22 Accepted

In managing the expiry of a PFI contract, all parties will want to maximise value...

Conclusion
In managing the expiry of a PFI contract, all parties will want to maximise value from the PFI contract. Authorities will want to inherit an asset in the best possible condition, as this will minimise any future maintenance costs and the risk that services are interrupted. Meanwhile, PFI companies have an incentive to limit expenditure on maintenance and rectification work in the final years of the contract as any savings will be passed through to investors. These misaligned incentives can lead to disputes. The NAO found that more than one-third of authorities who responded to its survey expected to have formal disputes near contract end, with the majority relating to the volume of rectification work and its cost.52
Government Response Summary
The government agrees with the committee’s observation on misaligned incentives and confirms the IPA intends to develop a protocol by Summer 2021. This protocol will outline how PFI investors should operate during the expiry process, including requirements for transparency and contractual compliance.
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