Section 17 Contract profit rateI1I2

Single source contract regulations must make provision for determining the contract profit rate for a qualifying defence contract F1, or, where the contract is divided into components, any component of that contract.

The regulations must provide for the determination to be made by taking the following sequence of steps, subject to section 18(2)—

• Step 1 Take the baseline profit rate (see section 19) which is in force at the relevant time.“The relevant time” means—

  1. (a)

     in a case within section 15(2)—

     1. (i)

        when the contract is entered into, if the contract is a qualifying defence contract by virtue of section 14(3), or

     2. (ii)

        when the contract is amended, if the contract is a qualifying defence contract by virtue of section 14(4) or (5);

  2. (b)

     in a case within section 15(3), when the contract is amended.

• Step 2 Adjust that rate by an agreed amount, being an amount falling within specified parameters above or below the baseline profit rate, so as to reflect F2the financial risks to the primary contractor of entering into the contract or component, taking into account the particular type of activities to be carried out by the primary contractor under that contract or component..“Specified” means specified in the regulations.

• F3...

• ...

• Step F43 Where the Secretary of State determines that the amount resulting from step F52 should be increased so as to give the primary contractor a particular financial incentive as regards the performance of provisions of the contract F6or component specified by the Secretary of State, increase that amount by an amount specified by the Secretary of State. F7In specifying provisions of the contract or component, the Secretary of State must comply with any requirements imposed by the regulations, and any increase must not exceed the maximum increase permitted by the regulations.

• Step 4 Take the amount resulting from step F83 and add to or subtract from it an agreed amount, so as to ensure that the primary contractor receives an appropriate and reasonable return on the fixed and working capital employed by the primary contractor for the purposes of enabling the primary contractor to perform the contract F9or component. This adjustment—

  1. (a)

     is to be made having regard to the capital servicing rates determined under section 19, but

  2. (b)

     does not apply to the extent that the costs of the fixed and working capital employed by the primary contractor are allowable costs under the contract or component.

The contract profit rate is—

For the purposes of subsection (2)—