Schedule 5, paragraph 19

The following conditions are met in relation to the public contract (the “new contract”)— there is another contract between the contracting authority and the supplier (the “existing contract”), either of the conditions in sub-paragraphs (2) and (3) is met in relation to the new contract, and the new contract would, if awarded directly, be a “qualifying defence contract” under section 14(2) of the Defence Reform Act 2014 (regulations relating to qualifying defence contracts). The condition in this sub-paragraph is met if, treating the new contract as a modification of the existing contract, the new contract would not be a substantial modification of the existing contract within the meaning given in section 74(3). The condition in this sub-paragraph is met if, treating the new contract as a modification of the existing contract, the new contract would be a modification of the existing contract of a kind described in— paragraph 4 of Schedule 8 (unforeseeable circumstances), or paragraph 8 of that Schedule (additional goods, services or works).

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Source: legislation.gov.uk · retrieved 2026-09-04