COVID-19: guidance on supporting vital service provision in PFI/PF2 contracts published (Infrastructure and Projects Authority) | Practical Law

COVID-19: guidance on supporting vital service provision in PFI/PF2 contracts published (Infrastructure and Projects Authority) | Practical Law

The Infrastructure and Projects Authority has published Supporting vital service provision in PFI/PF2 contracts during the COVID-19 emergency, which provides that PFI contractors should consider themselves to be part of the public sector response to the emergency.

COVID-19: guidance on supporting vital service provision in PFI/PF2 contracts published (Infrastructure and Projects Authority)

by Practical Law Public Sector
Published on 22 Apr 2020 • England
The Infrastructure and Projects Authority has published Supporting vital service provision in PFI/PF2 contracts during the COVID-19 emergency, which provides that PFI contractors should consider themselves to be part of the public sector response to the emergency.
On 2 April 2020, the Infrastructure and Projects Authority published Supporting vital service provision in PFI/PF2 contracts during the COVID-19 emergency.
The guidance provides that it should be read alongside the Cabinet Office Procurement Policy Note - Supplier relief due to COVID-19 and Guidance notes on Model Interim Payment Terms - Procurement Policy Note 02/20 (see Legal update, Cabinet Office publishes PPN 02/20: Supplier relief due to COVID-19).
The guidance also provides that Private Finance Initiative (PFI) contractors should consider themselves to be part of the public sector response to the current COVID-19 emergency.
More specifically it states that:
  • PFI contracting counterparties should co-operate to ensure the continued delivery of public services (and that the COVID-19 emergency is not, and is not to be, regarded as an event of force majeure).
  • PFI contractors should ensure contingency plans are up-to-date and have been reviewed and discussed with contracting authorities to enable continuity of full services as far as possible to respond to the emergency and maintain vital public services, particularly across the NHS.
  • Contracting authorities should work closely with PFI contractors to use all available options to maintain public services during the emergency period. This will include maintaining unitary charge payments, revising contract requirements (including necessary changes to the scope of contracts) and moderating payment and performance mechanisms where appropriate.