Part 2Single source contracts
SSRO: other functions
I1I235Opinions and determinations
1
The SSRO must, on a reference made to it by a person mentioned in subsection (2)—
a
b
make a determination in relation to such a matter, where the matter is specified for the purposes of this paragraph.
“Specified” means specified in single source contract regulations.
2
The persons referred to in subsection (1) are—
a
the Secretary of State;
b
an authorised person;
F2c
a person who has entered into a contract with the Secretary of State (a “contractor”);
F53
The SSRO may, on a reference made to it by a person mentioned in subsection (2), give an opinion on any other matter relating to the application or interpretation of this Part or single source contract regulations.
4
When giving an opinion or making a determination in relation to any matter under or by virtue of this Part, the SSRO may require the payment of such costs as the SSRO considers appropriate—
a
in the case of a F6... contract, by one party to the contract to the other, or
b
in the case of a proposed contract, by one proposed party to the contract to the other.
5
The costs that the Secretary of State may be required to pay under subsection (4) include, in particular, costs incurred by a F7... contractor in taking a step specified in a compliance notice under section 31, where the SSRO determines that it was unreasonable for the F7... contractor to be required to take that step.
6
Subsection (7) applies where, in the case of a contract entered into before the relevant date, the contract requires the Review Board for Government Contracts to make a determination or give an opinion in relation to any matter referred to it.
7
If a party to the contract refers the matter after the relevant date, the determination or opinion is to be made or given instead by the SSRO.