Contract and programme management

3.6 As we saw in Parts One and Two, the major programmes we examined have a mixed record of delivery against time and cost milestones, despite the scrutiny of these programmes at key stages. Contracts may fail to deliver for a range of reasons. These include loss of skills due to gaps between programmes, and differing assumptions between the Department and suppliers about aspects such as design maturity, workforce productivity, or the appreciation of risk and who carries it. Figure 6 on pages 34 to 38 sets out the main issues encountered in the programmes we examined which were on contract. We have drawn on these examples to illustrate points made throughout this report.

Figure 6

Summary of contract management issues with the Ministry of Defence's major equipment programmes considered in this report

The Ministry of Defence (the Department) and suppliers have faced a range of contract management challenges

Programme

Stage reached

Procurement approach

Prime or lead contractor

Main contract management issues

Warrior armoured vehicle upgrade

Cancelled in March 2021, having been in the 'demonstration' phase with the prime contractor since 2011.

Competitive

Lockheed Martin UK (LMUK)

The Department's contracting approach to the work required on the vehicle, notably the fitting of a new turret equipped with a cannon supplied under a separate contract, left it with a challenging task in integrating the contributions of a range of suppliers and providing key components to the lead contractor. The lead contractor and supplier of the cannon were not in a contractual relationship although their work was interdependent.

Design delays affected progress from 2011 and the contract with the prime contractor was re-set in 2014. A significant contract amendment followed in 2017 to incorporate integration of the cannon which had only been at the prototype stage at the time of the 2014 re-set. The Department was responsible for delivering the cannon to the prime contractor as Government Furnished Assets (GFA). In evidence to the House of Commons Defence Committee in 2020, LMUK stated that some 80% of schedule delays were related to factors other than its design work.4 The Department stated that it "broadly agreed" with this assessment during the accompanying evidence session.

By the end of 2018, the Department's view was that senior engagement with the prime contractor, new governance procedures, and personnel changes had improved working relationships. The improved working relationships continued during 2019 and 2020.

In October 2020, the Infrastructure and Projects Authority (IPA) did not consider the programme ready to proceed to the full manufacture stage. Subsequently, the Department paused progress of the Full Business Case towards approval as part of its consideration of the Integrated Review, prior to cancellation in March 2021.

Ajax armoured vehicle

In the demonstration andmanufacture phase to deliver since 2010 for delivery of 589 vehicles.

Competitive

General Dynamics United Kingdom Ltd

In 2014, the Department negotiated a deal for the manufacturing contract that accommodated a reduced order size without increase in unit price, in return for granting the supplier a time extension for the demonstration phase.

Both the Department and supplier underestimated the complexity of the work involved in developing a range of vehicle types, including gaining safety accreditation.

The Department decided to run the design and manufacture phases concurrently in pursuit of substantial savings and to ensure timely delivery of the capability. This ultimately led to a 15-month renegotiation, before a re-baselining of the contract in 2019. The purpose of the re-baselining was to maintain the existing schedule, settle outstanding disputes and incorporate customer changes to requirement, while making some concessions on capability at no additional cost to the Department.

Achievement of key milestones remains challenging with the level of resource available to the delivery team.

In April 2021, a review by the IPA raised serious concerns about the deliverability of Ajax to the current timetable. The Department told us that it continues to consider Initial Operating Capability (IOC) achievable by the end of June 2021, despite the senior responsible owner's rating of delivery confidence as 'red'.

Boxer armoured vehicle

Contract for manufacture of 508 vehicles placed in November 2019.

Non-competitive (through the European procurement agency OCCAR)

ARTEC Gmbh (via OCCAR)

OCCAR has day-to-day responsibility for managing contracts with the supplier and programme delivery.

At the start of the programme the IPA saw key challenges going forward as a challenging timetable and the management of interdependencies with other programmes. The programme has not experienced significant issues since the manufacturing contract was let.

A400M transport aircraft

Contract for delivery of 22 aircraft let in 2003.

Competitive (through OCCAR)

Airbus Military SL (via OCCAR)

OCCAR has day-to-day responsibility for managing contracts with the supplier and programme delivery.

The supplier's delivery of aircraft to the partner countries has been severely delayed during the course of the programme, including a six-year delay to UK entry into service.

The lead supplier had already incurred losses of billions of euros on the fixed price contract, threatening the viability of the programme. The Department has agreed to receive reparations in kind through enhancements to capability as part of a re-baselining of the contract signed in 2019.

Although it has been in service since 2015, setting up a 'joint venture' steering group has proved an effective way of addressing problems with low levels of aircraft availability, which caused strained relations between the Department and supplier during 2018-19.

Poseidon P-8A maritime patrol aircraft

Contract for delivery of first of nine aircraft let with the US government in 2017.

Non-competitive (purchase through US government)

The Boeing Company (via the Defense Security Cooperation Agency)

The purchase of an existing in-service capability through the US government de-risks many aspects of programme delivery, although the price paid is non-negotiable and the process imposes additional restrictions, for example, on the use of intellectual property.

The programme involved extensive work with a wide range of stakeholders and key interdependencies, such as partner nations and infrastructure requirements.

The Department achieved IOC on schedule in April 2020.

Protector unmanned aerial vehicle

Contract for manufacture of 16 vehicles let in 2018.

Non-competitive (partly purchased through the US government)

General Atomics Aeronautical Systems Inc

Despite the Department delaying the programme for funding reasons, the supplier helped to maintain the project's momentum.

This is in part a purchase through the US government, but the delivery team has valued the additional flexibility and control where contracts are directly with the supplier.

Further schedule slippage has occurred due to delays in the Department's provision of supporting infrastructure.

Marshall air traffic management system

Contract for radar infrastructure delivery and service provision let in 2014.

Competitive

Aquila Air Traffic Management Services Ltd

The Department and supplier re-set the contract in 2018, as both recognised the need to address the causes of delays by increasing programme and contract management resources, clarifying roles and responsibilities between Aquila and different parts of the Department, setting up a joint programme management office and forming more constructive behaviours and relationships.

Following realisation that some aircraft were fitted with equipment incompatible with the system, and the Department's continuing changes to user requirements, the parties agreed a further contract amendment in late 2020.

The Department declared IOC, originally due in 2017, in January 2021.

Type 26 frigate

Contract for design phase let in 2010; contract for construction of first three ships let in 2017.

Non-competitive (due to UK sovereignty requirement)

BAE Systems Surface Ships Ltd

Large increases in cost estimates during design phases led to delays of more than three years in approval to manufacture while attempts were made through a joint Department-supplier project board to provide an affordable route to manufacture and mitigate the root causes of problems on previous shipbuilding programmes.

The Department cut the number of ships it would procure from 13 to eight in 2015 to meet affordability constraints.

With construction underway, current concerns include the supplier's rate of progress (exacerbated by the impact of COVID-19) and the Department's ability to provide GFA. Through its Strategic Partnering Programme (paragraph 3.17) the Department is undertaking work with the lead supplier to address issues with the supply chain.

Type 31e frigate

Contract for competitive design phase let in December 2018; contract for construction let in November 2019.

Competitive

Babcock International Group PLC

The Department had set a target price of £250 million per ship in the National Shipbuilding Strategy. During the competitive design phase, bidders indicated that they would withdraw from the competition unless the Department excluded the £90 million of GFA from the budget, which they did.

Progress on the firm price contract has been satisfactory despite COVID-19.

Crowsnest radar system

Contract for delivery let in 2016.

Non-competitive

Lockheed Martin UK Ltd

The Department did not oversee its contract with the prime contractor effectively and, despite earlier problems on the project, neither was aware of a key sub-contractor's lack of progress until it was too late to meet the target delivery date.

The senior responsible owner is now reporting much improved supplier behaviours against a re-planned timetable. All parties have committed more staffing resources. The Department is withholding payments for poor performance.

Astute attack submarine boat 5 (HMS ANSON)

Within the overall Astute programme, the main contract for Boat 5 was let in 2015.

Non-competitive (due to UK sovereignty requirement)

BAE Systems Marine Ltd

Delays in delivery of the fifth boat in the programme are primarily a consequence of issues with earlier boats in the programme, particularly Boat 4.

The Department's delivery team is monitoring a quality improvement plan being implemented by the supplier.

In early 2020, the parties agreed a contract amendment to offset supplier claims and changes to user requirements. COVID-19 will increase schedule slippage.

Spearfish torpedo upgrade

Contract let in 2010. In demonstration and trials phase since 2014.

Non-competitive (due to UK sovereignty requirement)

BAE Systems PLC

The programme has suffered delays due to the Department's and supplier's programme management. The supplier had problems designing and trialling its technical solution. The Department originally scoped the programme too narrowly and has had to bring other projects within the programme. The programme team reports considerable improvements in programme governance since 2019. Both parties have found it difficult to produce a safety case to meet accreditation requirements and are continuing to work together on a solution.

In March 2021 the Department declared that the Spearfish weapon project portion of the programme had achieved IOC.

Morpheus

Contract with 'transition partner' to develop 'open architecture' for future phases let in 2016.

Non-competitive

General Dynamics United Kingdom Ltd

The Department has lacked the resource capability and capacity to programme manage the contract as a 'pseudo-prime contractor'.

Both Department and supplier have struggled to implement an 'agile' procurement approach, especially in the context of a firm price contract (see paragraph 3.5).

Lack of progress prompted the Department to commission an independent review in late 2020 which established a lack of clarity about both the target solution and what had been achieved for the expenditure to date, as well as the need to improve governance, control and behaviours, and apply lessons learned. The Department is continuing to explore options for taking the project forward.

Complex Weapons

'Enabling contract' in place since 2010, to which individual weapons contracts are amendments.

Non-competitive

MBDA UK Ltd

The Department currently expects to achieve its targets of achieving £1.2 billion of net efficiencies through the contract and protecting UK capability in this area, notwithstanding delays or cost increases on some sub-projects.

In renewing the agreement in 2021, the Department will aim to better incentivise supplier performance, apply the Single Source Contract Regulations, and embed an 'agile' operating model.

Skynet 6 communications satellite

Contract for 6A sub-project let in 2020.

Mix of non-competitive and competitive. Non-competitive element (6A) has UK sovereignty requirement

Airbus Defence and Space Ltd (for Skynet 6A)

Suppliers have met milestones on the 6A contract to date. Letting of the 'Service Delivery Wrap' contract is delayed by 12 months.

New Style of IT (Deployed)

Approval given in 2016 to let a range of contracts through competition.

Mix of non-competitive (existing contract) and competitive (new contracts)

ATLAS consortium (initially)

The Department has lacked the resource capability and capacity to project manage the contract as a 'pseudo-prime contractor', and to successfully implement an 'agile' contracting approach. The project team reported that costs were underestimated at the main decision point, exacerbated by an inadequate provision for risk. The delivery team therefore concluded in September 2020 that the programme could not deliver against its approved cost, time and performance parameters.

Notes

1 The following programmes we examined are not yet under contract or contracts started after we completed our fieldwork: Challenger 3 tank (non-competitive procurement);

Future Maritime Support Programme (mix of competitive and non-competitive procurement); and Fleet Solid Support ships (competitive procurement).

2 The Future Combat Air System Technology Initiative programme that we examined is a non-competitive research and development programme.

3 Most programmes have been affected by COVID-19. The Department is still assessing the impact of this on contracts.

4 Lockheed Martin UK's evidence to the House of Commons Defence Committee in September 2020, which can be accessed here: https://committees.parliament.uk/writtenevidence/12158/html/

Source: National Audit Office analysis of the Department's documents