Regulation 22 General requirements and interpretation
In relation to any qualifying defence contract, the primary contractor must provide the reports specified in this Part.
Every report provided under this Part must contain the following information—
the name, position and contact details of—
the individual submitting the report;
an individual to be notified if any compliance notice or penalty notice is given in relation to the contract to which the report relates; and
the civil servant who is responsible for managing the contract on behalf of the Secretary of State;
the date the report is due;
the date the report is submitted;
any unique identifying number allocated to the contract by the contractor;
any unique identifying number allocated to the contract by the Secretary of State;
any contract title set out in the contract;
a brief description of the goods, works or services that are to be provided under the contract;
the date on which the contract was entered into;
the expected contract completion date (or, if the contract completion date is known, that date);
the date and reference number of the most recent amendment which affects the price payable under the contract (if any);
the F2contract pricing method or methods used in determining the price payable under the contract, and the amount of the price resulting from each method (if known); and
any business unit in relation to which a cost recovery rate has been used in determining the price payable under the contract.
Where the qualifying defence contract contains components, every report provided under this Part must contain the following information in relation to each component except where the information is the same in relation to that component as it is in relation to the contract—
the name, position and contact details of—
the individual submitting the information in relation to the component;
the civil servant who is responsible for managing the component on behalf of the Secretary of State;
any unique identifying number allocated to the component by the contractor;
any unique identifying number allocated to the component by the Secretary of State;
any title for the component set out in the contract;
a brief description of the goods, works or services that are to be provided under the component;
the date on which the component was entered into;
the expected component completion date (or, if the component completion date is known, that date);
the date and reference number of the most recent amendment which affects the price payable under the component (if any);
the contract pricing method used in determining the price payable under the component;
any business unit in relation to which a cost recovery rate has been used in determining the price payable under the component.
Every report provided under this Part by a contractor which is a registered company must contain the following information—
the registered name and company number of the contractor, and the address of its registered office;
any trading name which the contractor uses (if that is different from its registered name);
whether the contractor is an SME; and
the registered name and company number of any immediate parent undertaking of the contractor, and the address of its registered office.
Every report provided under this Part must—
be provided in electronic form; and
be provided to the Secretary of State and to the SSRO.
Where a regulation requires an annual profile, that annual profile must be presented in a tabular format, with columns representing a continuous range of financial years from that in which the contract was entered into until that in which the contract completion date falls or is expected to fall.
Subject to regulation 29(3) and (4), where a regulation requires a statement of actual costs F4, actual price payable or actual volumes, nevertheless—
up to 5% of the costs F5, price payable or volumes may, without any explanation, be estimated costs , price payable or volumes;
5% or more of the costs F6, price payable or volumes may be estimated costs , price payable or volumes, if an explanation is given of—
why it is not possible to provide actual costs F7, price payable or volumes at the time the report is provided; and
when actual costs F8, price payable or volumes will be available.
Where estimated costs, price or volumes are provided in accordance with paragraph (6)(b), the primary contractor must provide the actual costs, price or volumes as soon as reasonably practicable after that information becomes available.
Where a regulation requires a breakdown of costs by defined pricing structure, that breakdown must be presented as a list of cost categories describing key components of the deliverables to be provided under the contract.
Where a regulation requires reporting of the costs or profit of a component which was created because of a pricing amendment to which paragraph 7 of the Schedule applied, the parties may agree that the costs or profit are to be reported as the costs or profit originally determined in accordance with that paragraph (irrespective of any variance to the costs or profit which has occurred since).
Any requirement to report information split by defined pricing structure does not apply in relation to a contract or component the price of which was determined entirely in accordance with a contract pricing method under which costs are indistinguishable from profits.
Except where otherwise provided in this Part, any reference to money in a report must be expressed in sterling.
In preparing a report, a contractor must have regard to any relevant guidance issued by the SSRO.
In this Part—
a reference to a contract reporting plan includes any information which has been provided in response to a written direction made under regulation 30(3)(b);
a reference to a contract pricing method under which costs are indistinguishable from profits is a reference to a contract pricing method described in regulation 19A, 19B(3), 19C or 19E;
where the price of a contract or component was determined in accordance with a contract pricing method under which costs are indistinguishable from profits, a reference to the costs of the contract or component is to be treated as a reference to the price of the contract or component;
“calendar quarter” means any of the following periods—
1 January to 31 March;
1 April to 30 June;
1 July to 30 September; and
1 October to 31 December;
“the initial reporting date” means—
in the case of a contract which is a qualifying defence contract by virtue of section 14(4) or (5), the date of the amendment mentioned in section 14(4)(c) or (5)(b);
in all other cases, the date the contract was entered into.
Annotations
Textual amendments
- F1
Reg. 22(2)(i) substituted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(a)(i)
- F2
Word in reg. 22(2)(k) substituted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(a)(ii)
- F3
Reg. 22(2A) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(b)
- F4
Words in reg. 22(6) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(c)(i)
- F5
Words in reg. 22(6)(a) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(c)(ii)
- F6
Words in reg. 22(6)(b) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(c)(iii)(aa)
- F7
Words in reg. 22(6)(b)(i) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(c)(iii)(bb)
- F8
Words in reg. 22(6)(b)(ii) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(c)(iii)(cc)
- F9
Reg. 22(6A) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(d)
- F10
Reg. 22(7A)(7B) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(e)
- F11
Reg. 22(10)(aa)(ab) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 26(f)