Managing smaller firms at arms'
length
83. Before the Defence Industrial Policy,
and even before the Smart Acquisition initiative, the MoD's approach
to managing risk in equipment programmes involved dealing with
prime contractors, putting the onus on the prime contractor to
manage the risks of integrating components and sub-contractors'
input. As we have discussed, the Defence Industrial Policy puts
forward a raft of measures for how the MoD will deal with the
firmsthe prime contractorsfrom whom it acquires
defence equipment. However, as our industry witnesses identified,
typically only up to 30% of a project's development and production
costs would lie with the prime contractor, with 70% or more typically
sub-contracted to second-tier firms.[202]
A more stark example of that dividing line is that each of the
top five contractors in the aerospace sector, relies on some 1,500
small and medium sized enterprises.[203]
Sir Richard Evans told us that competitive pressures on the primes,
and its manifestation in seeking efficiency savings and lean manufacturing,
is driving prime contractors to reduce the number of suppliers
they directly engage, however, causing 'clusters' of suppliers
to form around those primes.[204]
84. We therefore sought from the Defence
Manufacturers Association their perspective on the position of
smaller firms in the light of the Defence Industrial Policy and
the MoD's focus under Smart Acquisition on prime contractors.
Their submission[205]
highlighted a number of concerns:
- The focus of the MoD's Integrated
Project Teams on the larger ('prime') firms means smaller firms
do not have direct communication with MoD project teams. This
means added bureaucracy of having to deal with several Integrated
Project Teams and prime contractors running projects which smaller
firms hope to supply.
- The MoD focus on prime contractors, with the
Defence Industrial Policy also centred on providing transparency
for the primes, means that "there is no clear MoD mechanism
for assessing and influencing
the [sub-contract] procurement
decisions of the primes".
- Because of the financial penalties of not complying
with the ITAR waiver controls (paragraph 43) smaller firms may
choose not to sign up. If that happens, UK primes (who have signed
up) may not turn to UK sub-contractors.
85. When we asked him about the challenges
for smaller firms, Lord Bach was clearly familiar with the issues
for small and medium enterprises (SMEs)
there is some concern
as to whether
Smart Acquisition leaves them out in the cold, particularly in
relation to the [Defence Procurement Agency] and the Ministry,
in a way that did not happen so much before because of the obligations
that we put on prime contractors to be responsible for their own
sub-contracting...I am concerned that we do not lose sight of
SMEs in the Smart Acquisition process, and I am also concerned,
and this is a personal view, that the sub-contractors, small companies,
are dealt with fairly always by prime contractors. This, I think,
is crucial. There can be a tendency for prime contractors, the
big beasts, as it were, to make their sub-contracts go sometimes
not necessarily to the places where they ought to go. When small
and medium firms write to me and say,
"We are not happy
that we were not given a chance in this contract"
I
am not prepared to accept the answer [within the MoD] "Well,
actually it is nothing to do with us. It is a matter between the
prime contractor and yourselves". It is that area where I
think we can perhaps start looking carefully at what we do with
SMEs. You know that there are codes of practice of course, but
the codes of practice of course are toothless and not legally
binding. It is essential that if the codes of practice are breached
by prime contractors, and I am not saying this happens as a regular
thing, but if they are, then I think we should be prepared to
take some action against the prime contractors which will affect
them. It is keeping that confidence between SMEs and the Department
that I consider to be one of my priorities
[206]
We welcome the Ministers' robust approach. Smaller
firms provide the essential foundation for the UK defence industry,
and the MoD must ensure it considers the implications for such
businesses as it develops its procurement processes and policies,
including efforts to
make it more 'agile'. In our future inquiries we will ask the
MoD how being part of the prime contacting 'alliance' in the Future
Carrier programme might have given it a clearer perspective on
life for the second-tier firms with whom the alliance will be
dealing.
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