(1)Single source contract regulations must make provision for determining the contract profit rate for a qualifying defence contract [F1, or, where the contract is divided into components, any component of that contract].
(2)The regulations must provide for the determination to be made by taking the following sequence of steps, subject to section 18(2)—
Step 1 Take the baseline profit rate (see section 19) which is in force at the relevant time.“The relevant time” means—
in a case within section 15(2)—
when the contract is entered into, if the contract is a qualifying defence contract by virtue of section 14(3), or
when the contract is amended, if the contract is a qualifying defence contract by virtue of section 14(4) or (5);
in a case within section 15(3), when the contract is amended.
Step 2 Adjust that rate by an agreed amount, being an amount falling within specified parameters above or below the baseline profit rate, so as to reflect [F2the financial risks to the primary contractor of entering into the contract or component, taking into account the particular type of activities to be carried out by the primary contractor under that contract or component.].“Specified” means specified in the regulations.
F3...
F3...
Step [F43] Where the Secretary of State determines that the amount resulting from step [F52] should be increased so as to give the primary contractor a particular financial incentive as regards the performance of provisions of the contract [F6or component] specified by the Secretary of State, increase that amount by an amount specified by the Secretary of State. [F7In specifying provisions of the contract or component, the Secretary of State must comply with any requirements imposed by the regulations, and] any increase must not exceed the maximum increase permitted by the regulations.
Step [F44] Take the amount resulting from step [F83] and add to or subtract from it an agreed amount, so as to ensure that the primary contractor receives an appropriate and reasonable return on the fixed and working capital employed by the primary contractor for the purposes of enabling the primary contractor to perform the contract [F9or component]. This adjustment—
is to be made having regard to the capital servicing rates determined under section 19, but
does not apply to the extent that the costs of the fixed and working capital employed by the primary contractor are allowable costs under the contract [F9or component].
(3)The contract profit rate is—
(a)the amount found at the end of step [F104] in subsection (2), or
(b)in a case where step [F104] is disapplied under section 18(2)(a), the amount found at the end of the last of the steps in subsection (2) that apply in that case.
(4)For the purposes of subsection (2)—
(a)“agreed” means agreed by the Secretary of State, or an authorised person, and the primary contractor;
(b)the adjustment agreed under step 2, 3 or [F114] may be zero.
Textual Amendments
F1Words in s. 17(1) inserted (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(2); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
F2Words in s. 17(2) substituted (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(3)(a); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
F3Words in s. 17(2) omitted (19.1.2024) by virtue of Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(3)(b); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
F4Words in s. 17(2) renumbered (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(3)(b); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
F5Word in s. 17(2) substituted (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(3)(c); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
F6Words in s. 17(2) inserted (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(3)(d); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
F7Words in s. 17(2) inserted (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(3)(e); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
F8Word in s. 17(2) substituted (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(3)(f); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
F9Words in s. 17(2) inserted (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(3)(g); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
F10Word in s. 17(3) substituted (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(4); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
F11Word in s. 17(4)(b) substituted (19.1.2024) by Procurement Act 2023 (c. 54), s. 127(2), Sch. 10 para. 9(5); S.I. 2024/61, reg. 2(1)(b)(iv) (with reg. 3)
Commencement Information
I1S. 17 in force at 14.7.2014 for specified purposes by S.I. 2014/1751, art. 4(d)
I2S. 17 in force at 5.12.2014 in so far as not already in force by S.I. 2014/3162, art. 3(a)