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Paragraph 9 Change to a contractual requirement: contract or ... component which uses cost-plus method – costs not distinguishableF1F11

(1)

This paragraph applies where—

(a)

the proposed pricing amendment will change a contractual requirement of the contract or of a F2... component of the contract,

(b)

the F3default pricing method used for the contract or F4... component (as the case may be) is the cost-plus method, and

(c)

the allowable costs resulting from the F5pricing amendment cannot be distinguished from the original allowable costs.

(2)

For the purposes of sub-paragraph (1)(c), “original allowable costs” means the allowable costs under the contract or F6... component before the contract is amended.

(3)

The price payable in respect of the F7pricing amendment is to be determined in accordance with the following formula—

(CPR×AC)+AC

where—

  1. (a)

    “CPR” is the contract profit rate for the F8pricing amendment, and

  2. (b)

    “AC” means the primary contractor’s allowable costs under the contract, or F9... component, after the time of agreement, as determined in accordance with the cost-plus method.

(4)

For the purposes of sub-paragraph (3), no account is to be taken of any costs incurred by the primary contractor before the contract is amended.

(5)

The price payable under the amended contract is the total of—

(a)

the price payable under the contract on or before the time of agreement, and

(b)

the price payable in respect of the F10pricing amendment.

Annotations

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. para. 9(1)(a) omitted (1.4.2024) by virtue of The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(15)(b)(i)

F3

Word in Sch. para. 9(1)(b) substituted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(15)(b)(ii)(aa)

F4

Word in Sch. para. 9(1)(b) omitted (1.4.2024) by virtue of The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(15)(b)(ii)(bb)

F5

Word in Sch. para. 9(1)(c) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(15)(b)(iii)

F6

Word in Sch. para. 9(2) omitted (1.4.2024) by virtue of The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(15)(c)

F7

Word in Sch. para. 9(3) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(15)(d)(i)

F8

Word in Sch. para. 9(3)(a) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(15)(d)(ii)

F9

Word in Sch. para. 9(3)(b) omitted (1.4.2024) by virtue of The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(15)(d)(iii)

F10

Word in Sch. para. 9(5)(b) inserted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(15)(e)

F11

Word in Sch. para. 9 heading omitted (1.4.2024) by virtue of The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(15)(a)

Notes on Schedule

Textual amendments

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)

Notes on Part 2

Textual amendments

F2

Sch. Pt. 2 heading substituted (1.4.2024) by The Single Source Contract (Amendment) Regulations 2024 (S.I. 2024/420), regs. 1(2), 43(7)