6. Referral queries
Updated 31 October 2024
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This publication is available at https://www.gov.uk/government/publications/responses-to-commonly-asked-questions/6-referral-queries
6.1 What is the latest date a referral for a determination on the extent to which costs were allowable under a qualifying defence contract (QDC) can be made?
Published April 2023. Updated May 2024.
A referral under section 20(5)(a) of the Defence Reform Act 2014 for a determination on the extent to which a cost is or would be an allowable cost under a qualifying defence contract or a component of such a contract must be made to the SSRO within two years after the contract completion date or, where the application is made in respect of a component, the component completion date.
Regulation 4 of the Single Source Contract Regulations 2014 provides the meanings of “contract completion date”, in relation to a contract, and “component completion date” in relation to a component of a contract.
Guidance on establishing the contract completion date or component completion date is provided at paragraph 3.64 onwards of the SSRO’s contract reporting guidance.
Link to SSRO guidance on referrals
6.2 Can the SSRO confirm that where it provides an opinion – provided there is no change to the material facts – that it would not revise its position if it was subsequently asked to provide a determination on the same matter?
Published July 2023
The Single Source Contract Regulations 2014 specify matters to which the SSRO must have regard in making determinations, which includes any of the SSRO’s relevant previous decisions (Regulation 54(d)).
Where there is no change to the material facts or circumstances of a case considered by a Referral Committee, nor any changes to the relevant legislation or statutory guidance, the views and reasoning of the SSRO in making a determination would be expected to be consistent with the views and reasoning of the SSRO in giving any prior opinion on the same matter.