Commentary on Sections Part 2: Single Source Contracts Section 43: Interpretation etc
144.Subsection (2)(a) provides that the value of a contract is to be determined in accordance with the SSCRs. Part 2 includes references to the value of a QDC, for example in section 14(2)(b), which states that a contract can only be a QDC if the value is of or above an amount specified in the SSCRs. However it may not always be straightforward how to determine the value of a contract, for example some amounts may be specified in a foreign currency, or linked to future inflation indices, and so subsection (2)(a) allows the SSCRs to contain provision for how to determine the value of a contract for the purposes of Part 2. This value may not be the same as the price of the contract as other factors may be taken into account. It is expected that similar provision will be made under this provision as in regulation 9 of the Defence and Security Public Contracts Regulations 2011.(4)