21 Accepted

Any rectification work required should be completed before the expiry of the contract.

Conclusion
Any rectification work required should be completed before the expiry of the contract. Once the PFI company has closed, authorities have limited options to reclaim any money owed. One option for protecting against this is to build a retention fund, whereby a portion of the authority’s annual payment is set aside specifically to pay for any rectification work at expiry. The NAO found that of the 28 contracts in its survey which contained a retention fund, 10 respondents did not expect it to be large enough to cover the expected rectification work.50 We asked the IPA how an authority should manage this risk. It told us that the solution was “a larger retention fund”. It recognised that the retention fund was a contractual obligation and could not be unilaterally changed, but noted that the amount paid into the retention fund is linked to the asset condition survey.51 44 Qq 36, 45; C&AG’s Report para 3.18 45 Qq 75–76 46 MPC0002 - Leeds City Council 47 Qq 71–72, 89; C&AG’s Report, paras 3.30–3.32 48 C&AG’s Report, para 3.30 49 MPC0003 - Affinitext 50 C&AG’s Report, paras 3.29, 3.31 51 Qq 86–87 Managing the expiry of PFI contracts 17 Resolving disputes
Government Response Summary
The government agrees, stating the IPA intends to develop a protocol with investors by Summer 2021. This protocol will outline how PFI investors should operate during the expiry process, including requirements for transparency and compliance with contractual obligations.
Government Response
Accepted
HM Government Accepted
7.1 The government agrees with the Committee’s recommendation. Target implementation date: Summer 2021 7.2 The IPA confirms it intends to develop a protocol with investors that outlines how PFI investors should operate during the expiry process, including requirements for transparency and compliance with contractual obligations. The IPA will write to the Committee outlining the further steps it is taking to achieve this.
Addressee Bodies
HM Treasury
Timeline
Recommendation age 5.4 yrs
Report published 19 Mar 2021