The Single Source Contract Regulations 2014

Contract notification reportU.K.

This section has no associated Explanatory Memorandum

25.—(1) The primary contractor must provide a contract notification report for the qualifying defence contract within one month of the initial reporting date.

(2) [F1Subject to paragraphs (3) to (6), the report] must contain the following information—

(a)a list of the key deliverables specified in the contract, with a brief description of each;

(b)the estimated quantum of those deliverables, expressed using the output metrics set out in the contract reporting plan;

[F2(ba)where the contract contains components, an explanation of which of those deliverables relate to which component;]

(c)an annual profile (or, if the contractor is of the view that it is not possible to express these matters in an annual profile, the total amount) of the following matters which have been taken into account in determining the contract price—

(i)any risk contingency element included in the allowable costs [F3and where the contract contains components, an explanation of which parts of any risk contingency element relate to which component];

(ii)planned amounts of profit [F4for the contract and, where the contract contains components, for each component], excluding any amount resulting from an adjustment determined under step [F53] of regulation 11; and

(iii)the maximum amount of profit resulting from an adjustment determined under step [F63] of regulation 11 [F7and where the contract contains components, the maximum amount of profit in relation to each component resulting from such an adjustment];

[F8(d)an annual profile of any estimated costs for the contract and, where the contract contains components, for each component of the contract at the initial reporting date (split by the defined pricing structure);]

[F9(e)the total amount of non-recurring allowable costs (split by the defined pricing structure) for the contract and, where the contract contains components, for each component of the contract, except where the contract or component was priced using a contract pricing method under which costs are indistinguishable from profits;]

(f)an annual profile of the estimated amount of each cost recovery base set out in the contract reporting plan;

(g)a list of all payments exceeding £100,000 or 1% of the contract [F10price] (whichever is the greater) expected to be made by the Secretary of State under the contract, including—

(i)the expected amount of each payment;

(ii)the date on which each payment is expected to fall due; and

(iii)if the contract requires the payment to be made in any currency other than sterling, the currency in which the payment is to be made;

(h)if the contract requires payment to be made in sterling, an annual profile of all such payments which the contractor expects the Secretary of State will make;

(i)if the contract requires payment to be made in any currency other than sterling, an annual profile for each such currency of all payments which the contractor expects the Secretary of State will make;

(j)a list of—

(i)all delivery milestones set out in the contract [F11, together with an explanation of whether, and if so how, each milestone relates to any component of the contract]; and

(ii)where the contract sets an expected date for a delivery milestone to be completed, that date;

(k)a description of any actual or intended sub-contracts which the primary contractor has entered into, or intends to enter into, for the purposes of enabling it to perform its obligations under the qualifying defence contract (including the total proportion of the [F12contract price] of the qualifying defence contract which the primary contractor expects to sub-contract); and

(l)in relation to each such sub-contract into which the primary contractor has entered or intends to enter, and which has or is expected to have a value of not less than £1,000,000 F13...—

(i)if the sub-contractor is a registered company, its registered name and company number, and the address of its registered office;

(ii)if the sub-contractor is not a registered company, its name;

(iii)whether the sub-contractor is associated with the primary contractor;

(iv)whether the sub-contractor is an SME;

(v)a brief description of the goods, works or services that will be provided under the sub-contract;

(vi)the date on which the sub-contract was, or is expected to be, entered into;

(vii)the contract completion date (or, if that date is not known, the expected contract completion date);

(viii)the (actual or estimated) price payable under the sub-contract; and

(ix)if an assessment has been made under regulation 61(1) or (4), the outcome of that assessment.

[F14(m)in relation to each sub-contract which the primary contractor has entered into, or intends to enter into, and which has or is expected to have a value of not less than £15,000,000, if the primary contractor has made an assessment that the contract would not be a qualifying sub-contract—

(i)the outcome of the negative assessment;

(ii)confirmation of whether the award of the contract is not, or would not be, the result of a competitive process; and

(iii)confirmation of whether the contract enables the performance of contracts other than a qualifying defence contract or qualifying sub-contract.]

[F15(3) If the contract price for the contract or component is determined entirely in accordance with regulation 19A (commercial pricing) the requirements in paragraph (2) are modified in respect of the contract or component as follows—

(a)the estimated quantum of deliverables required by paragraph (2)(b) need not be expressed using the output metrics set out in the contract reporting plan;

(b)the contract notification report need not contain the information specified in paragraphs (2)(c) to (f) and (k) to (m).

(4) If the contract price for the contract or component is determined entirely in accordance with regulation 19B(3) (prices determined in accordance with law), the estimated quantum of deliverables required by paragraph (2)(b) need not be expressed in respect of the contract or component using the output metrics set out in the contract reporting plan.

(5) If the contract price for the contract or component is determined entirely in accordance with regulation 19C (previously agreed price), the contract notification report need not contain the information specified in paragraphs (2)(a) to (f) and (j) to (m) in respect of the contract or component.

(6) If the contract price for the contract or component is determined entirely in accordance with regulation 19E (competed rates applied to uncompeted volumes), paragraph (2)(f) has effect in respect of that contract or component as if for “cost recovery base” there were substituted “competed rates”.]

Textual Amendments