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What non-referral advice can the SSRO provide?

The SSRO can provide independent and authoritative advice on any matter related to the interpretation and application of the regulatory framework for single source defence contracts. The SSRO does not provide advice on matters which are fundamentally commercial in nature, for example, whether or not a contract should be entered into.

When might non-referral advice be helpful?

Non-referral advice is most likely to be helpful where one or both parties to a current or proposed qualifying contract are unsure how the regulatory framework applies to a contract-specific issue. The SSROs advice can inform the parties contract negotiations and help them decide whether to seek an SSRO opinion or determination when this is permitted.

Who can ask for non-referral advice?

Either party to a current or proposed qualifying contract may seek non-referral advice on the application of the regulatory framework to that contract. Requests are treated in confidence and, unless the matter is subsequently the subject of a referral, the SSROs advice will be provided solely to the party or parties that have requested it. Joint requests for non-referral advice may also be considered.

What form will non-referral advice take?

The SSRO will provide written advice in response to a written request. This will include:

• a summary of the matter raised for consideration;
• details of the provisions of the Defence Reform Act 2014, Single Source Contract Regulations 2014 and SSRO guidance that are relevant to the matter raised;
• a Case Advisors view as to how the regulatory framework should be applied in the case and the merits of any arguments put forward by the party or parties seeking advice;
• details of the opportunities, if any, to refer the matter formally for an opinion or determination; and
• a summary of factors to which the SSRO would need to have regard in giving an opinion or making a determination, should the matter be referred.

A party in receipt of non-referral advice may discuss this with the Case Advisor if any clarification is required.

How does non-referral advice differ from an opinion or determination?

Non-referral advice is provided by a Case Advisor: a member of SSRO staff with knowledge of the regulatory framework and how it should be applied. The advice will be based on information supplied by the enquirer and issued in confidence to that party. The approach to providing non-referral advice is less formal than when a matter is referred for an opinion or determination.

When a matter is referred for an opinion or determination, a three-person Referral Committee appointed by the SSROs Chair will reach a decision on the matter taking account of evidence provided by both parties to any related contract. The procedures for referrals include opportunities for both parties to make representations on the matter referred, through written submissions and at an oral hearing. Decisions are issued to both parties and will usually be published (anonymously) on the SSROs website. Determinations are legally binding on the parties to the relevant contract.

If a matter on which non-referral advice has been given is subsequently referredfor an opinion or determination the SSRO will disclose its non-referral advice on the matter, and the information on which that advice was based, to any other party to that referral. If the referral is accepted, a Referral Committee will consider the matter and reach an independent conclusion in accordance with the SSROs procedures for referrals. The Referral Committee will have regard to any non-referral advice provided on the matter but will not be bound by it.

How can I get non-referral advice?

Requests for non-referral advice must be made in writing to helpdesk@ssro.gov.uk.

A request should set out the relevant facts of the case and, in the case of contractual disputes, summarise the positions of the contracting parties to the matter raised. Enquirers may find it helpful to complete the Non-referral advice request form.

Following receipt of a request for advice, the SSRO will appoint a Case Advisor. The Case Advisor may request a meeting with the party or parties seeking advice to clarify any points of fact or seek written clarifications before providing advice.

How long does it take to get non-referral advice?

We aim to provide non-referral advice within 10 to 15 working days of a request being received. The time required to respond will vary depending on the nature, complexity and urgency of the matter raised, the amount of information that needs to be considered to provide a response and the speed with which any SSRO requests for supplementary information are responded to by the enquirer.