Bigbux,
Good points, and putting that sort of thing into the contract comes under the heading of the 'sharp' behaviour I've seen from almost all contractors. The MoD fashion for 'all in' support contracts (they even call them 'Integrated' sometimes) has led to some really stupid issues out at the front line.
Issues like the one you quote are usually inserted into the contract by the companies to reduce risk, especially where they are being asked to guarantee a certain level of performance or availability at first line. These risk mitigation measures often get included as part of very complex 'Terms and Conditions' or 'Assumptions' documents within the contract. As Tuc so well points out, the safeguard against this sort of nonsense is close and professional scrutiny of the contract (I think it's a bit like what the financial world call 'due diligence'), especially these bits. And that's where the MoD has had a very big problem for some time.
Apache was presented as an 'off the shelf' buy, and there was a real reluctance at higher management level to listen to the many warnings they were getting about the technical configuration of the Apache, and some of the built in obsolescence Tuc mentions. Not helped by the decision to form a small team (an off the shelf project, see?) from entirely within a Helicopter Directorate, which was, in some key areas, deficient in technical horsepower. Tuc's mentioned one area - I know that the whole area of weapons procurement for the aircraft (a very large project in its own right) was staffed by 0.5 of a CS with absolutely no previous weapons experience.
Going forward, the MoD simply has to rebuild its technical skill set. Getting rid of very good Service personnel has only made the situation worse, and reliance on contractors isn't a long term solution. (Statements of interest - I've been contracting to the MoD for some time, and was involved in the Apache when I was still serving in the RN).
My bottom line - you can complain about the contractors all you like - in my experience on both sides of the fence, the surest way to a good performance from a contractor is a good performance from the procurement team who are charged with managing the project and the contract.
Best Regards to all those having to do it now,
Engines