1. Introductory Text

  2. PART 1 General

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Meaning of “defence purposes” and “substantially for defence purposes”)

    4. 4.Meaning of “contract completion date” and “component completion date”

    5. 4A.Meaning of “contract price”

    6. 5.Calculating the value of a contract

  3. PART 2 Qualifying defence contracts

    1. 6.Threshold value for qualifying defence contracts

    2. 7.Contracts that may not be qualifying defence contracts

    3. 7A.Meaning of a new contract

    4. 8.Competitive process for single contracts

    5. 9.Competitive process for contracts made under a framework agreement

    6. 9A.Components of qualifying defence contracts

  4. PART 3 Pricing of contracts

    1. Chapter 1 Contract pricing methods

      1. 9B.Contract pricing methods

      2. 9C.Re-determination of contract price

    2. Chapter 2 Default pricing of contracts

      1. 10. Default pricing of contracts

      2. 11.Steps in determining contract profit rate

      3. 12.Calculation of profit on cost once (“POCO”) adjustment

      4. 13.Rates agreed on a group basis

      5. 13A.Costs associated with group profits

      6. 14.Re-determination of contract price

      7. 15.Target cost incentive fee (“TCIF”) adjustment

      8. 16.Procedure for determining final price adjustment

      9. 17.Calculation of final price adjustment

      10. 18.Determination of contract profit rate adjustments

      11. 19.Determination of allowable costs

    3. Chapter 3 Alternative pricing of contracts

      1. 19A.Commercial pricing

      2. 19B.Prices determined in accordance with law

      3. 19C.Previously agreed price

      4. 19D.Novated contract price

      5. 19E.Competed rates applied to uncompeted volumes

      6. 19F.Agreed changes to the contract profit rate

      7. 19G.Aggregation of components

  5. PART 4 Records

    1. 20.Duty to keep relevant records

    2. 21.Examination of relevant records

  6. PART 5 Reports on qualifying defence contracts

    1. 22.General requirements and interpretation

    2. 23.Contract pricing statement

    3. 24.Contract reporting plan

    4. 25.Contract notification report

    5. 26.Quarterly contract report

    6. 27.Interim contract report

    7. 27A.Component completion report

    8. 28.Contract completion report

    9. 29.Contract costs statement

    10. 30.On-demand contract report

  7. PART 6 Reports on overheads and forward planning etc

    1. 31.Application of this Part

    2. 32.Interpretation

    3. 33.General requirements

    4. 34.Actual rates claim report

    5. 35.QBU actual cost analysis report

    6. 36.Estimated rates claim report

    7. 37.QBU estimated cost analysis report

    8. 38.Estimated rates agreement pricing statement

    9. 39.Rates comparison report

    10. 40.Strategic industry capacity report: general requirements

    11. 41.Strategic industry capacity report: corporate structure

    12. 42.Strategic industry capacity report: activities, people and infrastructure

    13. 43.Strategic industry capacity report: forecast costs of maintaining industrial capacity

    14. 44.Strategic industry capacity report: capacity and supply chain

    15. 45.Small or medium enterprises (“SME”) report

  8. PART 7 Records and reports: restrictions

    1. 46.Disapplication of requirements to give information

    2. 47.Reference to SSRO to investigate obligation of confidentiality

  9. PART 8 Compliance

    1. 48.Contraventions of section 31

    2. 49.Time limits for compliance notices and penalty notices

    3. 50.Maximum penalties

  10. PART 9 SSRO: opinions and determinations

    1. 51.Matters on which the SSRO must give an opinion

    2. 52.Matters in relation to which the SSRO must make a determination

    3. 53.Time limits for applications for opinions

    4. 54.Matters to which the SSRO must have regard in making determinations

    5. 55.References in relation to contracts entered into before the relevant date

  11. PART 10 Restrictions on disclosing information

    1. 56.Information specified for the purposes of paragraph 1(1)(c) of Schedule 5

  12. PART 11 Qualifying sub-contracts

    1. 57.Interpretation

    2. 58.Requirements for qualifying sub-contracts

    3. 59.Competitive process for single sub-contracts

    4. 60.Competitive process for sub-contracts made under a framework agreement

    5. 61.Assessing whether a contract would be a qualifying sub-contract

    6. 62.Appeal against assessment

    7. 63.Cessation of application to qualifying sub-contracts

    8. 64.Modifications of Part 2 of the Act

    9. 65.Modifications of these Regulations

    10. 66.Price adjustments for qualifying sub-contracts

  13. Signature

    1. SCHEDULE

      Re-determination of contract price

      1. PART 1 General

        1. 1.Application of Schedule

        2. 2.Interpretation

        3. 2A.Pricing amendments not covered by Part 2 or 4

        4. 2B.Multiple pricing amendments

      2. PART 2 Re-determination of price using a default pricing method

        1. 3.Application of Part 2

        2. Change of default pricing method

          1. 4.Amendment of the default pricing method used for a qualifying defence contract

          2. 5.Amendment of a default pricing method used for a ... component of a contract

        3. Change to an element of allowable costs

          1. 6.Amendment affecting a defined element of allowable costs

        4. Change to a contractual requirement

          1. 7.Change to a contractual requirement: contract or ... component not using cost-plus method

          2. 8.Change to a contractual requirement: contract or ... component which uses cost-plus method – distinguishable costs

          3. 9.Change to a contractual requirement: contract or ... component which uses cost-plus method – costs not distinguishable

        5. ...

          1. 10.Other amendments

      3. PART 3 Multiple pricing amendments to a qualifying defence contract

        1. 11.Scope of Part 3

        2. 12.Re-determination of the contract price

      4. Part 4 Re-determination of price using an alternative pricing method

        1. 13.Application of Part 4

        2. 14.Pricing amendment of contract or component priced using regulation 19A (commercial pricing)

        3. 15.Pricing amendment of contract or component priced using regulation 19B (prices determined in accordance with law)

        4. 16.Pricing amendment of contract or component priced using regulation 19C (previously agreed price)

        5. 17.Pricing amendment of contract or component priced using regulation 19E (competed rates applied to uncompeted volumes)

        6. 18.Pricing amendment of a contract priced using regulation 19G (aggregation of components)

  15. Explanatory Note