25.3  PRESERVING THE CONDITION OF THE ASSETS ON EXPIRY

25.3.1  The payment mechanism should be the main method by which the Contract incentivises the Contractor to maintain service standards at all stages of the Contract. If there will be a re-competition of the Service, this provides further incentive on the Contractor to continue to meet the Authority's requirements until the Expiry Date.

25.3.2  One means of incentivising the Contractor to maintain Service standards where there is no alternative use for the Assets would be to structure the Contract to give the Authority an option to enter a secondary Contract period with the initial Contractor.8 This will increase the incentive for the Contractor to maintain standards through to the Expiry Date. The Contractor is obliged to enter into a second term if the Authority decides to exercise its option, but such decision will be taken in the context of an open competition with other bidders. One drawback of this is that the price for such a second term (if it is added to the typical term for a PF2 contract) are very difficult to bid in advance. The likelihood is that at best only a mechanism for calculating the price for the second period can be set out and such a mechanism is of questionable value. The Authority may, of course, instead opt to contract with another contractor if this offers better value for money. If this happens, the new contractor will have to bid to take over the use of the Assets.




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8  See also Section 3.2.1 (Factor to Consider).