DEFENCE ASDEFCON REVIEW PROMISED

This has the potential to be a game changer and open the possibility of contracting to defence to many more SME's and mid sized companies. If it is done correctly, and accompanied by changes to the defence mindset and procurement framework/s.

What do I mean by these (perhaps) bold statements? Firstly lets look at the ASDEFCON suite. I have worked with the ASDEFCON template suite for many years, advised on it, negotiated with both DoD and primes as well as subcontractors. And with that experience and a law degree, it still trips me up on occasion. There is also mammoth guide to the contract suite (you can find it on the CASG website) but I doubt too many have read it, both inside and outside defence.

The document suite needs simplification. Items such as limitation of liability, liquidated damages, and intellectual property can be confusing to new players (and some old ones) and are dealt with and applied different ways. Taking Intellectual Property as an example (and because I have an interest in the area), the changes from an IP Schedule and an IP Plan to the new 'Technical Data' schedule were (I believe) potentially a great idea. The trouble is, fast forward a couple of years, and people are still using the old form documents, or worse trying to squeeze IP clauses and TD clauses together. I've seen it, and it's not pretty (or easy to deal with).

Policy needs to change in several ways. DoD need to make it clear that the following are not on, and then follow up on compliance:

• Cheating AIC by bringing foreign staff over, this happens a bit;
• Making a simpler third and forth level (of supplier) 'ASDEFCON Lite';
• NOT flowing down ASDEFCON and trying to force subcontractors to sign up to 'your' special, one sided contract or 'we will not deal with you';
• Flowing ASDEFCON down, but amending clauses such that (for example) you get all the subcontractor IP, for ever, to do with as you wish or 'we will not deal with you';

These are just a few observations. My advice (as always) is spend the money and get some advice from someone like me ([email protected]), and/or hire a good contracts person. Will it cost you? Yes. It could also save you a lot more.