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Regulation 2 Amendment to regulation 11 of the Single Source Contract Regulations 2014

Original text. Later amendments are not shown.

(1)

Regulation 11 (steps in determining contract profit rate) of the Single Source Contract Regulations 2014f1 is amended as follows.

(2)

In paragraph (6)—

(a)

after “component specified by the Secretary of State”, insert “(the relevant provisions)”;

(b)

for “two percentage points”, substitute “ten percentage points”.

(3)

After paragraph (6), insert—

“(6A)

In specifying the relevant provisions, the Secretary of State must also specify an outcome that must be achieved in order for the incentive adjustment to be payable, and that outcome must—

(a)

be capable of objective verification; and

(b)

relate to the performance of the relevant provisions.

(6B)

If assessing the outcome or the performance of the relevant provisions includes any element of judgement by one or both of the contracting parties, or any person associated with the primary contractorf2, that element must be capable of being determined by a suitably qualified independent person.

(6C)

In determining the amount of the incentive adjustment, the Secretary of State must be satisfied that it is reasonable in the circumstances, having regard to the potential public benefit arising from its use.”.

Annotations

Footnotes

f1

S.I. 2014/3337, amended by S.I. 2024/420; there are other amending instruments but none is relevant.

f2

For the definition of “associated”, see section 43(3) of the Defence Reform Act 2014.