The Single Source Contract Regulations 2014
S.I. 2014/3337 · Made 17 December 2014 · Extends to United Kingdom
Public Procurement
Made 17th December 2014
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 2014 M1, makes the following Regulations:C1
Annotations to the whole text
Marginal citations
- M1
Modifications
- C1
Regulations continued (16.1.2024) by The Procurement Act 2023 (Commencement No. 1 and Saving Provision) Regulations 2024 (S.I. 2024/61), reg. 3
Contents
- Part 1: General
- 1Citation and commencement
- 2Interpretation
- 3Meaning of “defence purposes” and “substantially for defence purposes”)
- 4Meaning of “contract completion date” and “component completion date”
- 4AMeaning of “contract price”
- 5Calculating the value of a contract
- Part 2: Qualifying defence contracts
- 6Threshold value for qualifying defence contracts
- 7Contracts that may not be qualifying defence contracts
- 7AMeaning of a new contract
- 8Competitive process for single contracts
- 9Competitive process for contracts made under a framework agreement
- 9AComponents of qualifying defence contracts
- Part 3: Pricing of contracts
- Chapter 1: Contract pricing methods
- 9BContract pricing methods
- 9CRe-determination of contract price
- Chapter 2: Default pricing of contracts
- 10Default pricing of contracts
- 11Steps in determining contract profit rate
- 12Calculation of profit on cost once (“POCO”) adjustment Repealed
- 13Rates agreed on a group basis
- 13ACosts associated with group profits
- 14Re-determination of contract price Repealed
- 15Target cost incentive fee (“TCIF”) adjustment
- 16Procedure for determining final price adjustment
- 17Calculation of final price adjustment
- 18Determination of contract profit rate adjustments
- 19Determination of allowable costs
- Chapter 3: Alternative pricing of contracts
- 19ACommercial pricing
- 19BPrices determined in accordance with law
- 19CPreviously agreed price
- 19DNovated contract price
- 19ECompeted rates applied to uncompeted volumes
- 19FAgreed changes to the contract profit rate
- 19GAggregation of components
- Part 4: Records
- 20Duty to keep relevant records
- 21Examination of relevant records
- Part 5: Reports on qualifying defence contracts
- 22General requirements and interpretation
- 23Contract pricing statement
- 24Contract reporting plan
- 25Contract notification report
- 26Quarterly contract report
- 27Interim contract report
- 27AComponent completion report
- 28Contract completion report
- 29Contract costs statement
- 30On-demand contract report
- Part 6: Reports on overheads and forward planning etc
- 31Application of this Part
- 32Interpretation
- 33General requirements
- 34Actual rates claim report
- 35QBU actual cost analysis report
- 36Estimated rates claim report
- 37QBU estimated cost analysis report
- 38Estimated rates agreement pricing statement
- 39Rates comparison report
- 40Strategic industry capacity report: general requirements
- 41Strategic industry capacity report: corporate structure
- 42Strategic industry capacity report: activities, people and infrastructure
- 43Strategic industry capacity report: forecast costs of maintaining industrial capacity
- 44Strategic industry capacity report: capacity and supply chain
- 45Small or medium enterprises (“SME”) report
- Part 7: Records and reports: restrictions
- 46Disapplication of requirements to give information
- 47Reference to SSRO to investigate obligation of confidentiality
- Part 8: Compliance
- 48Contraventions of section 31
- 49Time limits for compliance notices and penalty notices
- 50Maximum penalties
- Part 9: SSRO: opinions and determinations
- 51Matters on which the SSRO must give an opinion
- 52Matters in relation to which the SSRO must make a determination
- 53Time limits for applications for opinions
- 54Matters to which the SSRO must have regard in making determinations
- 55References in relation to contracts entered into before the relevant date
- Part 10: Restrictions on disclosing information
- 56Information specified for the purposes of paragraph 1(1)(c) of Schedule 5
- Part 11: Qualifying sub-contracts
- 57Interpretation
- 58Requirements for qualifying sub-contracts
- 59Competitive process for single sub-contracts
- 60Competitive process for sub-contracts made under a framework agreement
- 61Assessing whether a contract would be a qualifying sub-contract
- 62Appeal against assessment
- 63Cessation of application to qualifying sub-contracts
- 64Modifications of Part 2 of the Act
- 65Modifications of these Regulations
- 66Price adjustments for qualifying sub-contracts
- Signature
- Schedule: Re-determination of contract price
- Part 1: General
- 1Application of Schedule
- 2Interpretation
- 2APricing amendments not covered by Part 2 or 4
- 2BMultiple pricing amendments
- Part 2: Re-determination of price using a default pricing method
- 3Application of Part 2
- Change of default pricing method
- 4Amendment of the default pricing method used for a qualifying defence contract
- 5Amendment of a default pricing method used for a ... component of a contract
- Change to an element of allowable costs
- 6Amendment affecting a defined element of allowable costs
- Change to a contractual requirement
- 7Change to a contractual requirement: contract or ... component not using cost-plus method
- 8Change to a contractual requirement: contract or ... component which uses cost-plus method – distinguishable costs
- 9Change to a contractual requirement: contract or ... component which uses cost-plus method – costs not distinguishable
- ...
- 10Other amendments Repealed
- Part 3: Multiple pricing amendments to a qualifying defence contract Repealed
- 11Scope of Part 3 Repealed
- 12Re-determination of the contract price Repealed
- Part 4: Re-determination of price using an alternative pricing method
- 13Application of Part 4
- 14Pricing amendment of contract or component priced using regulation 19A (commercial pricing)
- 15Pricing amendment of contract or component priced using regulation 19B (prices determined in accordance with law)
- 16Pricing amendment of contract or component priced using regulation 19C (previously agreed price)
- 17Pricing amendment of contract or component priced using regulation 19E (competed rates applied to uncompeted volumes)
- 18Pricing amendment of a contract priced using regulation 19G (aggregation of components)
- Explanatory note