The Single Source Contract Regulations 2014

Contract completion report U.K.

28.—(1) The primary contractor must provide a contract completion report within six months after the contract completion date of the qualifying defence contract.

(2) The report must contain the following information—

(a) a list of the key deliverables specified in the contract, with a brief description of each;

(b) the actual quantum of those deliverables, expressed using the output metrics set out in the most recent contract reporting plan;

(c) an annual profile (or, if the contractor is of the view that it is not possible to express these matters in an annual profile, the total amount) of the following matters—

(i) any risk contingency element included in the allowable costs;

(ii) any actual risk contingency element;

(iii) the maximum amount of profit that could have resulted from the incentive adjustment (step 5 of regulation 11) at the time of agreement;

(iv) the actual incentive adjustment;

(v) the planned amount of profit, excluding any amount resulting from the incentive adjustment; and

(vi) the actual amount of profit, excluding any amount resulting from the incentive adjustment;

(d) an annual profile of any estimated costs (split by the defined pricing structure) at the time of agreement;

(e) the total amount of those allowable costs (split by the defined pricing structure) that are non-recurring;

(f) an annual profile of the estimated amount of each cost recovery base set out in the contract reporting plan at the time of agreement;

(g) an annual profile of the actual costs (split by the defined pricing structure);

(h) an annual profile of the actual amount of each cost recovery base set out in the contract reporting plan;

(i) a quantified analysis of the causes of variance (explaining not less than 90% of the total variance) between any estimated costs used to determine the contract price and the total actual and forecast costs;

(j) a description of any event that has occurred, or circumstances which have arisen, since the contract was entered into, that have had or are likely to have a material effect in relation to the contract, including—

(i) the date on which the contractor became aware of the event or circumstances;

(ii) whether the event or circumstances were covered by any contingency element of the contract price; and

(iii) the effect that the event or circumstances have had on the costs already incurred or forecast to be incurred under the contract;

(k) a forecast of any TCIF adjustment or any final price adjustment (regulation 16) which the contractor expects will be made;

(l) a list of all payments exceeding £100,000 or 1% of the contract [F1 price] (whichever is the greater) that have been or are expected to be made by the Secretary of State under the contract, including—

(i) the amount, or expected amount, of each payment;

(ii) the date on which each payment did, or is expected to, fall due; and

(iii) if the contract requires the payment to be made in any currency other than sterling, the currency in which the payment was or is to be made;

(m) if the contract requires payment to be made in sterling, an annual profile of all such payments made, or which the contractor expects the Secretary of State will make;

(n) if the contract requires payment to be made in any currency other than sterling, an annual profile for each such currency of all payments made, or which the contractor expects the Secretary of State will make;

(o) a list of—

(i) all delivery milestones set out in the contract;

(ii) where the contract sets an expected date for a delivery milestone to be completed, that date;

(iii) the actual or expected completion date for each delivery milestone; and

(iv) a description of the causes of any variance between the expected date for a delivery milestone set out in the contract, and the actual or expected completion date; and

(p) in relation to each sub-contract which the primary contractor has entered into for the purposes of enabling it to perform its obligations under the qualifying defence contract which has or is expected to have a value of not less than £1,000,000 F2 ...—

(i) if the sub-contractor is a registered company, its registered name and company number, and the address of its registered office;

(ii) if the sub-contractor is not a registered company, its name;

(iii) whether the sub-contractor is associated with the primary contractor;

(iv) whether the sub-contractor is an SME;

(v) a brief description of the goods, works or services provided under the sub-contract;

(vi) the date on which the sub-contract was entered into;

(vii) the contract completion date (or, if that date is not known, the expected contract completion date);

(viii) the (actual or estimated) price payable under the sub-contract; and

(ix) if an assessment has been made under regulation 61(1) or (4), the outcome of that assessment;

[F3 (q) in relation to each sub-contract which the primary contractor has entered into, or intends to enter into, and which has or is expected to have a value of not less than £15,000,000, if the primary contractor has made an assessment that the contract would not be a qualifying sub-contract—

(i) the outcome of the negative assessment;

(ii) confirmation of whether the award of the contract is not, or would not be, the result of a competitive process; and

(iii) confirmation of whether the contract enables the performance of contracts other than a qualifying defence contract or qualifying sub-contract.]

Textual Amendments

F1 Word in reg. 28(2)(l) substituted (1.9.2019) by The Single Source Contract (Amendment) Regulations 2019 (S.I. 2019/1106), regs. 1, 12(2)

F2 Words in reg. 28(2)(p) omitted (1.9.2019) by virtue of The Single Source Contract (Amendment) Regulations 2019 (S.I. 2019/1106), regs. 1, 12(3)

F3 Reg. 28(2)(q) inserted (1.9.2019) by The Single Source Contract (Amendment) Regulations 2019 (S.I. 2019/1106), regs. 1, 12(4)