The Single Source Contract (Amendment) Regulations 2024

Type Statutory-Instrument
Publication 2024-03-22
State In force
Department King's Printer of Acts of Parliament
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(3) A reference to the SSRO for a determination in relation to the matters mentioned in paragraph (1)(b) must be made within two years of the contract completion date or, if the reference is made in respect of a component, within two years of the component completion date. (4) The SSRO must, on an application by a person within section 16(5) in relation to a qualifying defence contract, or a component of such a contract, which has been priced using an alternative pricing method (“the applicable pricing method”)— (a) determine whether the price of that contract or a component has been properly determined in accordance with the applicable pricing method; and (b) if the price was not properly determined, determine as nearly as possible what the price of the contract or component would have been if the price were properly determined in accordance with the applicable pricing method. (5) An application for a determination under paragraph (4) must be made within two years of the contract completion date or, if the application relates to a component, within two years of the component completion date. (6) The SSRO may, in consequence of a determination under paragraph (4)(a), determine that the price payable under the contract or component is to be adjusted by the amount required to achieve the price determined under paragraph (4)(b). (7) The Secretary of State may not make a reference under paragraph (1) or an application under paragraph (4) unless— (a) the Secretary of State has sent the primary contractor a written notice requiring the primary contractor to show that the requirements in relation to which the proposed reference or application is to be made have been met; (b) at least 20 working days have elapsed since the date of that notice; and (c) no response, or no response which the Secretary of State considers to be satisfactory, has been received. (8) In making a determination under this regulation, the SSRO must have regard to— (a) the information that was available to each party at the time of agreement; (b) in the case of a contract which contains provision of the kind described in regulation 15 (TCIF adjustment), those provisions; (c) in the case of a contract priced in accordance with a default pricing method, whether the parties disclosed, in a timely manner, the facts and assumptions they used to determine the allowable costs or the contract profit rate.

Amendment of regulation 53 (time limits for applications and opinions)

41

In regulation 53(2)—

  • (a) omit “(a)”;
  • (b) after “opinion)” insert “which relates to a qualifying defence contract”;
  • (c) omit “to which the reference relates”.

Amendment of regulation 65 (modification of the Regulations)

42

In regulation 65[^f00019]—

  • (a) for paragraph (3) substitute—

(3) Regulations 6, 7 and 8 to 9A do not apply.

  • (b) after paragraph (3) insert—

(3A) Regulation 7A has effect as if— (a) in paragraph (1)— (i) the words “For the purposes of section 14 of the Act,” were omitted; (ii) for “Secretary of State” there were substituted “contracting authority”; (b) paragraph (4) were omitted; (c) in paragraphs (7)(a) and (8)(a), the references to “competitive process” have the meanings given in regulations 59 and 60.

  • (c) omit paragraph (5);
  • (d) after paragraph (9) insert—

(9ZA) Regulation 19A (commercial pricing) has effect as if after “Secretary of State”, where it occurs in paragraphs (3)(a)(i) and (4), there were inserted “or the contracting authority”. (9ZB) Regulation 19C (previously agreed price) does not apply. (9ZC) Regulation 19G(5) (aggregation of components) has effect as if for each “Secretary of State” there were substituted “contracting authority”.

  • (e) in paragraph (10), for “sub-paragraphs (2)(a)(iii) and (2)(e)” substitute “paragraphs (2)(a)(iii) and (e) and (2A)(a)(ii) and (c)”;
  • (f) in paragraph (11), for “sub-paragraph (2)(e)(ii)” substitute “paragraph (3)(c)(ii)”;
  • (g) in paragraphs (12), for “sub-paragraphs (2)(g) to (i) do” substitute “paragraph (2)(g) to (i) does”;
  • (h) in paragraph (13), for “sub-paragraphs (4)(j) to (l) do” substitute “paragraph (4)(j) to (l) does”;
  • (i) in paragraph (14), for “sub-paragraphs 2(l) to (n) do” substitute “paragraph (2)(l) to (n) does”.

Amendment of the Schedule (re-determination of contract price)

43

  • (1) The Schedule[^f00020] is amended as follows.
  • (2) In the shoulder reference, for “14” substitute “9C”.
  • (3) In the title of Part 1, for “Introductory” substitute “General”;
  • (4) In paragraph 1 (application of Schedule)—
  • (a) in paragraph (1), at the end insert “of the contract or a component of the contract”;
  • (b) in sub-paragraph (2), in the definition of “original contract price”—
  • (i) in the opening words, after “defence contract” insert “or component of such a contract”;
  • (ii) in paragraph (a), for “regulation 10” substitute “a contract pricing method”;
  • (iii) in paragraph (b), after “contract”, in both places it occurs, insert “or component”.
  • (5) In paragraph 2[^f00021] (interpretation)—
  • (a) in sub-paragraph (1)—
  • (i) immediately after the opening words insert—
  • contract profit rate”, in relation to a pricing amendment, means the contract profit rate that would be determined for the pricing amendment in accordance with regulation 11 as it applies for the purpose of determining the contract profit rate for a contract or component, and regulation 11(3) is modified for these purposes so that “under the contract or component” is to be read as “associated with the pricing amendment”;
  • (ii) in the opening words of the definition of “contractual requirement”—
  • (aa) after “defence contract” insert “or component of such a contract”;
  • (bb) after “of the contract” insert “or component”;
  • (iii) in the definition of “cost-plus method”, for “regulated” substitute “default”;
  • (iv) omit the definition of “pricing amendment”;
  • (b) omit sub-paragraphs (2) and (3).
  • (6) After paragraph 2 insert—

(2A) (1) This paragraph applies if none of paragraphs 4 to 9 or 14 to 18 apply in relation to the pricing amendment. (2) Where the pricing amendment creates a new component of a contract, the price payable under the component must be determined in accordance with a contract pricing method (and is to be treated for the purposes of these Regulations as if it was determined in accordance with that contract pricing method and not this Schedule). (3) Where the pricing amendment does not create a new component, the price payable under the amended contract or, where the pricing amendment relates to an existing component, that component must be re-determined in accordance with a contract pricing method (and is to be treated for the purposes of these Regulations as if it was determined in accordance with that contract pricing method and not this Schedule). (4) The parties— (a) may agree which contract pricing method is to be used for the amended contract or component; (b) may agree that components of the contract will be priced by different pricing methods. (2B) (1) This paragraph applies where the parties propose to make two or more pricing amendments to a contract or component at the same time (irrespective of whether the parties also propose to make, at the same time, any other amendment to the contract or component which is not a pricing amendment). (2) Where this paragraph applies— (a) the pricing amendments are to be treated separately and dealt with in turn, (b) Part 2 or 4 (as the case may be) applies in relation to each pricing amendment as it applies to a single amendment, and (c) the price payable under the amended contract or component is the price determined after the last of the pricing amendments has been dealt with. (3) If the parties propose a pricing amendment which changes the contract pricing method used for the contract or component, that pricing amendment must be dealt with first. (4) If the parties propose a pricing amendment to which paragraph 2A applies, that pricing amendment must be dealt with last.

  • (7) For the heading of Part 2 substitute—
  • (8) For paragraph 3 substitute—

(3) This Part applies to determine the price payable under a contract or component if— (a) the parties propose to make a single pricing amendment to a qualifying defence contract (irrespective of whether the parties propose to make, at the same time, any other amendment to the contract which is not a pricing amendment), and (b) the price of the contract (if the pricing amendment does not relate to an existing component) or component (if the pricing amendment relates to an existing component) to which the pricing amendment relates was last determined in accordance with a default pricing method or with this Part.

  • (9) In the sub-heading immediately after paragraph 3, for “regulated” substitute “default”.
  • (10) In paragraph 4 (amendment of the regulated pricing method used for a qualifying defence contract)—
  • (a) in the heading, for “regulated” substitute “default”;
  • (b) in sub-paragraph (1), for “regulated”, in each place it occurs, substitute “default”;
  • (c) in sub-paragraph (2)—
  • (i) in paragraph (a), after “for the” insert “pricing”;
  • (ii) in paragraph (b), for “regulated” substitute “default”;
  • (d) in sub-paragraph (3), in paragraph (b), after “of the” insert “pricing”.
  • (11) In paragraph 5 (amendment of the regulated pricing method used for a defined component of a contract)—
  • (a) in the heading—
  • (i) for “regulated” substitute “default”;
  • (ii) omit “defined”;
  • (b) in sub-paragraph (1)—
  • (i) for “regulated”, in each place it occurs, substitute “default”;
  • (ii) omit “defined”;
  • (c) in sub-paragraph (2)—
  • (i) in paragraph (a), after “for the” insert “pricing”;
  • (ii) in paragraph (b)—
  • (aa) omit “defined”;
  • (bb) for “regulated” substitute “default”;
  • (d) in sub-paragraph (3)—
  • (i) in paragraphs (a) and (b), omit “defined”;
  • (ii) in paragraph (c), after “of the” insert “pricing”.
  • (12) In paragraph 6 (amendment affecting a defined element of allowable costs)—
  • (a) in sub-paragraph (1)—
  • (i) in paragraph (a), omit “defined” in the second place it occurs;
  • (ii) in paragraph (b)—
  • (aa) for “regulated”, in both places it occurs, substitute “default”;
  • (bb) omit “the defined”;
  • (b) in sub-paragraph (2), in the opening words, for “regulated” substitute “default”;
  • (c) in sub-paragraph (3)—
  • (i) in the opening words, after “of the” insert “pricing”;
  • (ii) in paragraph (a), after “for the” insert “pricing”;
  • (iii) in paragraph (b)—
  • (aa) for “regulated” substitute “default”;
  • (bb) omit “defined” in the second place it occurs;
  • (d) in sub-paragraph (4)(b), after “of the” insert “pricing”.
  • (13) In paragraph 7 (change to a contractual requirement: contract or defined component not using cost-plus method)—
  • (a) in the heading, omit “defined”;
  • (b) in sub-paragraph (1)—
  • (i) in paragraph (a), omit “defined”;
  • (ii) in paragraph (b)—
  • (aa) for “regulated” substitute “default”;
  • (bb) omit “defined”;
  • (c) in sub-paragraph (2)—
  • (i) in the opening words, after “of the” insert “pricing”;
  • (ii) in paragraph (a), after “for the” insert “pricing”;
  • (iii) in paragraph (b), after “which the” insert “pricing”;
  • (d) in sub-paragraph (3), omit “defined”;
  • (e) in sub-paragraph (4)(b), after “of the” insert “pricing”.
  • (14) In paragraph 8 (change to a contractual requirement: contract or defined component which uses cost-plus method - distinguishable costs)—
  • (a) in the heading, omit “defined”;
  • (b) in sub-paragraph (1)—
  • (i) in paragraph (a), omit “defined”;
  • (ii) in paragraph (b)—
  • (aa) for “regulated” substitute “default”;
  • (bb) omit “defined”;
  • (iii) in paragraph (c), after “resulting from the” insert “pricing”;
  • (c) in sub-paragraph (2), omit “defined”;
  • (d) in sub-paragraph (3)—
  • (i) in the opening words, after “of the” insert “pricing”;
  • (ii) in paragraph (a), after “for the” insert “pricing”;
  • (iii) in paragraph (b), after “from the” insert “pricing”;
  • (e) in sub-paragraph (4)(b), after “of the” insert “pricing”.
  • (15) In paragraph 9 (change to a contractual requirement: contract or defined component which uses cost-plus method - costs not distinguishable)—
  • (a) in the heading, omit “defined”;
  • (b) in sub-paragraph (1)—
  • (i) in paragraph (a), omit “defined”;
  • (ii) in paragraph (b)—
  • (aa) for “regulated” substitute “default”;
  • (bb) omit “defined”;
  • (iii) in paragraph (c), after “resulting from the” insert “pricing”;
  • (c) in sub-paragraph (2), omit “defined”;
  • (d) in sub-paragraph (3)—
  • (i) in the opening words, after “of the” insert “pricing”;
  • (ii) in paragraph (a), after “for the” insert “pricing”;
  • (iii) in paragraph (b), omit “defined”;
  • (e) in sub-paragraph (5)(b), after “of the” insert “pricing”.
  • (16) Omit the sub-heading (“Other amendments”) immediately after paragraph 9.
  • (17) Omit paragraph 10 (other amendments).
  • (18) Omit Part 3 (multiple pricing amendments to a qualifying defence contract).
  • (19) At the end insert—

(13) This Part applies to determine the price payable under a contract or component if— (a) the parties propose to make a single pricing amendment to the contract or component (irrespective of whether the parties propose to make, at the same time, any other amendment to the contract or component which is not a pricing amendment), and (b) the price of the contract (if the pricing amendment does not relate to a component) or component (if the pricing amendment relates to a component) was last determined in accordance with an alternative pricing method or with this Part. (14) (1) This paragraph applies where the proposed pricing amendment is to a contract or component the price of which was determined in accordance with regulation 19A or this paragraph. (2) Sub-paragraph (3) applies where— (a) the pricing amendment will add a contractual requirement for the provision of goods, works or services (“the new goods, works or services”), (b) if the pricing amendment were a new contract or component, the circumstances would exist for the price of the pricing amendment to be determined in accordance with regulation 19A, and (c) the parties agree to determine the price of the pricing amendment in accordance with regulation 19A. (3) The price payable in respect of the pricing amendment is to be determined as follows— (a) determine the price of the new goods, works or services in accordance with regulation 19A, and (b) adjust that price by a reasonable amount to account for a change in the costs of providing the new goods, works or services as a consequence of any existing requirements under the contract to provide similar goods, works or services. (4) Sub-paragraph (5) applies where— (a) the pricing amendment will remove a contractual requirement for the provision of goods, works or services (“the removed requirement”), and (b) no costs have been, or will be, incurred in relation to the provision of the removed requirement. (5) The price payable under the contract or component to which the pricing amendment relates is to be determined as follows— (a) determine what price payable would have been determined in accordance with regulation 19A in respect of the contract or component at the time of agreement taking into account the removed requirement, and (b) adjust the price payable under the contract or component so that it is equivalent to the price determined in accordance with paragraph (a). (6) Sub-paragraph (7) applies where— (a) the pricing amendment will remove a contractual requirement for the provision of goods, works or services (“the removed requirement”), and (b) costs have been, or will be, incurred in relation to the reduced requirement (“the incurred costs”). (7) Where this paragraph applies— (a) the price payable under the contract or component to which the pricing amendment relates is to be determined in accordance with paragraph (5), (b) the price payable in respect of the incurred costs is to be determined in accordance with another contact pricing method as if the goods, works or services to which those costs relate were provided under a new component, and (c) the provision of the goods, works or services and the price payable in respect of them are a new component the price of which has been determined in accordance with the contract pricing method mentioned in paragraph (b) (and not in accordance with regulation 19A or this Schedule). (15) (1) This paragraph applies where the proposed pricing amendment is to a contract or component the price of which was determined in accordance with regulation 19B or this paragraph. (2) Sub-paragraph (3) applies where— (a) the original contract price was determined in accordance with regulation 19B(3), and (b) regulation 19B(3) applies to the goods, works and services to which the pricing amendment relates. (3) The price payable under the contract or component is to be re-determined in accordance with regulation 19B(3), taking account of the pricing amendment. (4) Sub-paragraph (5) applies where— (a) the original contract price was determined in accordance with regulation 19B(4), (b) the relevant law in accordance with which the original contract price was determined has been amended (but still applies), and (c) the pricing amendment is made entirely in consequence of the amendment to the relevant law. (5) The price payable under the contract or component to which the pricing amendment relates is to be adjusted by an amount which secures a price as close as possible to the price which would have been agreed between the parties in compliance with the Act and these Regulations but for the application of the amended relevant law. (6) Sub-paragraph (7) applies where— (a) the original contract price was determined in accordance with regulation 19B(4), (b) regulation 19B(4) applies to the goods, works and services to which the pricing amendment relates, and (c) the pricing amendment is not made entirely in consequence of an amendment to the relevant law in accordance with which the original contract price was determined. (7) The price payable under the contract or component is to be re-determined in accordance with regulation 19B(4), taking account of the pricing amendment. (8) Sub-paragraph (9) applies where— (a) the pricing amendment will remove a contractual requirement for the provision of goods, works or services (“the removed requirement”), and (b) the Secretary of State is no longer satisfied that the price of the goods, works or services to be provided under the contract or component subject to the pricing amendment must be set in accordance with a relevant law (within the meaning of regulation 19B(5)). (9) The price payable under the contract or component to which the pricing amendment relates is to be determined as follows— (a) determine what price payable would have been determined in accordance with regulation 19B in respect of the contract or component at the time of agreement taking into account the removed requirement, and (b) adjust the price payable under the contract or component so that it is equivalent to the price determined in accordance with paragraph (a). (16) (1) This paragraph applies where the proposed pricing amendment is to a contract or component the price of which was determined in accordance with regulation 19C. (2) The parties must agree to— (a) re-determine the price of the entire contract or component (taking account of any change to the contract or component as a result of the pricing amendment) in accordance with a contract pricing method other than that described in regulation 19C, or (b) create a new component containing the obligations to provide goods, works or services which have not yet been performed under the contract or component (taking account of any change to those obligations as a result of the pricing amendment), and determine the price of that component in accordance with a contract pricing method other than that described in regulation 19C. (3) Where— (a) the price of a contract or component is re-determined under sub-paragraph (2)(a), the contract or component is to be treated for the purposes of these Regulations as a contract or component the price of which has been determined in accordance with the new contract pricing method (and not in accordance with regulation 19C or this Schedule); (b) a component is created in accordance with sub-paragraph (2)(b), the component is a new component the price of which has been determined in accordance with the new contract pricing method (and not in accordance with regulation 19C or this Schedule). (17) Where the proposed pricing amendment is to a contract or component the price of which was determined in accordance with regulation 19E, the price of the contract or component is to be re-determined in accordance with regulation 19E (taking account of any change to the contract or component as a result of the pricing amendment). (18) (1) This paragraph applies where the price of a contract has been determined in accordance with regulation 19G or this paragraph. (2) Where the price payable under a component of the contract has been re-determined under this Schedule, the price of the contract is to be re-determined in accordance with regulation 19G. (3) Where the pricing amendment relates only to a change to an adjustment agreed in accordance with regulation 19G(3) to (7), the price payable under the contract is to be adjusted to take account of that change.

Transitional provision

44

  • (1) The amendments made by the following provisions do not apply in relation to a qualifying defence contract entered into, or to any amendment to such a contract agreed, before 1st April 2024—
  • (a) regulation 27;
  • (b) regulation 28;
  • (c) regulation 40(c) so far as it inserts new regulation 52(7) and (8) into the Single Source Contract Regulations 2014.
  • (2) The amendments made by regulation 30 do not apply until 1st April 2025 in relation to a qualifying defence contract which was entered into before 1st April 2024.
  • (3) Regulation 27(4A) of the Single Source Contract Regulations 2014 (as inserted by regulation 31(c) of these Regulations) has effect in relation to a qualifying defence contract entered into before 1st April 2024 as if sub-paragraphs (e) and (g)(ii) were omitted.
  • (4) Where the price of a qualifying defence contract was determined in accordance with Part 3 of the Schedule to the Single Source Contract Regulations 2014 as that Schedule had effect immediately before 1st April 2024, the price is to be treated on and after that date as if it was determined in accordance with Part 2 of the Schedule (as that Part has effect on and after 1st April 2024).

Signed

James Cartlidge — Minister of State — Ministry of Defence — 22nd March 2024

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

Part 2 of the Defence Reform Act 2014 (c. 20) (“the Act”) establishes a regulatory framework for single source contracts (that is, contracts which are not subject to competitive tendering processes) to procure goods, works and services for defence purposes. The framework applies to qualifying defence contracts (that is, contracts to which the Secretary of State is a party and which meet the criteria in section 14(2) of the Act) and to qualifying sub-contracts (that is, contracts intended to secure the delivery of goods, works or services required under a qualifying defence contract and which meet the criteria in section 28(3) or (4) of the Act). The framework is overseen and monitored by the Single Source Regulations Office (“the SSRO”), a non-departmental public body established by the Act. The Single Source Contract Regulations 2014 (S.I. 2014/3337) (“the Principal Regulations”) were made to implement the detail of the Act’s framework.

Part 2 of the Act has been amended by Schedule 10 to the Procurement Act 2023 (c. 54) for three broad purposes—

  • (a) to expand the definition of “qualifying defence contracts” to include contracts which procure goods, works and services which are substantially (as well as wholly) for defence purposes,
  • (b) to authorise the introduction of a wider range of pricing methods (“alternative pricing methods”) to account for the range of commercial circumstances in which single source contracts operate, and
  • (c) to more easily enable distinct parts of qualifying defence contracts to be separated into components of the contract so that they can be priced distinctly and managed appropriately.

These Regulations amend the Principal Regulations to implement the detail of these amendments to the Act. In particular—

  • (a) regulation 4 substitutes regulation 3 of the Principal Regulations to provide a new definition of contracts which are “substantially for defence purposes”;
  • (b) regulation 11 inserts new regulation 9A into the Principal Regulations to describe the circumstances in which a part of a contract becomes a component of the contract;
  • (c) regulation 12 inserts new regulation 9B into the Principal Regulations to introduce the mechanism by which the parties to a qualifying defence contract may agree to price the contract (or a component of such a contract) using an alternative pricing method instead of an existing pricing method;
  • (d) regulation 24 inserts into the Principal Regulations the descriptions of the new alternative pricing methods—
  • (i) new regulation 19A describes how to price a contract or component for the supply of goods, works or services which have previously been provided on a commercial basis;
  • (ii) new regulation 19B describes how to price a contract or component for the supply of goods, works or services the price of which is affected by law (whether of the United Kingdom or otherwise);
  • (iii) new regulation 19C describes how to price a contract which was not, but has become, a qualifying defence contract, and how to price the supply of goods, works or services which were to be provided under one qualifying defence contract and are now to be provided under another;
  • (iv) new regulation 19D describes how to price a contract which is novated;
  • (v) new regulation 19E describes how to price a contract or component for the supply of goods, works or services the unit price or rate of which has been agreed pursuant to a competitive process, but the volume has not;
  • (vi) new regulation 19F describes how to price a contract or component where there has been error in the calculation of the contract profit rate under regulation 11, or where the parties agree that a change should be made to the incentive adjustment element of contract profit rate;
  • (vii) new regulation 19G describes how to price a contract which contains components where the parties wish to make an adjustment to the price to account for commercial risk arising from the aggregation of the components;
  • (e) regulations 26 to 35 amend Part 5 of the Principal Regulations, primarily to modify and expand contract reporting requirements to secure that components of contracts are properly reported on;
  • (f) regulations 39 and 40 amend regulations 51 and 52 of the Principal Regulations to expand the matters on which the SSRO is required to give an opinion or make a determination, primarily in consequence of the introduction of alternative pricing mechanisms;
  • (g) regulation 42 amends regulation 65 of the Principal Regulations to secure that the amendments made by these Regulations are modified appropriately in their application to qualifying sub-contracts;
  • (h) regulation 43 amends the Schedule to the Principal Regulations, primarily to add a new Part 4 of that Schedule which deals with the re-determination of the price of a qualifying defence contract, or a component of such a contract, which was originally priced under an alternative pricing mechanism and which is subsequently amended.

These Regulations make further minor amendments to the Principal Regulations in consequence of the amendments to the Act and to correct errors.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published alongside this instrument on legislation.gov.uk.

Footnotes

[^f00001]: 2014 c. 20. Sections 14 to 18, 20, 21, 35 and 42 of the Defence Reform Act 2014 were amended by Schedule 10 of the Procurement Act 2023 (c. 54).

[^f00002]: S.I. 2014/3337.

[^f00003]: Regulation 2 was amended by S.I. 2018/1350 and S.I. 2019/1106.

[^f00004]: Regulation 5 was amended by S.I. 2018/917.

[^f00005]: See section 14(9)(a) of the Defence Reform Act 2014 for the definition of “relevant date”.

[^f00006]: Regulation 9 was amended by S.I. 2019/1106.

[^f00007]: Regulation 13 was amended by S.I. 2018/917.

[^f00008]: Regulation 14 was substituted by S.I. 2018/1350.

[^f00009]: Regulation 16 was amended by S.I. 2019/1106.

[^f00010]: Regulation 17 was amended by S.I. 2019/1106.

[^f00011]: S.I. 2011/1848. Regulation 60(4) was amended by S.I. 2019/697.

[^f00012]: Regulation 25 was amended by S.I. 2019/1106.

[^f00013]: Regulation 26 was amended by S.I. 2019/1106.

[^f00014]: Regulation 27 was amended by S.I. 2019/1106.

[^f00015]: Regulation 28 was amended by S.I. 2019/1106.

[^f00016]: Regulation 51 was amended by S.I. 2018/1350.

[^f00017]: Regulation 52 was amended by S.I. 2018/1350.

[^f00018]: For further provision about matters in relation to which the SSRO must make a determination, see section 16(b)(ii) (determinations about adjustments to contract price) of the Defence Reform Act 2014, section 20(5) and (6) of the Defence Reform Act 2014 together with regulation 19 (determinations about allowable costs) and section 32(7) and (8) of the Defence Reform Act 2014 (determinations about penalty notices).

[^f00019]: Regulation 65 was amended by S.I. 2018/1350 and S.I. 2019/1106.

[^f00020]: The Schedule was inserted by S.I. 2018/1350.

[^f00021]: Paragraph 2 of the Schedule was amended by S.I. 2019/1106.

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