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Consultation outcome: Guidance on the pricing of qualifying defence contracts and subcontracts

Single Source Regulations Office

October 10
15:54 2024

In January 2024 the SSRO published new pricing guidance to support the implementation of changes to the single source regulatory framework, which came into force on 1 April 2024. We consulted stakeholders between January and April 2024, seeking feedback on the new guidance. Following consideration of consultation responses we have published updated guidance.

The updated guidance documents are:

  1. Guidance on Alternative pricing types version 1.1
  2. Allowable Costs guidance version 7.1
  3. Guidance on the baseline profit rate and its adjustment version 8.1

These updated guidance documents provide:

  • Support to use alternative pricing methods for contracts which allows non-competitive defence contracts to be priced in new ways. For example, an item can be priced by reference to competitive markets: simplifying and speeding up procurement.
  • More flexibility and transparency through broadening the ability for a contract to be split into different components or parts, each with its own profit rate and price (known as componentisation). This allows contract prices to better reflect the risk-sharing between the MOD and defence contractors.
  • A rationalisation of how thecontract profit rateis calculated, removing two steps from the previous six-step process and simplifying the agreement of contract profit rates.

We are grateful for the contributions of those who responded to the consultation. The consultation response document explains how the feedback they provided has informed the updated guidance documents. We are always interested to hear about the experience of users of our guidance to help us to understand how it may be further improved.

To assist stakeholders in understanding the guidance changes, we have included in each document a table that shows where the previous guidance text has been revised, deleted, or added to.

This revised guidance will apply to qualifying defence contracts and qualifying sub-contracts entered into or amended on and after 10 October 2024.

Feedback received

Consultation responses

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Original consultation

Summary

We are seeking views on updated and new pricing guidance, which sees greater choice, flexibility and simplicity for how some non-competitive defence contracts can be priced from April 2024.

This consultation ran from
to

Consultation description

The SSRO has published new and updated pricing guidance, and invites your views. The guidance comes into force on 1 April 2024.

The guidance includes the introduction of:

  • Alternative pricing methods for contracts, which will see non-competitive defence contracts able to be priced in new ways, in addition to the existing price formula. For example, an item could be priced by reference to competitive markets: simplifying and speeding up procurement.
  • More flexibility and transparency through broadening the ability for a contract to be split into different components or parts, each with its own profit rate and price (known as componentisation). This will allow contract prices to better reflect risk-sharing between the MOD and defence contractors.
  • Rationalisation of how the contract profit rate is to be calculated, removing two steps from the existing six step process and simplifying the agreement of contract profit rates.

The guidance issued today takes account of industry and MOD views shared in workshops and meetings, and in their responses to our working papers issued in May 2023. The changes to contract pricing are explained in the consultation document.

Changes to the regulatory framework are being introduced by the Procurement Act 2023 and updates to the single source contract regulations.

The new and updated guidance documents are:

  1. Guidance on Alternative pricing types version 1
  2. Allowable Costs guidance version 7
  3. Guidance on the baseline profit rate and its adjustment version 8

This consultation seeks feedback on the new and updated pricing guidance. Stakeholder feedback will contribute to the further development and improvement of the guidance. We are pleased to engage with interested parties during the consultation period. We plan to hold workshops on the new and updated guidance and will provide details on this webpage and directly to our stakeholders and Operational Working Group members.

There will be corresponding changes in reporting requirements, whi

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