Consultation on proposed referrals guidance on appeals against assessment as a QSC and notices of cessation as a QSC
Read the full outcome
Detail of outcome
In 2019 the SSRO proposed to introduce guidance on how it will:
- determine an appeal against assessment that a proposed sub-contract would be a qualifying sub-contract (QSC); and
- decide whether to overrule or uphold a notice by a sub-contractor that the Act and Regulations should cease to apply to a QSC.
The SSRO used the published opinions guidance, on which it had undertaken an extensive review and consultation in 2018, as the basis for producing the proposed new guidance. We consulted publicly on the proposed new guidance from October to December 2019.
The SSRO received six written responses to the consultation, which have been considered in finalising the new guidance which is now available.
The new guidance will apply to appeals and notices received on and after 1 April 2020.
Detail of feedback received
The feedback received is summarised in the consultation response document, which also sets out the SSRO’s responses to the submissions made.
Original consultation
Consultation description
The Defence Reform Act 2014 and the Single Source Contract Regulations 2014 establish the grounds and circumstances on which the SRRO may be asked to determine an appeal against assessment as a QSC or to decide whether to agree a notice of cessation as a QSC. The SSRO has used its existing guidance on opinions as the basis for proposed processes for both appeals and notices of cessation. Significant departures from the opinions guidance are shown in the consultation document.
The SSRO is now consulting publicly on the proposed guidance on both appeals and notices of cessation.
The consultation document sets out significant differences between opinions guidance and the proposed guidance for appeals and notices of cessation. The guidance for both processes covers:
- the circumstances in which the SSRO may determine an appeal or agree a notice of cessation;
- how to refer matters to the SSRO;
- timescales; and
- the processes from early engagement through to publication of a decision.
Responses are requested in writing by 5pm Friday 6 December 2019. We ask that responses are provided to [email protected] preferably by completing the consultation form and emailing an electronic copy. A proposed timetable for publishing final guidance and specific consultation questions is included in paragraphs 1.15 to 1.17 of the stakeholder consultation document. Any queries may be directed to [email protected] or please call Peter Regan at 0203 771 4772.
Documents
Updates to this page
Published 14 October 2019Last updated 18 February 2020 + show all updates
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Consultation outcome published
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First published.