FOI release

Variation to M25 DBFO Contract (Notice 2023/S 000-033920)

This request was refused in part, so we didn't provide some of the information the requester asked for. This may include information where we can neither confirm nor deny that we hold it.

Case reference FOI2025/01507

Received 1 August 2025

Published 18 December 2025

Request

Please provide the following records relating to the variation of the “M25 Design Build Finance and Operate (DBFO) Contract”, published in Voluntary Ex-Ante Transparency Notice 2023/S 000-033920 on 16 November 2023 and awarded to Connect Plus (M25) Ltd:

1. The executed contract-variation agreement (including schedules) that adds routine and cyclical roadside-technology maintenance to the DBFO Contract.

2. Any internal approval papers, business-case summaries, board or committee minutes that supported the decision to approve this variation.

3. The evaluation or assessment report (cost–benefit analysis, risk assessment, value-for-money appraisal) produced for the variation.

4. Updated payment schedules or financial-model extracts showing the stated £160 million variation value and indexation assumptions.

5. Stand-still letters, notices of intention to vary, or other correspondence issued to Connect Plus (M25) Ltd in connection with this variation.

Response


1. Please see document labelled Question 1 containing the updated M25 DBFO Contract.

2. Please see document labelled question 2 with extracts of the minutes from the National Highways Investment Decisions Committee (NHIDC).

3. Please see document labelled question 3 which contains assessments presented to the NHIDC.

4. Please see document labelled question 4 which shows the Voluntary Ex Ante Transparency Notice which includes this information.

5. The variation was dealt with through a Deed of Variation and Service Change Notice was not therefore required or issued in this case. The Deed of Variation was not executed until the challenge period of the VEAT Notice had expired. No formal standstill notice was therefore required or issued in this case.

Information withheld

We deem that some of the information contained within the documents to be exempt from disclosure in accordance with the exemption in Section 43 (2) – commercial interests, because release would be prejudicial to the commercial interests of our contractor, releasing information “to the world” that would be of use to their competitors, that could then be used to undermine their position in future bids/tenders. Therefore, this information has been redacted under the exemptions.43(2).

In applying this exemption, we have had to balance the public interest in withholding the information against the public interest in disclosure. The key public interest factors for and against disclosure are attached.

Please note, personal details of staff below director level have also been redacted under the exemption in Section 40 of the Freedom of Information Act.

Advice and assistance

Additionally, there was a large volume of correspondence between the parties during the course of negotiation of this variation and correspondence since implementation relating to the delivery of the service. Much of this correspondence, particularly during the course of the negotiation, contains commercial sensitive information. We would be happy to respond if you could define a targeted request for copies of correspondence setting out exactly the information you are seeking, in this respect.

Documents

This is National Highways' response to a freedom of information (FOI) or environmental information regulations (EIR) request.

You can browse our other responses or make a new FOI request.