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The Single Source Contract Regulations 2014

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InterpretationU.K.

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations—

[F1“the Act” means the Defence Reform Act 2014, and references to sections are to sections of that Act;]

[F2“alternative pricing method” means one of the contract pricing methods described in Chapter 3 of Part 3;]

“business unit” means either—

(a)

a unit—

(i)

which carries on any activities for the purposes of an undertaking; and

(ii)

for which separate financial accounting statements are produced; or

(b)

an undertaking, or group of two or more undertakings, for which a single set of financial accounting statements is produced which is separate from the financial accounting statements of each of those undertakings;

[F3“competed rate” means the competed rate or price in accordance with the terms of the relevant framework agreement;]

[F3“component”, in relation to a contract, has the meaning given by regulation 9A;]

[F3“component completion date” has the meaning given by regulation 4(1A);]

“contract completion date” has the meaning given by regulation 4 [F4(1)];

[F5“contract price” has the meaning given by regulation 4A;]

[F6“contract pricing method” means an alternative pricing method or a default pricing method;]

“cost recovery base” means the unit of measure to which a cost recovery rate is applied in order to calculate a cost under a contract;

“cost recovery rate” means a rate calculated for a business unit that is used to determine a cost payable under a contract, being a rate per unit of a cost recovery base that is multiplied by the quantum of that cost recovery base to determine the cost;

[F7“default pricing method” means one of the contract pricing methods described in Chapter 2 of Part 3;]

“deliverable” means any goods, works or services which—

(a)

are provided under a contract; and

(b)

can be described using an output metric;

“further group sub-contract” has the meaning given by regulation [F813A(4)];

“group sub-contract” has the meaning given by regulation [F913A(3)];

“output metric” means a quantifiable description of any goods, works or services (including a number, weight, dimension, time or physical capability, but not including a monetary value);

“parent undertaking” has the meaning given by section 1162 of the Companies Act 2006 M1;

F10...

“SME” has the meaning given in Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises M2;

“TCIF adjustment” means an adjustment made under section 16(1)(b);

“the time of agreement” means—

(a)

in the case of a contract which is a qualifying defence contract by virtue of section 14(3), or a qualifying sub-contract—

(i)

the date the contract is entered into; or

(ii)

if the price payable under the contract is re-determined [F11in accordance with the Schedule], the date of that re-determination;

(b)

in the case of a contract which is a qualifying defence contract by virtue of section 14(4) or (5)—

(i)

the date of the amendment mentioned in section 14(4)(c) or (5)(b); or

(ii)

if the price payable under the contract is re-determined [F11in accordance with the Schedule], the date of that re-determination;

(c)

[F12 in the case of a component of a qualifying defence contract—

(i)

the date the component is entered into; or

(ii)

if the price payable under the component is re-determined in accordance with the Schedule, the date of that re-determination;]

“undertaking” has the meaning given by section 1161(1) of the Companies Act 2006;

“working day” means any day excluding—

(a)

Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 M3; and

(b)

where a person gives the Secretary of State and the SSRO no less than 30 days' written notice of its intention to treat a day as a holiday, that day.

(2) A reference to a report provided under Part 5 includes a contract pricing statement (regulation 23), a contract reporting plan (regulation 24), a contract costs statement (regulation 29), and information provided under regulation 30 (on-demand contract report).

[F13(3) A reference to a report provided under Part 6 includes an estimated rates agreement pricing statement under regulation 38.]

Textual Amendments

Marginal Citations

M2O.J. L 124, p. 36-41, of 20 May 2003.

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