Paragraph 15 Pricing amendment of contract or component priced using regulation 19B (prices determined in accordance with law)F1

(1)

This paragraph applies where the proposed pricing amendment is to a contract or component the price of which was determined in accordance with regulation 19B or this paragraph.

(2)

Sub-paragraph (3) applies where—

(a)

the original contract price was determined in accordance with regulation 19B(3), and

(b)

regulation 19B(3) applies to the goods, works and services to which the pricing amendment relates.

(3)

The price payable under the contract or component is to be re-determined in accordance with regulation 19B(3), taking account of the pricing amendment.

(4)

Sub-paragraph (5) applies where—

(a)

the original contract price was determined in accordance with regulation 19B(4),

(b)

the relevant law in accordance with which the original contract price was determined has been amended (but still applies), and

(c)

the pricing amendment is made entirely in consequence of the amendment to the relevant law.

(5)

The price payable under the contract or component to which the pricing amendment relates is to be adjusted by an amount which secures a price as close as possible to the price which would have been agreed between the parties in compliance with the Act and these Regulations but for the application of the amended relevant law.

(6)

Sub-paragraph (7) applies where—

(a)

the original contract price was determined in accordance with regulation 19B(4),

(b)

regulation 19B(4) applies to the goods, works and services to which the pricing amendment relates, and

(c)

the pricing amendment is not made entirely in consequence of an amendment to the relevant law in accordance with which the original contract price was determined.

(7)

The price payable under the contract or component is to be re-determined in accordance with regulation 19B(4), taking account of the pricing amendment.

(8)

Sub-paragraph (9) applies where—

(a)

the pricing amendment will remove a contractual requirement for the provision of goods, works or services (“the removed requirement”), and

(b)

the Secretary of State is no longer satisfied that the price of the goods, works or services to be provided under the contract or component subject to the pricing amendment must be set in accordance with a relevant law (within the meaning of regulation 19B(5)).

(9)

The price payable under the contract or component to which the pricing amendment relates is to be determined as follows—

(a)

determine what price payable would have been determined in accordance with regulation 19B in respect of the contract or component at the time of agreement taking into account the removed requirement, and

(b)

adjust the price payable under the contract or component so that it is equivalent to the price determined in accordance with paragraph (a).

Annotations

Textual amendments

F1: Sch. Pt. 4 inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(19)

Notes on Schedule

Textual amendments

F1: Sch. inserted (1.4.2019) by The Single Source Contract (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1350), reg. 1(3), Sch. (with reg. 14)
F2: Word in Sch. substituted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(2)