Thank you Mr. Chairman for inviting me to speak to you today about the Joint Strike Fighter.
Throughout my 33-year career in the federal public service I have had many opportunities to appear before you on a range of subjects. I always found it to be an honour and privilege to do so and I always enjoyed our exchange of views.
At the outset, I'd like to thank the clerk, Jean-François Lafleur, for distributing my expansive comments in English and in French. In my allotted ten minutes, I'll present an abridged version of those comments.
During my career I was presented with a number of opportunities that went well beyond my basic job description at the time, and afforded me an opportunity to do something exceptional for Canada and the Canadian people. One of these opportunities was in signing the memorandum of understanding with the United States on February 7, 2002, that resulted in Canada's participation in the second phase of the Joint Strike Fighter, or JSF, program. This signing was unique because its purpose had very little to do with my responsibilities as assistant deputy minister of materiel for the Department of National Defence, but rather what I could do for Canada, for Canadian industry, and for the creation of jobs in Canada. This signing had nothing to do with buying or committing to buy these jets, but rather everything to do with providing an opportunity for Canada's aerospace industry to participate in the United States' largest defence procurement in its history, a procurement valued at over $200 billion.
In the 2001-02 timeframe, the issue of replacing our fleet of F-18s was, and pardon the pun, not even on our radar. These jets were being modernized and were expected to last through 2017-18. Nevertheless, there was one overriding reality that made the decision whether to join this phase rather easy; namely, if Canada did not participate, its industry would not even be provided with the opportunity to compete in this $200-billion program. This possibility was one we could not contemplate, so Canada entered the program.
True, there were other benefits from being a participant, but they paled in comparison to the benefits now open to our industry.
When the government made the decision to sole source for the JSF as our next jet aircraft, I was disappointed. I could not understand why they took this decision. There are obviously valid reasons to sole source. As you are probably aware, defence procurement is subject to the Agreement on Internal Trade. The AIT is an agreement, internal to Canada, which came into force on July 1, 1995. In principle it requires procurements to be competed but recognizes there are exceptions. For example, in the event of National Security or where there is an unforeseen urgency, and I emphasize the word “unforeseen”, competition may be bypassed. I listened closely to the reasons the ministers provided for sole sourcing this acquisition and frankly, all are flawed.
First, ministers said that a competition was already conducted, so there was no need for another one. The ministers are referring to the competition conducted by the United States to determine which company would build the jet. On October 26, 2001, Edward Aldridge, Under Secretary of Defense for Acquisition, Technology and Logistics, announced that Lockheed Martin was the successful candidate over Boeing. I vividly recall how we were all glued to our TVs at National Defence headquarters awaiting the announcement. We were experiencing our own defence academy award drama. This competition had absolutely nothing to do with the need for a competition to determine which jet aircraft in the marketplace could meet today's Canadian military requirements at the lowest life cycle cost. Equating one competition with the other insults our intelligence.
Second, the minister said the government is buying the Joint Strike Fighter in order to provide Canadian industry with the opportunity to compete for $12 billion in contracts. The fact is, these potential benefits pale in comparison with the guaranteed benefits that would accrue to Canadian industry through a competition. In a competition of this size, all bidders would be required to provide an industrial and regional benefits plan as part of their bid. This plan would require each bidder to provide a guarantee of benefits equal to or greater than the value of the contract.
Third, the ministers claimed that this is the best aircraft available. When asked how he knows this, the Minister, Peter MacKay, responded that it was on the basis of briefing notes provided to him from within the Department of National Defence. Unfortunately, “in-house” analysis will reflect “in-house” bias. Other knowledgeable military experts have voiced other opinions.
The Joint Strike Fighter may in fact be the best aircraft to meet Canada’s needs. If it is, let it win in a competition. The only way to know for certain which aircraft can best meet Canadian requirements, and at what cost, is to put out an open, fair, and transparent statement of requirements and request for proposal and conduct a rigorous evaluation of the bidders’ responses. The bid that meets the requirements of the Canadian military with the lowest life-cycle costs would be selected.
Directing the contract for aircraft jets to the Joint Strike Fighter highlights the basic risks associated with avoiding competition. These include higher costs--perhaps up to 20% more--reduced opportunities for Canadian industry, and most importantly, uncertainty as to whether the best product has been acquired to meet the needs of the military.
By the way, funds squandered because we pay too much come from the Department of National Defence's capital budget, funds that, were it not for sole-sourcing, would be available for reallocation to other military capital priorities.
Yet the government continues to increase the percentage of non-competitive procurements at an alarming rate. In 2004, 8.8% of the value of National Defence contracts over $25,000 was non-competitive. By 2009, this percentage had risen to 42.1%, a fivefold increase. The phrase “competitive procurement” is quickly becoming an oxymoron. The procurement process is out of control and has degenerated into handouts for the chosen beneficiaries.
There is one other large downside risk to sole-sourcing, namely the increased potential for impropriety. The expenditure of public funds, especially when we're talking about billions of dollars, demands not only the highest degree of integrity, but also the appearance of the highest degree of integrity. An open, fair, and transparent process is critical. Undertaking sole-source deals leaves the procurement process more vulnerable to fraud, bribery, and behind the scenes deal-making and leaves the federal government more susceptible to such charges.
Thank you. I'd be pleased to answer your questions.