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The Single Source Contract Regulations 2014

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Contract costs statementU.K.

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29.—[F1(1) The primary contractor must provide a contract costs statement—

(a)within 12 months after the contract completion date of the contract; and

(b)where the component completion date of a component of the contract is more than 12 months before the expected contract completion date of the contract, within 12 months after the component completion date of the component.]

[F2(1A) Where a statement is provided in accordance with—

(a)paragraph (1)(a), the statement must contain the information required by this regulation in relation to the contract and, where different, in relation to each component of the contract in respect of which no statement has been provided in accordance with paragraph (1)(b);

(b)paragraph (1)(b), the statement must contain the information required by this regulation in relation to the component in respect of which the statement is provided.]

(2) [F3If the contract or component is not priced entirely in accordance with a contract pricing method under which costs are indistinguishable from profits, the statement] must contain the following information—

(a)the start and end dates of the contractor's accounting period;

(b)if there has been any agreement between the contractor and the Secretary of State as to the cost allocation and apportionment methodology to be used in the contract cost statement, a description of that agreement and any deviations from the methodology;

(c)an annual profile of the actual allowable costs [F4for the contract or, where the statement is provided in relation to a component, for the component], showing—

(i)all purchased items, services and expenses (including payments to sub-contractors) which are direct costs;

(ii)any other direct costs; and

(iii)all indirect costs, showing each cost recovery rate charged and the quantum of the corresponding cost recovery base;

(iv)the total actual costs which the contractor claims are allowable costs;

(d)if there is any variance between the total actual costs (sub-paragraph (c)(iv)) and the costs described in sub-paragraph (c)(i) to (iii), an explanation of the reason for that variance;

(e)if there is any variance between a cost recorded in the most recent information provided in response to a direction under regulation 30(1) or (3)(d) and the amount reported for the same cost in sub-paragraph (c)(i) to (iv), an explanation of the reason for that variance; and

(f)the percentage of the allowable costs included in the statement which are still estimated rather than actual.

[F5(2A) If the contract or component is priced entirely in accordance with a contract pricing method under which costs are indistinguishable from profits, the statement must contain the following information—

(a)an annual profile of the actual price payable under the contract or component, and where the contract or component was priced in accordance with regulation 19E (competed rates applied to uncompeted volumes) the annual profile must show—

(i)all competed rate costs showing each competed rate charged and the quantum of the corresponding volume; and

(ii)the actual volumes delivered under the contract or component; and

(b)if there is any variance between the total price estimated at the time of agreement and the actual total price payable under the contract or component, an explanation of the reason for that variance.]

[F6(3) Up to 2% of—

(a)the actual allowable costs required by paragraph (2)(c) may, without explanation, be estimated costs;

(b)the actual price payable required by paragraph (2A)(a) may, without explanation, be estimated price;

(c)the actual volumes delivered required by paragraph (2A)(b) may, without explanation, be estimated volumes.]

[F7(4) 2% or more of the actual allowable costs, actual price payable or actual volumes mentioned in paragraph (3) may be estimated costs, price or volumes, if an explanation is given of—

(a)why it is not possible to provide actual costs, price or volumes at the time the statement is provided; and

(b)when the actual costs, price or volumes will be available.]

[F8(4A) Where estimated costs, price or volumes are provided in accordance with paragraph (4), the primary contractor must provide the actual costs, price or volumes as soon as reasonably practicable after that information becomes available.]

(5) In this regulation—

[F9(za)“competed rate” means the competed rate or price in accordance with the terms of the relevant framework agreement;

(zb)“competed rate costs” means costs which—

(i)the contractor claims are allowable costs under the contract; and

(ii)have been calculated by applying a competed rate to a volume;]

(a)“direct costs” means costs which—

(i)the contractor claims are allowable costs under the contract; and

(ii)have not been calculated using a cost recovery rate;

(b)“indirect costs” means costs which—

(i)the contractor claims are allowable costs under the contract; and

(ii)have been calculated using a cost recovery rate.

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