10
Accepted
The Department has spent nearly £4 billion of its budget by March 2021—including payments to...
Conclusion
The Department has spent nearly £4 billion of its budget by March 2021—including payments to GDUK of £3.1 billion—out of budgeted whole-life costs of £5.5 billion.26 It has so far received 14 vehicles, 2% of its contractual fleet requirement.27 Witnesses told us they were not prepared to outline the magnitude of potential losses to taxpayers in the event of contract termination, but told us that there are strong provisions in the contract and that it has imposed liquidated damages on GDUK for its failures.28 19 C&AG’s report, para 2.8 20 C&AG’s report, Figure 6 21 Qq 29–30 22 Minister for Defence Procurement, Statement on the Armoured Cavalry Programme (Ajax) Programme, 6 September 2021, HCWS260 23 Qq 37–47 24 Qq 37, 47 25 Minister for Defence Procurement, Statement on the Armoured Cavalry Programme (Ajax) Programme, 6 September 2021, HCWS260. 26 Qq 57–58 27 Q 5 28 Qq 56–57 12 Improving the performance of major defence equipment contracts Monitoring value for money
Government Response Summary
The government acknowledges the importance of managing supplier performance and risk, citing existing measures such as CAAS, firm price contracts, and liquidated damages. It commits to writing to the Committee by May 2022 to provide evidence of how it holds suppliers to account.
Government Response
Accepted
Government Response
Accepted
HM Government
Accepted
3.1 The government agrees with the Committee’s recommendation. Target implementation date: Spring 2022 3.2 Although the department agrees with the Committee’s recommendation, it does not agree with the Committee’s conclusion. The department recognises the importance of managing supplier performance including the apportionment of financial and programme risk. CAAS (Cost Assurance & Analysis Service) Approvals Team help define specific estimating and scheduling evidence requirements to underpin business cases in accordance with HMT Aqua Book Guidance2. This is delivered throughout the lifecycle of programmes continually developing and improving the accuracy of estimates as the project becomes more mature, and its risks fully identified. 3.3 The department accepts that supplier underperformance has been a factor on some programmes, but the use of Firm Price contracts, Liquidated Damages, Single Source regulation reform and other measures have been effective in limiting exposure to cost increases. These measures have resulted in the financial liability for cost over-runs being borne by suppliers. Industry has posted significant losses on contracts (for example the development and production contract for A400M aircraft) as a result of work delivered by MOD programme teams to best understand where financial risk and liabilities rightfully sits between the department and supplier. The practice of government funding the development costs of new capability is well-established across the world. Demanding that most of the upfront development costs are funded by industry before a commitment is made to buy equipment would reduce investment in cutting-edge capability, damage UK industry competitiveness, and runs counter to the policy set out in the DSIS. 3.4 In addition to delivering military capability to the Armed Forces, Equipment Plan investment brings economic benefit, supporting over 200 thousand UK jobs and generating intellectual property (IP) that can be exploited by UK industry in exports. The generation of cutting-edge IP naturally leads to technically challenging and higher risk programmes as the Department strives to maintain operational advantage, while industry also seeks to offer market-leading equipment both for domestic export use. 3.5 The Department will write to the Committee by the end of May 2022 setting out evidence of how it holds its suppliers to account and fairly and responsibly apportions risk and reward across its contracts.
Source
Committee
Public Accounts Committee
Report
Twenty-Second - Improving the performance of major defence equipment contracts
03 Nov 2021
HC 185
Addressee Bodies
HM Treasury
Timeline
Recommendation age
4.7 yrs
Report published
03 Nov 2021