PART 9SSRO: opinions and determinations

References in relation to contracts entered into before the relevant date55

1

A reference under section 35(7) (contracts entered into before the relevant date) may be made no later than two years after—

a

the date described in the contract as the contract completion date;

b

if no such date is described in the contract, the date on which the contractor completes all obligations which entitle it to final payment under the contract; or

c

if the contract is terminated before either of the dates described in (a) or (b), the date that the contract is terminated.

2

In making a determination or giving an opinion under section 35(7), the SSRO must have regard to—

a

any relevant published decisions of the Review Board for Government Contracts;

b

the Government Profit Formula and Associated Arrangements in force at the date the contract was entered into;

c

the terms of the contract; and

d

representations made by the parties to the contract and, where not a party to the contract, the Secretary of State.