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Private Sector Prticipation in Defence Production: Major Policy Reforms

     
Gp Capt Anil Kumar

     
   At the time of independence, India had a very small ‘Defence Industrial Base’. Over the years, it has come a long way to acquire an enviable size and India now has one of the largest and most significant defence production capabilities in the developing world. 

    Despite its growth, Indian Defence Industry has not been significantly successful in development of ‘State-of-the-art” technology. Though a large number of projects have been undertaken to bridge the technological gap, most of them have either ended in failures or were delayed so much that import had to be restored to for meeting operational requirement of services.

Analysis of the state of defence industry in some of the developed states like US, UK and Sweden suggests that the necessary push to influx dynamism in defence production in these countries has been accomplished by participation of private industry in production of high tech arms and ammunition. In India, however the participation of civil industry in defence production is negligible.  

   In mid-1990, DRDO set a target of 70% self dependence in respect of country’s defence needs by the year 2005. However, even today India is nowhere near that objective of 70 percent self reliance.  It continues to depend on imports for all its major equipment requirements for which technology for production is not available in the country. In the Defence Budget for the current year 2006-07, there is a provision of Rs. 89,000 crores, out of which the provision under Capital Head is pegged at Rs.37, 458 crores. Out of this, a major portion will be spent on imports. Major reason for this state of Indian defence industry is the poor participation of private industry in defence production  

MAJOR POLICY REFORMS 

   There are many reasons for the poor participation of the civil industry in defence production However in order to address the major problems in achieving a larger participation of private industry in defence production and in its quest to achieve the target of 70 percent self reliance for country’s defence needs by 2005, the Government since mid-1990, has implemented a number of   policy changes.

    The new Industrial policy of 1991 implemented by Government of India ushered in an era of economic liberalization, offering Indian industry an opportunity to grow and expand.

    In 1998, on initiative of CII, six joint task forces were constituted. One of major recommendations of the task forces was private sector should be given a proactive role in defence production. After Kargil war, a committee was formed under Mr. K Subramanyam to look into aspects of national security. The report “Kargil committee report” submitted by the committee on 26 Feb 2001, highlighted a requirement of the reforms in higher defence management. The government also founded a Group of Ministers committee which submitted its report “Reforming National Security System”. Report recommended many steps for institutional changes and highlighted the importance of self reliance. Following this, the government brought about a major policy change in May2001 and opened the defence production by allowing 100% participation by private sector industry with 26% FDI cap. This is a landmark policy shift implemented by the government in the history of defence production in India. Government also implemented a few institutional changes. Integrated Defence Staff (IDS) was established for direct interaction between MoD and defence forces. A new acquisition set up was established in the Ministry of Defence in Oct 2001 to make the acquisition more efficient, transparent and fair. A new Defence Procurement Procedures(DPP- 2002) was  implemented with effect from 30 December 2002  for  procurements flowing out of ‘Buy’ decision of Defence Acquisition Council (DAC)  cases and subsequently  extended  to include “Buy and Make through Imported Transfer of Technology (TOT)’ decision.  ” cases as well The Defence Procurement Procedure –2002 (version June 2003), was reviewed and modified based on experience gained in implementation. This new procedure, Defence Procurement Procedure–2005 for all capital acquisitions has been implemented on 01 Jul 2005 to ensure expeditious procurement, transparency in operations, free competition and impartiality. 

   A new high level council named Defence Acquisition Council (DAC) with Finance Minister  as its chairman, three service chiefs , Defence Secretary, Secretary(DP&S), Secretary(DR&D) and Secretary (Defence finance) ) as members  was constituted.  The planning process for defence acquisitions would be under the overall guidance of the Defence Acquisition Council. Headquarters Integrated Defence Staff (HQ IDS), in consultation with the Service Headquarters, would formulate the 15 years Long Term Integrated Perspective Plan (LTIPP) for the Defence Forces and five years Services Capital Acquisition Plan (SCAP) which should indicate the list of equipment to be acquired, keeping in view operational exigencies and the overall requirement of funds.

The DAC will categorise all capital acquisitions   as ‘BUY’ ((outright purchase). ‘BUY and MAKE’ (purchase followed by licensed production / indigenous development) and ‘MAKE’ (indigenous production and research & development) on a five year basis and accord overall Acceptance of Necessity (AON). DAC’s   decisions on acquisition   as approved by the Raksha Mantri will flow down for implementation to the Defence Procurement Board (DPB), Defence Production Board and Defence R&D Board.

    Defence Procurement Board (DPB) has been made responsible for monitoring all activities related to  capital acquisitions  of Department of Defence of “Buy” and “Buy& Make” cases  and would also chalk out annual acquisition plans of the three  services which would be based on the five years acquisition plans approved by DAC.

    Defence Production Board would be responsible for indigenous production of all cases of acquisition categorized as “Buy & Make” and “Make”. Defence Research and        Development Board would monitor the progress on all R&D indigenous proposals categorized as “Buy & make” by DAC.

    Acquisition Wing will be headed by Special Secretary and would be responsible for all matters concerning capital acquisition. It will consist of four divisions namely Land, Maritime, Air Force and a Systems Division. Each division would have Acquisition manager, a joint Secretary level officer and Technical manager, a service officer of two star ranks. Finance Advisor (acquisition) would advise Special Secretary (acquisition) on finance matters

 Highlights of the DPP-2005. 

   Defence Procurement Procedure–2005 for all capital acquisitions, implemented on 01 Jul 2005 for expeditious, transparent, impartial and competitive procurement, has the following main features: 

·        Joint Services Qualitative Requirements will be formulated for equipment common to the three services.

·        Up to 30% direct offsets for procurement values of more than Rs 300 crores. It is mandatory for overseas defence companies making a sale of more than $70 million to India to buy goods worth 30 percent of the sale amount from Indian defence companies. 

·        An integrity pact will have to be signed by Buyers and purchaser to ensure that no unfair and unethical means were employed for winning the deals. The sellers would have to give a declaration that they have neither engaged any agent or broker for the defence deal nor have they paid any commission for the purpose.

·        Qualitative requirements for each acquisition will be broad based to avoid single vendor's situations.

·        A new clause will allow strategic and political consideration to override lowest-bid criteria in awarding major defence Contracts. Decisions on all such acquisitions would be taken by the Cabinet Committee on Security (CCS) on the recommendations of the DPB. 

·        Open tendering for items bought commercially-off-the-shelf (COTS).

    DPP-2005 which is basically an amended version of DPP- 2002 is an attempt to make the procurement procedures more transparent to ensure greater public accountability, healthier and wider competition. There are three important clauses which have been included in the procedures for the first time. Firstly, direct offset clause of 30% of the contract value would be extremely beneficial to Indian defence industry. Mr. Banerjee, Special Secretary (Acquisition), Ministry of Defence  in his address at “India Defence Industry Summit 2006 ” held during Defexpo 2006, clarified that the  as per the Offset Policy clause of  the Defence Procurement Policy (DPP-2005) , vendors would be at liberty to select their Indian partners from a list that would include both public and selected private sector companies.

  Secondly, integrity pact clause for capital acquisitions costing more than 100 crores has been introduced. Aim of this clause is to eradicate corruption and make the entire process of acquisition absolutely fair and transparent. Mr. Pramod K. Anand, Joint Secretary and Acquisition Manager, Ministry of Defence explained the details of the clause. He stated “Integrity pact binds both bidder and the buyer in the form of commitments made in black and white by them. Strict rules and punishments are being formulated in the rule book to deal with reports of using undue influence or bribery in the form of money or by personal contacts”.  However results of this innovative   clause in cleaning the corruption from the system would be known after some experience in defence capital acquisition under this clause. 

  Thirdly, clause of formulating Joint Services Qualitative Requirements for equipment common to three services is very important as this would eradicate duplication and standardize the inventory of the three services. 

  Another clause of deviation from DPP- 2002 is the waiver/amendment to parameters of SQR. In DPP-2002, waiver/amendment to SQR had to be referred to Defence Minister for approval which invariably delayed the acquisition process. However, as per DPP-2005, waiver/amendment to parameters of SQR may be accorded by the SHQ concerned before issue of Request for Proposal (RFP). Thereafter no waiver of parameters would be granted.  

Kelkar committee on self reliance in defence preparedness

    In order to address the critical issues raised by the private industrial institutions and to obviate the difficulties for private industry to enter defence production, the government had set up Kelkar Committee in 2004 to examine and recommend changes needed in the acquisition procedures and enabling a greater participation of private sector in defence production for strengthening self-reliance in Defence preparedness. The Kelkar Committee has submitted the report in two parts. First part of the report, submitted in April 2005 which focused on the review of defence procurement procedure, to integrate users, ministry of defence and the industry made several important recommendations, which are linked with the issue of enhancing indigenous production. 

    The Committee’s proposals focus on encouraging involvement of country’s best firms in Defence Capability Building, pursuing Offsets policy to bring in Technology and investment, exploring synergies amongst private sector Defence Public Sector Undertakings (DPSUs), Ordnance Factories (OFs) and Defence Research and Development Organisation (DRDO) to promote high technology capabilities and creating an environment for quantum jump in export of defence equipment and services. The main recommendations of the Committee are:-

    • Preparation of a 15-year long-term plan forming the basis for acquisition programme.
    • Information sharing of requirement of Armed Forces with the Industry.
    • Identification of entry points for the private sector in the acquisition process.
    • Accreditation and fostering of Raksha Udyog Ratna /Champion.
    • Evolve policy framework to promote participation of Small and Medium Enterprises in defence production.
    • Setting up a new professional agency for defence acquisition.
    • Provide Defence Research and Development opportunities both with DRDO and industry.
    • To promote transparency in decision making.
    • To encourage optimum utilization of existing capacity.
    • To work out Request for Proposals (RFP) to include an Offset Clause for contracts valued at Rs. 300 crores and above.
    • To re-examine the concept of Negative List for Defence exports and setting up of an Export Marketing Organisation.

  The committee has recommended adoption of South Korean model to identify Raksha Udyog Ratna (RUR)/champions on the basis of their performance. Only those firms of proven excellence and which are capable of contributing, depending on their technical, managerial and financial strength should be declared RURs. These firms are essentially platform producers and system integrators and to be treated at par with the Defence Public Sector Undertakings.

   As per the MoD press release, the measures outlined in the report when implemented would lead to a high degree of indigenous production, resulting in increased growth in the GDP, greater employment opportunities and substantial savings.  There would be greater self-reliance in Defence Production, benefits in terms of R&D, technology spin offs, higher industrial growth, higher exports, increased competition and more employment opportunities, besides cost savings.

  Majority of the recommendations have been accepted by MOD for implementation. A few others are being analysed for acceptance. Defence Minister, Mr. Pranab  Mukherjee while addressing Seminar on 'Defence Production and Outsourcing :Opportunities for the Private Sector' organized by FICCI on 30September  2005 in  New Delhi  said   “We have already included, in the Defence procurement procedures 2005 which has been recently promulgated, an important provision for obtaining 'offsets'. The present dispensation stipulates that for all the Capital purchases estimated to be above Rs.300 crores, there will be a requirement of an 'offset' obligation”.  Mr. S Banerjee, Director General (Acquisitions), Ministry of Defence in a seminar during Defexpo2006 announced that only “direct offsets” would be allowed in defence acquisitions for all cases valued over 300 crores and these have to relate to co-production, joint ventures and transfer of technology for maintenance and upgrades of weapon systems purchased. He also allayed apprehensions that offsets would be only confined to defence PSUs or ordnance factories, but it would be up to the defence suppliers to select their Indian partners from an approved list including private and public sector companies. This clause of “direct offset” has been included in the RFP for all cases of capital acquisition valued above Rs. 300 crores in the Defence Procurement Procedures 2005. Implementation of this clause in letter and spirit will go a long way in strengthening the defence sector capabilities in India.

  Second part of the committee’s report was submitted to MoD in Nov 2005.In the part two of its recommendations, committee has recommended that the Government should give greater freedom to the PSUs to form joint ventures, consortiums.

   After all the recommendations of the committee  are implemented, there  would be a much larger and  proactive participation  by the private industry in production of defence systems since they would be associated  with project right from the designing stage. There would be a greater participation between public and private sectors industry which will go a long way in evolution of a vibrant defence production industry in India.

 Conclusion

     This is a matter on concern that, despite policy changes implementation by the government towards defence production in 2001, private sector participation in this field has not increased in the last five years at the pace as was expected by the Government.  Except for some developments in the recent past, there are very few examples of a complete weapon  system having been taken up for development by private industry independently or in collaboration with DPSUs/DRDO. This was acknowledged by Defence Minister, Mr. Pranab Mukherjee while addressing a seminar on 'Doing business with Defence' in Kolkata on 31 Dec 2005. He said “the private sector had failed to come up to the desired level of participation in production of defence capacities”. 

  However, the policy changes implemented by the government are the steps in right direction and are likely to integrate private industry with defence industry to a larger extent and sooner or later usher in the desired results. These are a few reasons to be optimistic about future of Indian Defence Industry. 

 

 

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