The Single Source Contract (Amendment) Regulations 2024

Amendment of regulation 25 (contract notification report)

29.  In regulation 25(1)—

(a) in paragraph (2)—

(i) in the opening words, for “The report” substitute “Subject to paragraphs (3) to (6), the report”;

(ii) after sub-paragraph (b) insert—

“(ba) where the contract contains components, an explanation of which of those deliverables relate to which component;”;

(iii) in sub-paragraph (c)(i), at the end insert “and where the contract contains components, an explanation of which parts of any risk contingency element relate to which component”;

(iv) in sub-paragraph (c)(ii)—

(aa) after “profit” insert “for the contract and, where the contract contains components, for each component”;

(bb) for “5” substitute “3”;

(v) in sub-paragraph (c)(iii)—

(aa) for “5” substitute “3”;

(bb) at the end insert “and where the contract contains components, the maximum amount of profit in relation to each component resulting from such an adjustment”;

(vi) for sub-paragraph (d) substitute—

“(d) an annual profile of any estimated costs for the contract and, where the contract contains components, for each component of the contract at the initial reporting date (split by the defined pricing structure);”;

(vii) for sub-paragraph (e) substitute—

“(e) the total amount of non-recurring allowable costs (split by the defined pricing structure) for the contract and, where the contract contains components, for each component of the contract, except where the contract or component was priced using a contract pricing method under which costs are indistinguishable from profits;”;

(viii) in sub-paragraph (j)(i), after “contract” insert “, together with an explanation of whether, and if so how, each milestone relates to any component of the contract”;

(b) after paragraph (2) insert—

“(3) If the contract price for the contract or component is determined entirely in accordance with regulation 19A (commercial pricing) the requirements in paragraph (2) are modified in respect of the contract or component as follows—

(a) the estimated quantum of deliverables required by paragraph (2)(b) need not be expressed using the output metrics set out in the contract reporting plan;

(b) the contract notification report need not contain the information specified in paragraphs (2)(c) to (f) and (k) to (m).

(4) If the contract price for the contract or component is determined entirely in accordance with regulation 19B(3) (prices determined in accordance with law), the estimated quantum of deliverables required by paragraph (2)(b) need not be expressed in respect of the contract or component using the output metrics set out in the contract reporting plan.

(5) If the contract price for the contract or component is determined entirely in accordance with regulation 19C (previously agreed price), the contract notification report need not contain the information specified in paragraphs (2)(a) to (f) and (j) to (m) in respect of the contract or component.

(6) If the contract price for the contract or component is determined entirely in accordance with regulation 19E (competed rates applied to uncompeted volumes), paragraph (2)(f) has effect in respect of that contract or component as if for “cost recovery base” there were substituted “competed rates”.”.

(1)

Regulation 25 was amended by S.I. 2019/1106.