Select Committee on Public Accounts Minutes of Evidence


Examination of Witnesses (Questions 280-299)

Sir Peter Spencer KCB, and Lieutenant General Rob Fulton, examined.

  Q280  Mr Davidson: I would accept that but there is clearly a distinction to be drawn between a warship and something that is literally bolted on, when you could clearly go out to competition elsewhere and deal with it differently, as distinct from something that is integral which is essentially an upgrade rather than an addition. Surely, in the context of upgrades, you are then a prisoner of the supplier? You indicated earlier on the difficulties you might face in letting a contract if a supplier knew you were up against a tough restriction, because then they could just hold on. When you said that, I thought that that was not the most trusting of relationships. Surely, by this iterative process you are placing yourself in a substantially weakened position?

  Sir Peter Spencer: Not if we follow through in the way which I described earlier of having a better engagement with industry in the first place and going for contractual arrangements which are more mutually beneficial. I talked about benchmarking with the North Sea oil and gas sector and construction industry. The fact is that with open book accounting and with more appropriate contracting arrangements whereby you positively incentivise a supplier to get a better return on his outlay by meeting your project aims, which can include driving the price down—if you get a better profit, as happened on some of the big North Sea oil projects, you get a better return from the supplier by driving the cost down, and then you have got mutually beneficial behaviour. However, it does mean a more trusting relationship as we have established with a number of companies. You might have recognised that we have not quite got there with all companies, but we are on the case.

  Q281  Mr Davidson: We did detect that actually! I am just wondering about how in future meetings we will be able to assess how successful this relationship has been. Will it be possible for us to receive material which identifies incremental changes and how each of them were dealt with, in order that you can establish that you have not been gouged unnecessarily?

  Sir Peter Spencer: We are looking at what we can do to identify the metrics for measuring supplier performance. It is bound to be a highly sensitive piece of information, but for our internal use that is precisely what we shall be doing. I ought to say by way of clarification of my earlier remark about BAE on Monday that there are contracts with that company where we do have very good and open and transparent successful relationships, so it would be wrong of me to say that it is symptomatic of everything in that company.

  Q282  Mr Davidson: I am aware of that. Can I come back to the question of trade-offs that you mentioned earlier between cost drivers and performance. I have always been under the impression that there is a great tendency amongst MOD people to overplay, over-engineer and all the rest of it. I am not clear how an iterative process is going to avoid that taking place and how you are going to avoid therefore cost escalation, because then there is a mutual interest between those who are doing to play with these things and those getting paid for it to upgrade everything all the time. Are you, or your office, going to be the people that hold these things down?

  Sir Peter Spencer: If I could give General Rob a chance to speak, it is mostly in his interests that we do this together because he has to put together the budget that I have described earlier, and it is no help to him if people are over-engineering because it wrecks the overall programme consistency. He has a very strong vested interest in making sure that all the people working for him are driving my people in the right direction.

  Lieutenant General Fulton: You will have seen from the Report that there is a very high percentage of requirements that have been met, as opposed to cost and time. We are responsible for owning that requirement, and we do so on behalf of the frontline commands, who are the ultimate end-users. What my people are pushing for is not gold-plating, but the maximum capability that they can get out of that piece of equipment. There is a very strong difference between that and gold-plating. It is the maximum amount of capability that we can get out, but, clearly, you can push that too far because you can be too demanding. That will then put at risk cost and time. There is a balancing mechanism between what my people are pushing for, which is the maximum requirement that we can deliver ultimately to the front line, the amount of money that we have got for that programme and the time within which it can be delivered. There is no sense in sticking to one at the expense of the other. You will see from the imbalance between meeting key user requirements on the one hand, a high figure, and cost and time performing rather less well, that we have got this out of balance. What might be helpful to do as part of this change that you have heard about from Sir Peter is to understand that those key user requirements have to be banded. We have to make sure that we understand what is the minimum capability that it is worth putting into the field, and then we have to have a hard target or a stretch target that shows that actually we would like it to be able to go a bit faster, fly higher, engage more targets, or whatever it may be. Once again, it is not gold-plating, just more capability. Within that band is the area within which we seek to work, and within that band, in conjunction with Peter's team, we need to make sure that we get the balance between cost, time and performance.

  Q283  Mr Davidson: At what level of the organisation are these decisions taken, because presumably they are not only a major decision but they are a variety of small ongoing decisions, and I am not quite sure whether or not all of these go upwards or whether they are left at the level of the project head?

  Sir Peter Spencer: Let me make it clear. We need to ensure at the point of approval that there is a three-dimensional space of performance time and cost which is big enough for the IPT leader and his military customer—who is called a director of equipment capability; and they can end up anywhere in that box they so choose without referring back, because they are living within their time and cost approvals and they are working within their performance band, which would be accepted as good enough, albeit we are trying to push it higher. My judgment at the moment is that we have more two-dimensional space and not much room to manoeuvre some of these performance areas, so people are a bit boxed in. There is an unwillingness to recognise the fact that the best is the enemy of the good, and that you can get to a point where you get an exponential rise in resource required to get margins of performance. The devil is in the detail. Some of these very fine areas are amongst thousands of lines describing what the performance is, and it is making sure we guard that process properly and spot the signs of problems before they damage the programme.

  Q284  Mr Bacon: Sir Peter, can I ask you to start on page 37 with the diagram about the Smart acquisition lifecycle, appendix 1. Can you say what system of metrics you have for measuring and controlling risk in the early concept stages—in other words, on the left-hand side of this chart?

  Sir Peter Spencer: We start with the capability that is needed and the options for meeting that capability and seeing if there is anything available that we could buy off the shelf to do it. If there is not, we then take a look at what the performance drivers are and understand to what extent that translates in the need to have new technology. We then look at the maturity of the technology that is available to us. Some of it will be emerging from the corporate research programme in the early conceptual stage; some of it will be in the form of the applied research programme that General Fulton's team runs; and some of it will be in the form of technology demonstrators where we start to prove things. We are now using, as is reflected in this Report, a systematic way of judging the technical maturity in the form of technology risk levels.

  Q285  Mr Bacon: What metrics do you use?

  Sir Peter Spencer: We use what is called TRL, technology readiness levels. For example—

  Q286  Mr Bacon: It is quite a complicated area. Could you send us a note explaining it in more detail?

  Sir Peter Spencer: Yes.[4]

  Q287  Mr Bacon: Thank you very much. As a general statement, do you think it is fair to say that you would recognise you have been under-investing at this end of the graph and that this is now changing?

  Sir Peter Spencer: Yes.

  Q288  Mr Bacon: On page 199, appendix 7, it is talking about whole-life costs. In paragraph 9 at the bottom right-hand corner, it states: "The year 2002-03 saw cost of ownership data being captured from stakeholders for the first time." Why was it for the first time? I will give you an example. I have just changed my car. I bought a new car in August 2001, so it was three years old, the finance was up and I had to hand the keys back or keep it or buy it off. I built a model on a spreadsheet, and it was quite a shocking experience to know how expensive it is to run a car. I wanted to analyse the true whole cost of ownership, which was common sense really, which was everything from the purchase cost itself and the capital to the maintenance and the fuel, which was a combination of the number of miles that I did and the performance of the car, and then the depreciation. I came up with a model that enabled me to figure out the whole-life cost. It is so blindingly obvious that that is what you do, I just cannot understand this sentence. Why was cost of ownership data only being captured for the first time two years ago or even a year ago?

  Sir Peter Spencer: It is a particular description of how we are doing cost of ownership in terms of the totality. It is not therefore valid to infer from that that we were not making estimates of whole-life costs of ownership in the past. We were using slightly different terminology and we were certainly failing to capture all of the components. To give an example, we were certainly capturing the costs of initial acquisition and the cost of ownership in terms of forecasts or what it would cost to maintain, refurbish, and all the rest of it through life until disposal. Where data was less accurate and not systematically collected were all of the other bits of through life cost of ownership including any infrastructure that we need like jetties for nuclear submarines, and particularly in terms of manpower. Because I used to do manpower in my last job, it was a particular interest of mine because the lead-time for a capability—the longest pole in the tent—tends to be the specialist skills you need to achieve in the military. It was therefore very important that we captured all of this information so that when we made these investment decisions we did not just do it on the initial costs of acquisition but with a much longer term view in mind of what represented value for money over the whole of the lifetime. In other words, it points to where I should invest more money upfront to ensure the costs of ownership that will be incurred by the Chief of Defence Logistics are going to be lower, so long as we do a proper investment analysis and appraisal and make sure that we are getting the return, because spending money earlier is always a disadvantage as opposed to spending the money later.

  Q289  Mr Bacon: It is a complicated question. Could you do a note setting out the various stages you think we need to go through to get to realistic estimates of whole-life ownership costs and what each stage covers, and when you get to the next further stage of the sequence and cycles, that would be extremely helpful. Perhaps you could add in to that note how you expect the variations in estimates, which obviously affect things like depreciation and carrying costs, are changed by resource accounting and budgeting?

  Sir Peter Spencer: Yes, indeed.[5]

  Q290  Mr Bacon: In regard to non-competitive contracts, I have here something from the Acquisition of Management System Commercial Manager's Toolkit, which is the report on the 2002 annual review of the profit formula for the non-competitive government contracts, and it says in appendix E on page 25: "The Government's consideration of the Review Board's report on the 1999 general review of the Government's profit formula has been suspended pending the outcome of the review by Government of whether the profit formula continues to offer the best mechanism for rewarding contractors undertaking work on non-competitive Government contracts. That was in September 1999. Can you say how this review has been resolved?" It says "pending the outcome". What has happened?

  Sir Peter Spencer: A set of proposals was discussed, and there was a period of negotiation while we agreed some key principles. Those proposals are now being discussed across other government departments. In fact, my Commercial Director is talking to the Treasury about them this week. The proposals will soon go through to ministers, which will, we believe, produce a more appropriate way of—

  Q291  Mr Bacon: What you are saying is that three and a half years after this was suspended pending the outcome of the review, there is still no conclusion. That is what you are saying.

  Sir Peter Spencer: Formally there is no conclusion. There has been a great deal of movement in terms of agreeing with other Government departments and with industry the direction in which we should go, and we are now going through the formalities of getting that endorsed and then announced.

  Q292  Mr Bacon: What I do not understand, whether it is Smart or whether it is conventional or whether it is non-competitive, is why it is so difficult to get some consensus with industry about what it will all cost and in particular what an acceptable level of profit for industry is. For example, when we look at PFI buildings, some of which are very complex, it is generally understood that the rate of return will be for 14% 15%, 16% or maybe 17%. That is the parameter, and it is understood. People sit where you are sitting and say through gritted teeth, because they have to admit it is a bit higher than it was originally going to be, that it is going to be 17% or a bit less. Why is that so impossible in the defence area?

  Sir Peter Spencer: It is not impossible.

  Q293  Mr Bacon: In that case, why have you not got further along the line on it?

  Sir Peter Spencer: Because we have been determined not to yield to proposals from industry to reward on a flat percentage basis a cost incurred in a non-competitive contract. We are much more interested in having a formula which rewards good performance, and under those circumstances we need a more selective tool than the one that is in place at the moment.

  Q294  Mr Bacon: You referred earlier to the article in the Times today, saying that there are significant inaccuracies in that article. Can you say what the significant inaccuracies are?

  Sir Peter Spencer: We are not about to sign a contract.

  Q295  Mr Bacon: It mentions in the Report on page 176 "the current forecast for Main Gate approval February 2004". What is the absolutely current forecast of Main Gate approval now?

  Sir Peter Spencer: There is no absolute forecast because—

  Q296  Mr Bacon: That is wrong, I take it.

  Sir Peter Spencer: That was the forecast which was made at the time in good faith and which was a reasonable estimate of expectation. The progress to maturing the decision has not been as planned.

  Q297  Mr Bacon: Can I check what things are clear and decided, because I have read that it is 65,000, 55,000 and 50,000. Is the tonnage decided?

  Sir Peter Spencer: No.

  Q298  Mr Bacon: Is the length decided?

  Sir Peter Spencer: No, nothing will be decided finally.

  Q299  Mr Bacon: Until you get to Main Gate.

  Sir Peter Spencer: There is a spectrum. What I can tell you is that these ships will be very much bigger and very much more powerful than the current ones, and to me arguing about a few thousand tonnes or a few metres frankly misses the point. The real point is that if we were to have allowed ourselves to have been driven by a misconceived notion that it was more important than anything else to make this decision on the date, we would have made the wrong decision. What I have now made clear is that Main Gate is not an anchor milestone and is not a date. It is obviously a date to aim for because we need to get on to it sometime, but it is a point of maturity, and that point of maturity needs to be independently verifiable so that people know we have got the right amount of understanding of the risks and we have decent three-point estimates based on proper collateral.


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