The first stage of the engagement was to identify where the Contracting Authority might be in need of additional support from the Project Co. We did this by using Curshaw’s Client Maturity Assessment, which covers more than 60 lines of enquiry spanning 8 key topics, and reflects the NAO’s Good Practice Contract Management Framework guidance. Our Assessment covers capacity and capability, approach to contract management, expiry preparedness, and more. This process enables an objective and evidence-based assessment of priority areas requiring more focussed attention to improve the interfaces between the parties, and the Project overall.

The next stage of the engagement was to undertake an objective evaluation of Project Co’s preparedness to deliver what we call an “E3” handback i.e. one that is efficient, effective and equitable. We did this by reviewing the Project against the Curshaw Expiry Standard, which includes 140 separate lines of enquiry across Preparedness Baselines and Management Enablers, and topics such as the migration of systems, Expiry Surveys and management of handback obligations. The exercise involves a review of contractual agreements and other documentation, alongside a series of stakeholder interviews. The client then received a Curshaw Expiry Dashboard, illustrating the gap analysis between the Project Co’s handback preparedness against our industry-leading best practice standard, in conjunction with an Action Plan designed to close that gap.

In addition, we prepared a Client Insight Report, following a detailed and structured discussion directly with the key personnel involved in managing the PFI from the Contracting Authority. With the expiry date looming, Project Co directors were keen to further understand the current risks and issues seen as most important by the Contracting Authority, and as Curshaw held this meeting without Project Co representation, it allowed for the Authority to express their views openly, accruing insights that might not always be expressed in ‘business as usual’ contexts.

Our key finding at this stage was that the Contracting Authority was under pressure to develop and share an expiry plan within a short timeframe. Given capacity constraints highlighted by both the Maturity Assessment and the Insight Report, Project Co directors commissioned Curshaw to lead the development of a joint Expiry Plan, that both parties could sign up to and follow in the remaining period until expiry.

The Curshaw Expiry Plan is a robust, stage by stage plan, highlighting dependencies and the critical path between now and contract expiry. It is a standardised form, tailored to each Project to which it is applied. The structure allows for full visibility of all activities, divided into workstreams, on a single page. For this Project, expiry actions were derived from:

• Key contractual milestones outlined in the Project Agreement and FM Agreement;

• Analysis of the Legal Opinions commissioned on behalf of the Project Co and Contracting Authority;

• The Curshaw team’s knowledge and experience accumulated via the creation of previous Expiry Plans;

• Components of the Curshaw Expiry Capability Handbook; 

• Insights from the stakeholder interviews, 

• Operational Performance Monitoring Reports;

• Recent Survey findings; and 

• Pre-existing expiry artefacts, such as risk registers and transition plans.

The plan was shared and discussed with Project stakeholders, with the intention of being a live document that is augmented as expiry approaches, and new information arises.