The government of the UK has issued a guideline to support vital service provision in PFI/PF2 contracts during the COVID-19 emergency. Private Finance Initiative (PFI) contractors should consider themselves to be part of the public sector response to the current COVID-19 emergency. Following points are mentioned in the guide:
- PFI contracting counterparties should co-operate to ensure the continued delivery of public services (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 (enabling PFI contractors to pay their workforce and suppliers), revising contract requirements/standards (including scope changes where necessary) and moderating payment and performance mechanism regimes where appropriate.
You can find the full text of the guideline here.