Part 2Single source contracts

Sub-contracts

I1I230Application of Part to qualifying sub-contracts

1

This Part and single source contract regulations apply to qualifying sub-contracts (and to sub-contractors) as they apply to qualifying defence contracts (and to primary contractors).

2

In their application by virtue of subsection (1), this Part and single source contract regulations are subject to—

a

such modifications as may be set out in those regulations, and

b

subsection (5).

3

The regulations—

a

may provide for the application of this Part and the regulations, by virtue of subsection (1), to end at a time specified by or determined in accordance with the regulations;

b

may, in making such provision, provide for determining when this Part and the regulations cease to apply to a qualifying sub-contract which is—

i

partly for the purposes of a qualifying defence contract or another qualifying sub-contract, and

ii

partly for other purposes.

4

The provision that may be made under subsection (3)(b) includes provision—

a

for the F1primary contractor or sub-contractor to give notice to the SSRO that, in F2their opinion, this Part and the regulations should cease to apply to the qualifying sub-contract, and

b

for the SSRO to be able to overrule such a notice (and accordingly for this Part and the regulations to continue to apply).

5

The regulations may contain provision excluding the application of this Part and the regulations, by virtue of subsection (1), to a qualifying sub-contract in respect of which no notice is given under section 29(2)(b) or (4)(b).