Referrals

Contents: The SSRO may be asked to give an opinion or make a determination on matters related to the regulatory framework in specific circumstances. This section sets out summaries of referral outcomes, links to the SSRO's procedural guidance, and lists of the grounds on which referrals may be made.

Referral outcomes

The SSRO’s general approach is to publish summaries or redacted versions of its determinations and opinions. Referrals are contract-specific, and care should be taken before applying the conclusions to other circumstances and contracts. However, in making a determination the SSRO must have regard to any of its previous decisions.

Determinations

SSRO Determination: In 2016 the SSRO issued a determination on the extent to which sales and marketing costs in a qualifying defence contract are Allowable and the appropriate cost risk adjustment. Link to full referral

SSRO Determination: In 2019 the SSRO issued a determination on the extent to which labour costs in a qualifying defence contract are Allowable. Link to full referral

SSRO Determination: In 2022 the SSRO issued a determination on on the treatment of Research and Development Expenditure Credit when determining allowable costs under a qualifying defence contract. Link to full referral

Opinions

SSRO Opinion: In 2016 the SSRO issued an opinion on various matters related to risk, including the extent to which the cost for re-work and defects and deficiencies were Allowable Costs in a qualifying defence contract. Link to full referral

SSRO Opinion: In 2016 the SSRO issued an opinion on Allowable Costs arising from work undertaken at risk in respect of a proposed qualifying defence contract. Link to full referral

SSRO Opinion: In 2017 the SSRO issued an opinion on the extent to which payments made under a pre-regime contract are required to be reported in reports for related qualifying defence contracts or qualifying sub-contracts. Link to full referral

SSRO Opinion: In 2018 the SSRO issued an opinion on the extent to which costs agreed prior to conversion of a contract to a qualifying defence contract may be Allowable Link to full referral

Referrals guidance

SSRO guidance on referrals procedures

The SSRO issues guidance that explains its referral procedures, including the timeframes and detailed descriptions of each of the various stages in the processes.

  • Referral procedures for determinations.
  • Referral procedures for opinions.
  • Referral procedures for appeals against assessment as a qualifying sub-contract.
  • Referral procedures for notices of cessation as a qualifying sub-contract
  • Guidance on requiring the payment of referral-related costs

The guidance is not reproduced on this website.

Guidance on the SSRO’s referrals procedures

Grounds for referrals

The matters on which the SSRO might give a determination or opinion are scattered throughout the legislation. The SSRO's referrals guidance includes full lists of statutory grounds for referral and these are reproduced on this website.