15 Acknowledged

Problems with supplier performance include their inability to undertake complex design work within agreed timetables,...

Conclusion
Problems with supplier performance include their inability to undertake complex design work within agreed timetables, difficulties in satisfying safety regulators’ requirements, and their inability to project management effectively due to under- resourcing.37 However, the Department has also contributed to problems, in particular it has managed the integration of different elements of programmes and the work of different contractors poorly. In equipment procurement, a particular challenge for the Department is its inability to deliver ‘Government Furnished Assets’ (GFA), such as equipment, information or resources, to suppliers in line with contractual obligations. On the Type 31e frigate programme, the Department had not finalised its schedule of GFA 18 31 C&AG’s report, para 3.2 32 C&AG’s report, para 3.10 33 Q 12 34 House of Commons Defence Committee, Oral Evidence: Ajax: recent developments, HC 550, 20 July 2021, Q 80. 35 C&AG’s report, para 3.2 and Figure 6 36 Q 93 37 C&AG’s report, para 3.8 14 Improving the performance of major defence equipment contracts months after awarding the contract.38 The Department also makes suppliers’ achievement of contract milestones more challenging by often changing its mind about what it wants during the contract, as in the case of the Warrior armoured vehicle upgrade.39
Government Response Summary
The government recognizes challenges with equipment delivery and states it has existing governance and measures in place to ensure contractor obligations. It commits to writing to the Committee by May 2022 with evidence on how it holds suppliers accountable and apportions risk, but does not specifically address the department's own poor management of integration or GFA delivery.
Government Response
Acknowledged
HM Government Acknowledged
1.1 The government disagrees with the Committee’s recommendations [for reviewing the department's delivery model]. 1.2 The Ministry of Defence (the department or MOD) recognises the challenges with delivering equipment capabilities, challenges which are not unique to UK Defence. The department is clear that there is no single over-arching solution to the challenges but continues driving improvements across many areas which specifically include those the Committee has highlighted. 1.3 There are comprehensive governance arrangements and robust measures in place to ensure that contractors meet their obligations. As standard, contracts contain management clauses which are constantly monitored to ensure compliance and enable corrective action if necessary. Reviews into the performance of the largest and most important projects are undertaken at senior level through multiple channels across the department, including the Strategic Partnering Team and the Sourcing Council. 3.1 The government agrees with the Committee’s recommendation [to ensure suppliers take on their fair share of the financial risk]. 3.2 Although the department agrees with the Committee’s recommendation, it does not agree with the Committee’s conclusion [that it does not make enough demands of its suppliers]. The department recognises the importance of managing supplier performance including the apportionment of financial and programme risk. 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. 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.
Addressee Bodies
HM Treasury
Timeline
Recommendation age 4.7 yrs
Report published 03 Nov 2021