contract for train operations, MOE, dispatching, 
and MOW; also includes access to BNSF ROW; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Northeastern 
Illinois Commuter Railroad Corporation (Metra); 
Provider: Amtrak; 
Contract description: Contract for MOW and dispatching in the area 
immediately surrounding Chicago Union Station, which is owned by 
Amtrak; contract also includes access to Chicago Union Station; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Northeastern 
Illinois Commuter Railroad Corporation (Metra); 
Provider: Canadian National; 
Contract description: Contract for access to Canadian National ROW, and 
associated dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Northeastern 
Illinois Commuter Railroad Corporation (Metra); 
Provider: Norfolk Southern; 
Contract description: Contract for access to Norfolk Southern ROW, and 
associated dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Northeastern 
Illinois Commuter Railroad Corporation (Metra); 
Provider: CSX; 
Contract description: Contract for access to CSX ROW, and associated 
dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Northeastern 
Illinois Commuter Railroad Corporation (Metra); 
Provider: Illinois Central; 
Contract description: Contract for access to Illinois Central ROW, and 
associated dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Northern Indiana 
Commuter Transportation District (NICTD); 
Provider: Metra; 
Contract description: Contract for access to Metra ROW, stations, and 
associated dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Peninsula 
Corridor Joint Powers Board (Caltrain); 
Provider: Amtrak; 
Contract description: Contract for train operations, MOE, dispatching, 
MOW, and station operation; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Peninsula 
Corridor Joint Powers Board (Caltrain); 
Provider: Union Pacific; 
Contract description: Contract for access to Union Pacific ROW and the 
right for Caltrain to maintain and operate this portion of the track; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Sound Transit, 
Central Puget Sound Regional Transportation Authority (Sounder); 
Provider: Amtrak; 
Contract description: Contract for MOE and access to Holgate 
Maintenance Yard; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Sound Transit, 
Central Puget Sound Regional Transportation Authority (Sounder); 
Provider: BNSF; 
Contract description: Contract for train operations, dispatching, and 
MOW, as well as access to BNSF ROW; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Southeastern 
Pennsylvania Transportation Authority (SEPTA); 
Provider: Amtrak; 
Contract description: Contract for access to Amtrak-owned ROW, as well 
as associated MOW, dispatching, and propulsion power on Amtrak's 
Northeast Corridor and Harrisburg Line; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Southern 
California Regional Rail Authority (SCRRA), operator of Metrolink 
Commuter Rail Service; 
Provider: Connex; 
Contract description: Contract for train operations; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Southern 
California Regional Rail Authority (SCRRA), operator of Metrolink 
Commuter Rail Service; 
Provider: Bombardier; 
Contract description: Contract for MOE; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Southern 
California Regional Rail Authority (SCRRA), operator of Metrolink 
Commuter Rail Service; 
Provider: Herzog; 
Contract description: Contract for MOW (track and structures); 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Southern 
California Regional Rail Authority (SCRRA), operator of Metrolink 
Commuter Rail Service; 
Provider: Mass Electric Construction Co; 
Contract description: Contract for MOW (signals and communications); 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Southern 
California Regional Rail Authority (SCRRA), operator of Metrolink 
Commuter Rail Service; 
Provider: Union Pacific; 
Contract description: Shared-use agreements for access to Union Pacific 
ROW, and associated MOW and dispatching; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Southern 
California Regional Rail Authority (SCRRA), operator of Metrolink 
Commuter Rail Service; 
Provider: BNSF; 
Contract description: Shared use agreements for access to BNSF ROW, and 
associated MOW and dispatching; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Trinity Railway 
Express (TRE); 
Provider: Herzog; 
Contract description: Contract for train operations, MOE, dispatching, 
and MOW; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Tri-County 
Commuter Rail Authority (Tri-Rail); 
Provider: Herzog; 
Contract description: Contract for train operations and MOE; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Tri-County 
Commuter Rail Authority (Tri-Rail); 
Provider: CSX; 
Contract description: Contract for dispatching and MOW; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Virginia Railway 
Express (VRE); 
Provider: Amtrak; 
Contract description: Contract for train operations, MOE, dispatching, 
MOW, and station operation; also includes access to Amtrak ROW and 
Washington Union Station; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Virginia Railway 
Express (VRE); 
Provider: STV Group Inc; 
Contract description: Contract for MOE; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Existing commuter rail agencies: Virginia Railway 
Express (VRE); 
Provider: CSX; 
Contract description: Contract for access to CSX ROW, and associated 
dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Existing commuter rail agencies: Virginia Railway 
Express (VRE); 
Provider: Norfolk Southern; 
Contract description: Contract for access to Norfolk Southern ROW, and 
associated dispatching and MOW; 
Included or excluded in our analysis: Excluded. 

Commuter rail agency: Proposed commuter rail agencies:  New Mexico Rail 
Runner Express; 
Provider: Herzog; 
Contract description: Contract for train operations, MOE, and MOW; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Proposed commuter rail agencies:  New Mexico Rail 
Runner Express; 
Provider: BNSF; 
Contract description: Joint Use Agreement for dispatching services; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Proposed commuter rail agencies:  Nashville Music 
City Star; 
Provider: Transit Solutions Group; 
Contract description: Contract for train operations and MOE; notice to 
proceed was issued in May 2006; 
Included or excluded in our analysis: Included. 

Commuter rail agency: Proposed commuter rail agencies:  Nashville Music 
City Star; 
Provider: Nashville and Eastern Rail Authority (NERA). 
Contract description: Contract for access to NERA ROW, and dispatching 
and MOW services through NERA's contractor, the Nashville and Eastern 
Railroad Corporation; notice to proceed was issued in May 2006. 
Included or excluded in our analysis: Excluded. 

Source: GAO analysis of commuter rail contract information. 

[A] Dispatching at Penn Station is a joint responsibility between 
Amtrak and LIRR, with each company providing half of the dispatching 
employees. 

[End of table] 

Our review did not examine commuter rail agencies' compliance with the 
Federal Transit Administration's requirements for the use of 
competitive procurement for railroad service contracts. We conducted 
our review from July 2005 to July 2006 in accordance with generally 
accepted government auditing standards. 

As agreed with your office, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies to 
congressional committees with responsibilities for commuter rail 
issues, the Secretary of Transportation, the Acting President of 
Amtrak, and the Administrators of the Federal Railroad Administration 
and the Federal Transit Administration. We will also make copies 
available to others upon request. In addition, this report will be 
available at no charge on GAO's Web site at [Hyperlink, 
http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-2834 or heckerj@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. Key contributors to this report were 
Nikki Clowers (Assistant Director), Gregory Hanna, Nancy Lueke, and 
Joah Iannotta. 

Sincerely yours, 

Signed by: 

JayEtta Z. Hecker: 
Director, Physical Infrastructure Issues: 

(544122): 

FOOTNOTES 

[1] In the first case, Metro-North Railroad, a commuter rail service in 
the New York City area, has a contract with New Jersey Transit (NJT), 
another commuter rail agency in the same region. Two of Metro-North's 
lines are extensions of New Jersey Transit lines that operate out of 
Hoboken Terminal in New Jersey, and both agencies have found it to be 
efficient to have a single operator (NJT) for this system. In the 
second case, Coaster has a contract for dispatching services provided 
by Southern California Regional Rail Authority (SCRRA), the operator of 
Metrolink Commuter Rail Service. Coaster officials noted that this 
contract is between two California public agencies, and, while 
Coaster's service does not use parts of the rights-of-way owned by 
SCRRA, Metrolink commuter rail service does access Coaster rights-of- 
way. 

[2] Our audit work also contributed to a comprehensive report on 
commuter rail agencies' reliance on Amtrak for services and access to 
infrastructure. See GAO, Commuter Rail: Commuter Rail Issues Should Be 
Considered in Debate over Amtrak, GAO-06-470 (Washington, D.C.: Apr. 
21, 2006). 

[3] Two commuter rail agencies did not respond to our request to verify 
information. 

[4] Commuter rail agencies such as MTA Long Island Rail Road, MTA Metro-
North Railroad, New Jersey Transit, the Northeastern Illinois Regional 
Commuter Railroad Corporation (Metra), the Northern Indiana Commuter 
Transportation District, and the Southeastern Pennsylvania 
Transportation Authority use their own employees for most of their 
service needs, including train operations, dispatching, MOE, and MOW. 
Although the Southern California Regional Rail Authority (SCRRA), which 
operates the Metrolink Commuter Rail Service, contracts out almost all 
other services, it has its own staff to provide dispatching services. 
We did not include these in-house arrangements in our analysis. 

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