September 24, 2019 | Local, Aerospace, Naval, Land, C4ISR, Security

Want to Win Government Business? Don’t be too ‘Commercial-Centric’

Governments may be open for business, but that doesn't mean doing business with a government is necessarily easy. Government procurement is complex - this is not by happenstance. The rules on public procurement stem from a number of sources including law (trade agreements, the common law and legislation) and policy. It can be a painful and costly learning curve for companies that want to sell goods and services to the country's largest buyers if they don't understand the rules.

Government decision-makers are answerable to a very wide range of stakeholders, including the Canadian voters who put them in office and the Canadian taxpayers who fund their operations. In a public procurement, it's not just about getting the best deal – it is also about meeting the broader public interest and achieving long-term policy objectives.

The Goal is to Promote Fairness

Competition is the rule in public procurement because it offers a fair, open and transparent environment, and meets the public objective that all potential suppliers get a fair kick at the can to sell to government. This is important when you consider that, for example, the Department of National Defence is the largest Canadian purchaser of goods and services from the Canadian defence industry.

Canada has implemented several trade agreements in the past few years, including the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and the Canadian Free Trade Agreement (CFTA) (which replaced the Agreement on Internal Trade (AIT)). Understanding how these agreements impact procurement is even more important for suppliers and their federal, provincial and territorial government customers, as well as for the municipal, academic, school and hospital (MASH) sector which may now be subject to trade agreements for the first time or subject to additional or new rules brought about by these new trade agreements.

Prepare your RFP Response Team for a Long Haul

Businesses must understand the processes that come into play in public procurements, such as the need to resource their RFP response team for a long period of time or the impact of failing to meet mandatory RFP requirements (disqualification from the procurement process).

Learning to manage the length of time it takes to progress through a procurement cycle, and to navigate the processes, is a big challenge. In business, relationships matter, but developing a good working relationship with key decision makers in government departments or agencies can be difficult since government tends to have greater workforce mobility and people change in and out of roles frequently. Further, dealing with government means complying with lobbying law and conflict of interest rules. In many jurisdictions, discussions about procurement requirements outside of public solicitation processes is considered lobbying, as it is attempting to sell products or services to the government. Conflict of interest rules may also preclude certain people from doing business with government officials.

Approaching public procurement with a "commercial-centric" view often leads to frustration. The federal government does understand "how business works," but there are still many aspects of a public procurement that are not (and cannot be) commercially focused, including those related to complying with applicable trade agreements, protecting the public interest, and serving policy objectives such as regional development and economic diversification. Companies participating in a public sector procurement process face unique compliance requirements that don't come into play with a typical private commercial transaction.

Expect Heightened Security Requirements

With the increasing attention being paid to cybersecurity and data protection, companies will find they are now subject to more stringent security requirements, including an increased requirement for product functionality and security control disclosure in advance of their products or services being accepted by government buyers. This level of disclosure can extend through to greater access to the underlying technology used so that the customer itself can test for, and understand, cyber-threat vulnerabilities.

Whether this is your first foray into the world of government procurement – and you need to understand the rules of public procurement so that you can properly understand the RFP documents and the plethora of government policies – or you have a broader interest focused on influencing government policy and direction as it relates to your business or your industry, knowing how to best position your organization to take advantage of both possible routes is critical to a successful government procurement business. Waiting until you have lost a bid is too late to effect a change for your organization's benefit.

Be Proactive with the Right Advice

Regardless of your focus, knowing how the system works and how to best advocate for your interests is a crucial and part of any successful business plan. Working with a legal team that has knowledge and experience in all of these areas and can assist with strategic planning and approach from start to finish is critical to success.

https://www.lexology.com/library/detail.aspx?g=4d2ced7d-7e1a-47f0-bf39-ced9b8a0b39d

On the same subject

July 27, 2020 | Local, Aerospace

These Companies Will Work on R2-D2-Like Drone Helper for Air Force Pilots
24 Jul 2020 Military.com | By Oriana Pawlyk Four defense companies have been selected to begin work on the U.S. Air Force's Skyborg program, which aims to pair artificial intelligence with a human piloting a fighter jet. The service chose Boeing Co., General Atomics Aeronautical Systems Inc., Kratos Unmanned Aerial Systems Inc., and Northrop Grumman Systems Corp. to move forward on the program; however, the companies will be competing for the indefinite-delivery, indefinite-quantity contract, estimated to be worth up to $400 million, according to an announcement. The autonomous Skyborg is intended for reusable unmanned aerial vehicles in a manned-unmanned teaming mission; the drones are considered "attritable," or cheap enough that they can be destroyed without significant cost. "Because autonomous systems can support missions that are too strenuous or dangerous for manned crews, Skyborg can increase capability significantly and be a force multiplier for the Air Force," said Brig. Gen. Dale White, program executive officer for Fighters and Advanced Aircraft. White and Brig. Gen. Heather Pringle, commander of the Air Force Research Laboratory (AFRL), together lead the Skyborg program. "We have the opportunity to transform our warfighting capabilities and change the way we fight and the way we employ air power," White said in a release. "Autonomy technologies in Skyborg's portfolio will range from simple playbook algorithms to advanced team decision making and will include on-ramp opportunities for artificial intelligence technologies," added Pringle. "This effort will provide a foundational Government reference architecture for a family of layered, autonomous and open-architecture unmanned aerial [systems]." Skyborg is one of three initiatives in the service's Vanguard Program portfolio for rapid prototyping and development of new-age technologies it can leverage for multiple operations. The Vanguard program brings together the research lab and the Air Force Life Cycle Management Center to "quickly identify cutting-edge technology and transition directly into the hands of the warfighter," the release states. The Air Force launched the bidding process for Skyborg in May; it expects Skyborg's initial operation to be ready by the end of 2023. Dr. Will Roper, assistant secretary of the Air Force for acquisition, technology and logistics, first spoke of the Air Force Research Lab-led program last year. He told reporters during the 2019 McAleese Conference that, while it is reminiscent of the Air Force's proposed Loyal Wingman program to send out drones ahead of fighters to act as scouts, Skyborg will take the concept even further, with an AI plane that trains with its pilot, acting as a sidekick, rapidly thinking through problems and taking command if necessary. In short, it's R2-D2 from "Star Wars" in an aircraft of its very own, he said. "I might eventually decide, 'I want that AI in my own cockpit,'" Roper said. "So if something happened immediately, [the AI] could take hold, make choices in a way that [a pilot would] know because [a pilot has] trained with it." https://www.military.com/daily-news/2020/07/24/these-companies-will-work-r2-d2-drone-helper-air-force-pilots.html
February 26, 2021 | Local, Naval

PBO says mixed frigate fleet and other designs offer cheaper options to navy program | CBC News
The Parliamentary Budget Office says the projected cost of building the Canadian navy's new combat fleet is rising and could hit $77 billion. The watchdog released a new report that looks at alternate designs and a mixed fleet — ideas that could save taxpayers billions of dollars.
July 9, 2018 | Local, Land

What is 'the backbone' of the Canadian Army doing in a junk yard?
Colin Butler Even an expert in armoured fighting vehicles thinks it's a strange place to find what the Canadian Army calls "the backbone" of its combat vehicle fleet. "I'm surprised that vehicles of this importance and significance are being stored in a conventional steel breaker's yard," said Jon Hawkes, the Land Management Editor for military information publisher Jane's Information Group. "Typically they'd be in a military facility of some kind, even if it's sort of, you know, popped out in the back out of the way in the contractors own facility." "For them to be in this breaker's yard is not where I would expect them to be." "Them," in this case are the LAV III, the workhorse of the Canadian Army. You've likely seen them on television, either helping Canadians stricken by some natural disaster, such as the 2013 floods in Alberta, last year's floods in Quebec, or, maybe overseas, carrying our troops into hot zones in such places as Afghanistan and more recently Mali. What are these LAV IIIs doing in a junk yard? So what on Earth are they doing in the back lot of a junk yard? "I think it's interesting," John Hawke said. "You could read that two ways." "On one hand, these things are being quasi-dumped in a corner somewhere to be dealt with later and perhaps that's not caring for them in the best possible way. Although as I say, they're very hardy vehicles. I wouldn't necessarily fear for their status." "Alternatively you could say that someone somewhere is actually being quite smart in finding a very cost-effective solution for storing them for a period of time. I'd imagine it's not hugely expensive to put them wherever this is." Secretive contractors Except, no one working with these LAVs is willing to talk. CBC News first attempted to visit the site in person, but was told to leave the property by staff at the scrap yard. When contacted by phone, Matt Zubick, a member of the family that owns John Zubick's Limited said "I can't talk about that" before he hung up. Steph Bryson, a spokeswoman for General Dynamics Land Systems Canada, declined to comment, referring the question to the Department of National Defence. So why all the secrecy? No secret at all "I find that a bit amusing," said Daniel Le Bouthillier, the head of media relations for the Department of National Defence. "From our perspective, the work is hardly a secret." It turns out the work inside John Zubick's Limited has been happening for the better part of a decade. After Canadian troops deployed in Afghanistan, they quickly realized the army's fleet of LAV IIIs, which they've had since 1997, needed a few tweaks to give soldiers better protection against the Taliban insurgency. Those tweaks involved better armour, blast absorbing seats and other upgrades. However, the LAV IIIs were never designed to handle the extra weight, according to Le Bouthillier. "This additional weight meant more wear and tear and affected the vehicles' what they call 'full mobility potential.' So these upgrades that are happening now address all those issues." The upgrades are being done by London, Ont.-based military manufacturer General Dynamics Land Systems Canada as part of a $1.8 billion refitting and refurbishment program with the Canadian Armed Forces called LAVIIIUP, a deal that was first struck in 2010. The program will see all 550 Canadian-made LAV IIIs, getting new armour and new hulls in order to extend the life of the vehicles until the year 2035. "As part of that process, LAV III hulls, which were not designed to support the weight of upgrades are being sent to a scrap yard, taken apart and melted and this is done because these are considered controlled goods," Le Bouthillier said. "So what you're seeing in that scrap yard are parts that are not being harvested for the upgrades," he said. "These are not drive-in, drive-out full capability vehicles. These are just parts of them. They might look like full vehicles because they're so big. Especially when you look at them from above." The first batch of upgraded LAV IIIs were delivered to the military in 2012, with the delivery of the final batch expected next December. https://www.cbc.ca/news/canada/london/london-ontario-lav-1.4734920

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