The Single Source Contract Regulations 2014
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Change 1
19C Previously agreed price
(1) The previously agreed price method of determining the price of a qualifying defence contract or component of such a contract may be used in the circumstances specified in paragraph (3). (2) Where the previously agreed price method is used, the price is determined in accordance with paragraph (4) or (5). (3) The previously agreed price method may be used if— (a) the contract has become a qualifying defence contract by virtue of section 14(4) or (5); or (b) the parties to a qualifying defence contract (“contract A”) agree that an obligation to provide goods, works or services (“the transferred element”) under that contract is instead to be performed under another qualifying defence contract (“contract B”). (4) Where paragraph (3)(a) applies— (a) for goods, works or services provided under the contract prior to the date on which the contract became a qualifying defence contract (“the date of conversion”), the price is that which was agreed between the parties before the date of conversion in respect of those goods, works or services; (b) for goods, works or services in respect of which the parties had agreed a price before the date of conversion but which have not been provided at that date, the price is, at the parties’ election, either— (i) the price so agreed; or (ii) the price re-determined at the date of conversion in accordance with another contract pricing method (“the relevant contract pricing method”). (5) Where paragraph (3)(b) applies, the price for the transferred element under contract B is the price for that element under contract A immediately before it became a transferred element. (6) Where the price of part of a contract is determined in accordance with— (a) paragraph (4)(a) or (b)(i), that part of the contract is a component the price of which is determined in accordance with this regulation; (b) paragraph (4)(b)(ii), that part of the contract is a component the price of which is determined in accordance with the relevant contract pricing method; (c) paragraph (5), that part of the contract is a component the price of which is determined in accordance with the contract pricing method under which the price of the transferred element was determined immediately before it became a transferred element.
19C Previously agreed price
(1) The previously agreed price method of determining the price of a qualifying defence contract or component of such a contract may be used in the circumstances specified in paragraph (3). (2) Where the previously agreed price method is used, the price is determined in accordance with paragraph (4) or (5). (3) The previously agreed price method may be used if— (a) the contract has become a qualifying defence contract by virtue of section 14(4) or (5); or (b) the parties to a qualifying defence contract (“contract A”) agree that an obligation to provide goods, works or services (“the transferred element”) under that contract is instead to be performed under another qualifying defence contract (“contract B”). (4) Where paragraph (3)(a) applies— (a) for goods, works or services provided under the contract prior to the date on which the contract became a qualifying defence contract (“the date of conversion”), the price is that which was agreed between the parties before the date of conversion in respect of those goods, works or services; (b) for goods, works or services in respect of which the parties had agreed a price before the date of conversion but which have not been provided at that date, the price is, at the parties’ election, either— (i) the price so agreed; or (ii) the price re-determined at the date of conversion in accordance with another contract pricing method (“the relevant contract pricing method”). (5) Where paragraph (3)(b) applies, the price for the transferred element under contract B is the price for that element under contract A immediately before it became a transferred element. (6) Where the price of part of a contract is determined in accordance with— (a) paragraph (4)(a) or (b)(i), that part of the contract is a component the price of which is determined in accordance with this regulation; (b) paragraph (4)(b)(ii), that part of the contract is a component the price of which is determined in accordance with the relevant contract pricing method; (c) paragraph (5), that part of the contract is a component the price of which is determined in accordance with the contract pricing method under which the price of the transferred element was determined immediately before it became a transferred element.
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