PART 2Amendments to the Single Source Contract Regulations 2014

Amendment of regulation 5 (calculating the value of a contract)4

1

Regulation 5 is amended as follows.

2

In paragraph (4)—

a

in sub-paragraph (b), for “the Secretary of State” substitute “the contracting authority”;

b

in sub-paragraph (c)—

i

omit “accounting”;

ii

after “policies” insert “or where no such policies exist, a rate of exchange derived on a just and reasonable basis”.

3

In paragraph (5)—

a

for “paragraphs (6) and (12)” substitute “paragraph (6)”;

b

in sub-paragraph (b), after “other contracts” insert “which are not the result of a competitive process”.

4

After paragraph (6)(b), insert—

c

the contracting authority must disregard a contract, or a proposed contract, which has a value of £250,000 or less where it is reasonably satisfied that the procurement has not been subdivided in order to avoid the requirements of the Act and these Regulations.

5

In paragraph (7), after “has a value of” insert “more than £250,000 but”.

6

In paragraph (8)(b), after “has a value of” insert “more than £250,000 but”.

7

After paragraph (8), insert—

8A

A contract which has a value of £1,000,000 or less shall not be treated as a qualifying defence contract by virtue of this regulation unless the contracting authority is reasonably satisfied that the procurement has been subdivided in order to avoid the requirements of the Act and these Regulations.

8

Omit paragraphs (9) to (12).