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The Hindu has reviewed official documentation which reveals that three
senior Defence Ministry officials on the seven-member Indian Negotiating
Team (INT) objected to the high cost of €1.3 billion (brought down from the
original €1.4 billion) assigned by the vendor, Dassault Aviation, to India
Specific Enhancements for the 36 Rafale fighter jets. Rajeev Verma, Joint
Secretary & Acquisitions Manager (Air), Ajit Sule, Financial Manager (Air),
and M.P. Singh, Adviser (Cost) noted: “The cost of India Specific
Enhancements (ISE) was too high.” (It is also a matter of official record that
the three senior Defence Ministry officials objected to several other aspects of
the proposed inter-governmental deal, including the inflated ‘benchmark
price,’ but these issues need not concern us here.)
Objections overruled
The other four members of the Indian Negotiating Team – the Deputy Chief
of Air Staff of the Indian Air Force, who headed the team; the Joint Secretary
(Defence Offset Management Wing); the Joint Secretary and Additional
Finance Adviser; and the Assistant Chief of Air Staff (Plans) – overruled the
objection. The relevant resolution states: “The seven member Indian
Negotiating Team (INT) concluded by majority decision of 4-3 that the ISE
cost of 1.3 bn euros at May 2015 EC was much better than that in the quote of
1.4 bn euros at EC 2009 in 126 MMRCA case. Further, it was concluded that
ISE cost is a non-recurring cost (NRC) and is not affected by the number of
aircraft purchased. The facts were presented to DAC [Defence Acquisition
Council] which agreed to INT’s viewpoint and it was ratified by the CCS
[Cabinet Committee on Security].”
The official record shows that various aspects of the government-backed
proposal for the procurement of 36 flyaway Rafales were presented or
referred back to the DAC on five separate occasions between August 2015
and July 2016. It is surely significant that every one of the 10 contentious
issues raised within the INT was settled by a 4-3 majority vote. The
negotiating team duly completed its work and its chairman submitted a report
on August 4, 2016.
My comments 8 : I am ready to accept that all the above information is true.
But what does N. Ram intended to say?
If his intention is to just highlight that there was difference of opinion, then I
am fine. Difference of opinion and discussion around that is good for any
decision making process as long as that difference of opinion is properly
recorded (it seems that was done and that’s how N. Ram got this
information). I would be shocked and doubtful if any Govt. says that all
contentious issues were resolved with unanimous decision.
However if Ram is suggesting that since most of the decision was made with
a difference of 1vote and hence either the deal to scrapped or process to be re-
initiated, then I don’t agree. When a contentious issue finally goes for voting,
it is decided purely by number and in this case 4 was greater than 3.
Difference of vote may be 1 but that’s legitimate way to decide, otherwise all
football (or soccer) matches ended as 1-0 have to be replayed, all cricket
matches won by 1 run or 1 wicket have to be replayed and so on…and also by
same logic Vajpayee govt. should have been allowed to continue when they
lost no-confidence motion in 1999 by just 1 vote.
According to the government’s notes on the decision-making process
submitted to the Supreme Court of India and shared with a group of
petitioners in compliance with the court’s orders, “the INT report and the
proposal for obtaining approval of the Cabinet Committee on Security (CCS)
was processed in Ministry of Defence…inter-ministerial consultations [took
place] with Finance Ministry and Ministry of Law and Justice,” and the
proposal was placed before the CCS on August 24, 2016. The proposal
included the matter of pricing as well as other contentious issues relating to
the proposed deal.
DAC's role
It is again significant that there is no reference in the government notes to any
further role for the Defence Acquisition Council headed by Defence Minister
Manohar Parrikar. The DAC was empowered to take a decision under the
Defence Procurement Procedure, but Mr. Parrikar shied away from his
responsibility and “progressed” the matter, in other words, passed the buck, to
the Cabinet Committee on Security, as recommended by the INT chairman.
All this was unsurprising considering that more than a year earlier Prime
Minister Modi had spoken his mind, reversing the course followed over the
previous decade and announcing, through an Indo-French joint statement in
Paris, a decision to buy the 36 Rafale fighter jets in flyaway condition “on
terms that would be better than conveyed by Dassault Aviation as part of a
separate process under way.” The CCS, chaired by the Prime Minister,
quickly ratified the majority decisions of the Indian Negotiating Team.
Thirteen India Specific Enhancements to the Rafale fighter jet were
demanded by the Indian Air Force as part of its urgent strategic requirement
in both the UPA-era bid and the 2016 deal. Besides the additional equipment
to be fitted on the bare-bones Rafale fighter jet, this brought in the cost
assigned by M/s Dassault Aviation to the design and development of these
enhancements so that they could be ‘seamlessly’ integrated in the aircraft.
While the BJP government has refused to disclose what these 13 India
Specific Enhancements are, partly on grounds of national security, it is
extremely unlikely that this information can remain a secret from the
international community of military experts and journalists specialising in
defence and security matters. In fact, some of the information is already
available in the public domain. An Indian Air Force document, cited by The
Hindu’s Special Correspondent, Dinakar Peri, in a November 2018 report
(https://www.thehindu.com/news/national/india-specific-rafale-add-ons-after-
delivery-of-all-36-fighters/article25532159.ece), states that the 13 ISE
capabilities are “not present in the Rafale aircraft being operated by other
countries.” They include capabilities relating to radar enhancements “which
will provide the force with better long range capability”, a helmet mounted
display “through which IAF pilots will be able to counter many threats
simultaneously”, the capability to start and operate from high-altitude
airfields, an advanced infrared search-and-track sensor, “a very potent
electronic jammer pod”, and capabilities pertaining to avionics. The Hindu
has access to the full ISE list but will not be presenting it here, because the
technical details contained in the list, which the government insists on
keeping secret, are not strictly relevant to this story.
My Comments 9 : I have already mention in my point 2 that media gather
information from somewhere and Govt. broadcasting that are two completely
different subject. Maintaining secrecy of a deal is Govt. responsibility and if
that secrecy is mentioned in the deal itself, then govt. is bound by that.
However as Ram said Hindu has access to full ISE list but he still not
published list, then it seems these ISE indeed has something that should be
kept secret.
Special leverage?
An important question that arises is whether in 2015-2016 the NDA
government had any special leverage that might have enabled it to extract
substantial price reductions from France for the 36 fully fitted, combat-ready
Rafale fighter jets. The answer is yes – and the leverage was provided by an
attractive, if not mouth-watering, offer that came from the Eurofighter
Typhoon Consortium which comprises leading aerospace and defence
companies from the United Kingdom, Germany, Italy, and Spain. In fact, the
official documentation shows that the three dissenting members of the Indian
Negotiating Team raised this issue in the following manner: “(f) Issue-6. The
20% discount offer of EADS [European Aeronautic Defence and Space
Company] in 126 MMRCA tender was ignored. The INT should take EADS
quote for 36 Rafale delivery equivalent and then compare prices.” The
relevant INT resolution, adopted by a 4-3 majority, asserts that “the
unsolicited offer of 20% by EADS in 126 MMRCA deal” was not in line with
the provisions of the Defence Procurement Procedure and was also against
Central Vigilance Commission (CVC) guidelines, since it was given after the
bidding closed.
The Eurofighter had come through technical and flight evaluations carried out
between 2009 and 2011 along with Rafale and been found to be fully
compliant with the Indian Air Force’s MMRCA requirements. It had lost out
to Rafale, on price. With the negotiations for the acquisition of the 126 Rafale
fighter jets stalling for a complexity of reasons, the Eurofighter Consortium
represented by Airbus (formerly EADS) sensed an opportunity. In a letter
dated July 4, 2014 addressed to the then Defence Minister, Arun Jaitley,
Domingo Urena-Raso, Head of Military Aircraft, Airbus Defence and Space,
outlined a fresh offer. This featured 126 Eurofighter Typhoons, a 20%
reduction in the total package price “compared to the numbers previously
submitted”, improved aircraft capabilities, “favourable payment terms”, an
enhanced transfer of technology process by setting up a production line and a
Eurofighter Typhoon Industrial Park in India along with “a comprehensive
training and support programme”, and the tantalising prospect of accelerated
delivery of Eurofighter jets by diverting deliveries meant for Germany, the
U.K., Italy, and Spain “to the benefit of the Government of India should you
wish to utilize such an accelerated program.”
Nor did the new Eurofighter offer seem entirely “unsolicited.” Sr. Urena-
Raso’s letter to Mr. Jaitley opens with this intriguing sentence: “The interest
of the Indian Government to replace its existing fighter aircraft fleet has
continually attracted our full engagement and we are hence delighted to
respond to your request as conveyed through our Nations’ Ambassador.”
The opportunity to make full use of the leverage provided by the new offer
from the Eurofighter Consortium was lost. The official stance that
entertaining the offer at that stage was impermissible under the DPP and
would also be violative of CVC guidelines was, at best, a debatable position
to take. By going for an inter-governmental agreement, in lieu of a straight
commercial contract with M/s Dassault Aviation, for the acquisition of 36
flyaway fighter jets instead of the 18 flyaway Rafales plus the 108 to be
manufactured, under licence, by HAL, the Indian and French governments as
well as Dassault were, in effect, crafting a new deal. Walking away from the
deal under negotiation if the finally offered price was not right was certainly
an option – and that knowledge should have given the Indian negotiators
strong leverage with France. The leverage might even have been potent
enough successfully to push for pricing and related terms that would have
matched the Eurofighter offer.
My comment 10 : Ram has already accepted that 9% discount was obtained
by NDA govt. and also ISE cost was brought down to €1.3 billion. In addition
to those NDA govt. extracted much favorable escalation clause, 50% (instead
of 30% of UPA) offset clause etc. etc. How can Ram be sure that govt.
obtained all these without leveraging Eurofighter Typhoon offer? Remember
we were downsizing the deal from 126 to 36…ideally Dassault should have
withdrawn some of the offers/discounts made during deal negotiation by UPA
but instead NDA govt. was able to extract more from Dassault. Question
should be asked to UPA why they were not able extract such discounts from
Rafale when their order (126 aircraft) was much bigger than NDA (36
aircraft)
Eurofighter Typhoon offer may be mouth watering (we Indians have special
inclination to anything that has discount) but this should be remembered
business are done for profit so for any discount exists a business strategy
(mostly hidden from buyer) to recover the cost in one way or another. These
are presented as discount to customer but business organizations internally
refer this as investment and always enforces a proper ROI (Return on
Investment) should be attached to it. Sometime these discounts could be
misleading too…let me tell you a story (somewhat real story):
“A vendor firm offered client mouth watering 10% flat discount. It was T&M
(time and material deal, charged on hourly basis) and this 10% flat discount
offered was a deciding factor for the firm to bag the order. However the
strategy the vendor firm adopted was increasing official per day work hours
to 9 from 8. It was difficult for client to minutely track how these additional 1
hour were spent every day by the vendor firm employees…so majority of the
time 8 hours work was passed to client as 9 hours work and billed to client.
So this way for most of the 8 hours work, the vendor firm billed client for 9
hours and thus make 11% - 12% additional profit. So 10% flat discount
offered to the client yielded 1% - 2% additional profit for the vendor firm and
1%-2% loss for the client.”
I am not concluding that Eurofighter Typhoon offer was malicious but doubts
can be should be raised how come they were suddenly able to offer 20%
(that’s huge discount by any imagination). Also Eurofighter Typhoon is a
consortium of 4 participating countries (unlike Rafale which is developed in
one country France) and some of these countries have strict war time policies
regarding supply of parts etc. This was and always will be a concern while
deciding between Eurofighter Typhoon and any other aircraft.
Distributed over 36 jets
To sum up the new information presented in this article: In the 2007 bid by
M/s Dassault Aviation, the ‘design and development’ cost of €1.4 billion
claimed by the vendor for the India Specific Enhancements was to be spread
over 126 aircraft. Although this fixed cost was negotiated down to €1.3
billion in the 2016 inter-governmental deal, it was distributed over 36 fighter
jets. This straightaway meant an increase of €25 million in the price of each
aircraft as compared with the UPA-era bid by Dassault.
The increase of €25 million was far greater than the 9% reduction in the price
of a bare-bones aircraft offered by France in 2016. That this discount was
applied to the price of a bare-bones, and not a fully fitted, combat-ready,
Rafale was confirmed by Dassault Aviation Chairman and CEO, Eric
Trappier, in a November 2018 interview to ANI.
UPA flyaway cost per aircraft – €79.3 million (as per initial cost submitted
in 2007)
UPA ISE cost per aircraft (1.4 Billion/126)– €11.11 million
So overall cost per fighter aircraft - €90.41 million
Error in the calculation : €79.3 million UPA cost was as per 2007 RFP
which later got escalated to €100.85 million in 2011. N. Ram also
confirmed this at the beginning of his article. So going back to
invalid/obsolete 2007 price and then deduce 41.42% higher cost per
plane is nothing but a malicious effort to malign NDA govt. This
calculation is nothing but a political propaganda spread by N. Ram
due to his hate towards Modi/BJP. Let’s throw this calculation into
dustbin and do not spend a second more to cross examine this.
b) N Ram’s calculation for 14.20% higher cost:
NDA flyaway cost per aircraft – €91.75 million
NDA ISE cost per aircraft (€1.3 Billion/36) – €36.11 million
So overall cost per fighter aircraft - €127.86 million
UPA flyaway cost per aircraft – €100.85 million (as per escalated cost of
2011)
UPA ISE cost per aircraft (€1.4 Billion/126)– €11.11 million
So overall cost per fighter aircraft - €111.96 million