December 7, 2018 | Local, Naval
Lee Berthiaume / The Canadian Press
OTTAWA — New court documents show public servants discussing the risk to taxpayers as successive federal governments have turned to sole-source contracts to buy desperately needed equipment for the Canadian Forces and others.
The documents were filed on behalf of suspended Vice-Admiral Mark Norman, who is charged with breach of trust in connection with one such contract. They land amid frustrations with Canada's military procurement system — including because of political mismanagement — that have led to the need for quick fixes.
Prime Minister Justin Trudeau's government has chosen to sign several sole-source contracts to bolster the coast guard's aging icebreaking fleet and the country's fighter-jet force, buying time to find permanent replacements.
Sole-sourcing does make sense in many cases, said defence analyst David Perry of the Canadian Global Affairs Institute, particularly where there is an emergency or it's clear that only one company can meet the government's needs.
"But if you're sole-sourcing to fill a capability gap, that's the result of mismanaging a procurement to the point where you are out of options and have no alternative," Perry said. "That's not really a good reason to be sole-sourcing."
The Tories under Stephen Harper once intended to buy a fleet of F-35 fighter jets on an untendered contract, but aborted that plan in 2012 once the full price became known.
Then the Trudeau government planned to spend about $6 billion on 18 sole-sourced "interim" Super Hornets from Boeing because it said Canada needed more fighter jets to support its aging CF-18s until replacements could be purchased through a competition.
The Super Hornets deal eventually fell apart because of a trade dispute with Boeing. So the government is buying 25 second-hand Australian fighter jets, also without a competition. Canada isn't expected to get new fighter jets until at least 2025.
The Liberals also recently bought three second-hand icebreakers from Quebec-based Davie Shipbuilding for the coast guard, whose existing fleet is on average 35 years old — with no immediate plan to replace it on the horizon.
Suspended as the military's second-in-command in January 2017, Norman was charged in March 2018 with one count of breach of trust for allegedly leaking cabinet secrets to Davie over a different contract. He has denied any wrongdoing and vowed to fight the charge.
The case against Norman centres on a sole-sourced deal negotiated between Davie and the previous Conservative government in 2015, in which the Quebec shipyard proposed converting a civilian cargo ship into a temporary support vessel for the navy.
The $700-million contract with Davie was not finalized before that year's federal election. Although the newly elected Liberals at first wanted to delay it for a closer review, they signed off on the deal a short time later.
Before Liberal ministers agreed to buy the converted ship, bureaucrats from the Privy Council Office, the government's top department, wrote a secret briefing note in November 2015 that discussed the problems with not holding a competition.
"The risk inherent with a sole-source contract is that much of the leverage in the contract negotiation resides with the company," the bureaucrats wrote, even as they noted that the Conservatives had exempted the deal from the usual oversight for such projects.
Despite these concerns, the officials recommended the government approve the deal. Partly because they had assessed that "risk mitigation measures" were in place, but mostly because the navy urgently needed a support ship for faraway operations.
The court documents, none of which have been filed as exhibits or tested in court, include RCMP interviews with civil servants that suggest politicians' desire for votes in Quebec also played a role in the decisions about the ship. But the navy's need for the vessel was real.
The navy at the time had just retired its 50-year-old support ships and while replacements are being built in Vancouver through the government's national shipbuilding plan, numerous delays and problems mean they won't be ready until the 2020s.
The navy had originally expected to get new support ships in 2012.
The briefing note said a competition could have been held to find another, perhaps cheaper, solution, but "a competitive process would take longer to deliver a solution — likely 10-14 months for a contract award, and then more time for the service to be ready."
RCMP interviews with several senior civil servants raise similar concerns about awarding a contract to Davie without a competition while also alluding to the sense of urgency in getting new support ships.
The Defence Department's head of procurement, Patrick Finn, told the Mounties that other companies were clamouring to compete to supply a temporary support ship in late 2014, and that "the information existed to say that this could be done competitively."
But Finn noted that Davie had already found a ship that it could convert for the navy, which "at that point had no replenishment ships."
Melissa Burke, an analyst with the Privy Council Office who attended various cabinet meetings about Davie's proposal in 2015, told the RCMP that federal procurement officials were unhappy because "they felt the taxpayers were getting a raw deal."
September 17, 2024 | Local, Land
A plan to rebuild and modernize two dozen decommissioned Canadian light armoured vehicles for donation to Ukraine is stuck in bureaucratic limbo more than nine months after the defence department handed the vehicles over to an Ontario company that specializes in restoration, CBC News has learned.
December 9, 2021 | Local, Aerospace
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January 16, 2019 | Local, Naval
HONG KONG, Jan. 15, 2019 /CNW/ - Seaspan Corporation (NYSE: SSW) ("Seaspan") announced today the closing of the second tranche of the $1 billion aggregate investment commitment by Fairfax Financial Holdings Limited and its affiliates (collectively, "Fairfax") in Seaspan. As with Fairfax's initial $500 million investment in Seaspan, and pursuant to definitive agreements entered into on March 13, 2018 and announced on March 14, 2018, this second tranche of funding (the "Second Fairfax Investment") is structured as a $250 million issuance of (i) 5.50% senior notes due 2026 and (ii) approximately 38.46 million warrants (the "2019 Warrants"). Pursuant to a definitive agreement entered into and announced on May 31, 2018, Fairfax has agreed to immediately exercise the 2019 Warrants at an exercise price of $6.50per warrant, for additional equity proceeds to Seaspan of $250 million. As a result, Seaspan's aggregate proceeds from the Second Fairfax Investment will be $500 million. This brings Fairfax's total investment in Seaspan to $1 billion, the proceeds of which will be used to fund future growth initiatives, repay debt and for general corporate purposes. With the closing of the Second Fairfax Investment, Fairfax's aggregate shareholdings in Seaspan are 76.9 million Class A common shares or approximately 36% of shares outstanding. Fairfax continues to hold the 25 million seven year warrants, with an exercise price of $8.05, which were issued to it on July 16, 2018. Summary of Fairfax Investments1 Investment Date Issued/Exercised Proceeds to Seaspan 2025 Notes February 14, 2018 $250 million 2018 Warrants July 16, 2018 $250 million 2026 Notes January 15, 2019 $250 million 2019 Warrants January 15, 2019 $250 million 1 Does not include the 25 million seven year warrants outstanding as of the date hereof David Sokol, Chairman of Seaspan Corporation commented, "The closing of this follow-on Fairfax investment bolsters Seaspan's balance sheet for the future. Seaspan's management team and Board of Directors are proud to continue building upon the strong partnership created with Fairfax. This additional investment will enhance Seaspan's ability to execute on our long-term goals of deleveraging, strengthening our balance sheet, and creating value through disciplined and thoughtful capital allocation." Prem Watsa, Chairman and Chief Executive Officer of Fairfax said, "With the closing of this investment, we are excited to expand our partnership with Seaspan, which now represents one of Fairfax's largest investments." About Seaspan Seaspan is a leading independent charter owner and operator of containerships with industry leading ship management services. We charter our vessels primarily pursuant to long-term, fixed-rate, time charters to the world's largest container shipping liners. Seaspan's operating fleet consists of 112 containerships with a total capacity of more than 900,000 TEU, an average age of approximately 6 years and an average remaining lease period of approximately 4 years, on a TEU-weighted basis. Seaspan has the following securities listed on The New York Stock Exchange: Symbol: Description: SSW Class A common shares SSW PR D Series D preferred shares SSW PR E Series E preferred shares SSW PR G Series G preferred shares SSW PR H Series H preferred shares SSW PR I Series I preferred shares SSWN 6.375% senior unsecured notes due 2019 SSWA 7.125% senior unsecured notes due 2027 SSW25 5.500% senior notes due 2025 About Fairfax Financial Holdings Limited Fairfax is a holding company which, through its subsidiaries, is engaged in property and casualty insurance and reinsurance and investment management. Investor Inquiries: Mr. Matt Borys Investor Relations Seaspan Corporation Tel. +1-778-328-5340 Email: mborys@seaspanltd.ca SOURCE Seaspan Corporation https://www.newswire.ca/news-releases/seaspan-announces-closing-of-second-500-million-investment-by-fairfax-financial-holdings-limited-848167000.html