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The Single Source Contract Regulations 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111122440

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 42(4) of the Defence Reform Act 2014, for approval by resolution of each House of Parliament.

Public Procurement

Made xx

To come into force in accordance with Regulation 1.

A draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

The Secretary of State, in exercise of the powers conferred by sections 14(2)(b) and (c), (6) and (8), 15, 16(1), 17(1) and (2), 18(2)(c), (3) and (4), 21, 23(1), (4) and (5), 24(1) to (3) and (4)(a), 25(1), (2), (4) and (6), 27(1) and (3), 28(3)(c) and (d), (4)(c) and (d) and (5), 29, 30(2)(a) and (3) to (5), 31(3)(a) and (b) and (5), 32(5), 33(1) and (6), 35(1), 38, 41, 42(1) and (2), 43(2) of, and paragraph 1(1)(c) of Schedule 5 to, the Defence Reform Act 2014f1, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2014 c. 20.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Meaning of “defence purposes”
  5. 4Meaning of “contract completion date”
  6. 5Calculating the value of a contract
  7. Part 2: Qualifying defence contracts
  8. 6Threshold value for qualifying defence contracts
  9. 7Contracts that may not be qualifying defence contracts
  10. 8Competitive process for single contracts
  11. 9Competitive process for contracts made under a framework agreement
  12. Part 3: Pricing of contracts
  13. 10Pricing of contracts
  14. 11Steps in determining contract profit rate
  15. 12Calculation of profit on cost once (“POCO”) adjustment
  16. 13Rates agreed on a group basis
  17. 14Re-determination of contract price
  18. 15Target cost incentive fee (“TCIF”) adjustment
  19. 16Procedure for determining final price adjustment
  20. 17Calculation of final price adjustment
  21. 18Determination of contract profit rate adjustments
  22. 19Determination of allowable costs
  23. Part 4: Records
  24. 20Duty to keep relevant records
  25. 21Examination of relevant records
  26. Part 5: Reports on qualifying defence contracts
  27. 22General requirements and interpretation
  28. 23Contract pricing statement
  29. 24Contract reporting plan
  30. 25Contract notification report
  31. 26Quarterly contract report
  32. 27Interim contract report
  33. 28Contract completion report
  34. 29Contract costs statement
  35. 30On-demand contract report
  36. Part 6: Reports on overheads and forward planning etc
  37. 31Application of this Part
  38. 32Interpretation
  39. 33General requirements
  40. 34Actual rates claim report
  41. 35QBU actual cost analysis report
  42. 36Estimated rates claim report
  43. 37QBU estimated cost analysis report
  44. 38Estimated rates agreement pricing statement
  45. 39Rates comparison report
  46. 40Strategic industry capacity report: general requirements
  47. 41Strategic industry capacity report: corporate structure
  48. 42Strategic industry capacity report: activities, people and infrastructure
  49. 43Strategic industry capacity report: forecast costs of maintaining industrial capacity
  50. 44Strategic industry capacity report: capacity and supply chain
  51. 45Small or medium enterprises (“SME”) report
  52. Part 7: Records and reports: restrictions
  53. 46Disapplication of requirements to give information
  54. 47Reference to SSRO to investigate obligation of confidentiality
  55. Part 8: Compliance
  56. 48Contraventions of section 31
  57. 49Time limits for compliance notices and penalty notices
  58. 50Maximum penalties
  59. Part 9: SSRO: opinions and determinations
  60. 51Matters on which the SSRO must give an opinion
  61. 52Matters in relation to which the SSRO must make a determination
  62. 53Time limits for applications for opinions
  63. 54Matters to which the SSRO must have regard in making determinations
  64. 55References in relation to contracts entered into before the relevant date
  65. Part 10: Restrictions on disclosing information
  66. 56Information specified for the purposes of paragraph 1(1)(c) of Schedule 5
  67. Part 11: Qualifying sub-contracts
  68. 57Interpretation
  69. 58Requirements for qualifying sub-contracts
  70. 59Competitive process for single sub-contracts
  71. 60Competitive process for sub-contracts made under a framework agreement
  72. 61Assessing whether a contract would be a qualifying sub-contract
  73. 62Appeal against assessment
  74. 63Cessation of application to qualifying sub-contracts
  75. 64Modifications of Part 2 of the Act
  76. 65Modifications of these Regulations
  77. Signature
  78. Explanatory note