RFI 084: QDCs
Updated 14 February 2024
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Our ref: RFI 084
28 December 2023
Dear,
Subject: Request under Freedom of Information Act (RFI 084)
I write in response to your Freedom of Information request received on 8 December 2023 and allocated reference RFI 084. You requested information in relation to three specific (albeit related) matters which are dealt with in turn below.
(i) Those matters (if any) where the SSRO has been expressly called upon to establish whether a contract was a Qualifying Defence Contract, as part of making any determination under the Defence Reform Act 2014 and the Single Source Contract Regulations 2014, due to this point being contested between the parties to the contract. We have interpreted the term ‘expressly called upon’ as meaning that one or both parties to the referral asked the SSRO to establish whether a contract in respect of which the referral was made was a qualifying defence contract.
In the four determinations made to date by the SSRO under the Defence Reform Act 2014 and Single Source Contract Regulations 2014 the SSRO has not been expressly called upon to establish whether a contract was a qualifying defence contract.
(ii) Confirmation as to whether there has been any case submitted to the SSRO that has been subject to challenge on the basis that the SSRO lacks the jurisdiction to make a decision as to whether a contract has the status of a Qualifying Defence Contract, and if any such matter exists, the outcome of any such challenge.
We have interpreted the expression ‘any case submitted to the SSRO’ as meaning any referral to the SSRO for an opinion or determination. We have interpreted the expression ‘subject to challenge’ as meaning that a party to the referral has challenged the lawfulness of either the referral or the SSRO’s consequent opinion or determination. Of the eleven referrals made to the SSRO to date, there has been only one case (a referral to the SSRO in May 2023 for a determination on the amount of a final price adjustment) which has been subject to challenge on the basis that the SSRO lacks the jurisdiction to make a decision as to whether a contract has the status of a qualifying defence contract. That matter has not yet been concluded.
(iii) Any guidance, advice or instructions that the SSRO has issued, whether internally or to industry, addressing the scope of the powers available to the SSRO to make a decision or to reach a conclusion concerning whether a contract is a Qualifying Defence Contract. The SSRO has undertaken an appropriate search of its records to identify any information held pertaining to any guidance, advice or instructions issued either internally or to industry addressing the scope of the powers available to the SSRO to make a decision or to reach a conclusion concerning whether a contract is a qualifying defence contract. Our search has not identified any such information as being held by the SSRO.
We hope the information provided above addresses your request.
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original request and should be addressed to: John Russell, Chief Executive, c/o Enquiries, [email protected].
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or ico.org.uk.