Part 2Single source contracts

Sub-contracts

28Qualifying sub-contracts

1

Single source contract regulations may make provision in relation to qualifying sub-contracts.

2

For the purposes of this Part—

a

“qualifying sub-contract” means a contract to which subsection (3) or (4) applies;

b

references to a “sub-contractor” are to a person who provides anything under such a contract.

3

This subsection applies to a contract between a primary contractor and another person if—

a

the contract involves the provision by the other person of anything for the purposes of a qualifying defence contract to which the primary contractor is a party,

b

the award of the contract is not the result of a competitive process,

c

the value of the contract is of or above the amount specified in the regulations, and

d

the contract meets such other requirements as may be specified in the regulations.

4

This subsection applies to a contract (“contract B”) if—

a

contract B involves the provision of anything for the purposes of another contract (“contract A”) where contract A is—

i

a contract to which subsection (3) applies, or

ii

another contract to which this subsection applies,

b

the award of contract B is not the result of a competitive process,

c

the value of contract B is of or above the amount specified in the regulations, and

d

contract B meets such other requirements as may be specified in the regulations.

5

The regulations must make provision for determining for the purposes of this section whether the award of a contract is the result of a competitive process.

6

The Secretary of State may direct that a particular contract is not a contract to which subsection (3) or (4) applies even though the requirements of that subsection are met in relation to it.