ProRail chief admits he knowingly broke procurement law for urgent rail repairs

Outgoing ProRail CEO John Voppen says he knowingly violated the Dutch Public Procurement Act in order to carry out urgent rail maintenance that he believed was necessary for safety, even though contract rules prevented assigning the work to existing contractors.

Voppen made the admission in an interview with De Volkskrant. He said the issue arises because ProRail maintenance contracts with contractors are typically fixed for five years. When unexpected repairs are needed during that period, procurement rules can prevent ProRail from assigning the additional work to the same contractor, since doing so could be seen as unfairly favoring that company.

He described observing wear along a rail route that required immediate repair. “From a technical point of view, you just want to repair that. But that was not allowed under the procurement law. I said: we are going to do it anyway. If there is time to fix it, then you just fix it,” Voppen said.

He was explicit that the decision amounted to a deliberate legal violation. “Ultimately I am responsible for a safe and reliable railway. Then you cannot say: we will just let it happen because a contract does not allow it,” he said.

Voppen has worked for ProRail for more than 20 years and became chief executive in 2019. He is scheduled to leave the rail infrastructure company on July 1 to join home care company Total Care.