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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

  • Canada is acquiring a new fleet of 88, state-of-the-art F-35 fighter jets

    January 9, 2023 | Local, Aerospace

    Canada is acquiring a new fleet of 88, state-of-the-art F-35 fighter jets

    Speech Good morning everyone. Bonjour. I am joining you from the traditional territory of the Mississaugas of the Credit First Nation, the Huron-Wendat and the Haudenosaunee. In 2017, we launched an open, fair and transparent competition for the permanent replacement of Canada’s fighter fleet. We did so because we are determined to provide our aviators with the best and most advanced equipment available, and thus acquire the right aircraft at the right price for Canadians. As our world grows darker, with Russia’s illegal and unjustifiable attack on Ukraine, and China’s increasingly assertive behavior in the Indo-Pacific, this project has taken on heightened significance – especially given the importance of interoperability with our allies. Public Services and Procurement Canada has arrived at the culmination of its robust, seven-step process to procure a new fleet of fighter jets for Canada. Today I am announcing that Canada is acquiring a new fleet of eighty-eight, state-of-the-art F-35 fighter jets, through an agreement that we have finalized with the United States government and Lockheed Martin with Pratt and Whitney. This investment is estimated at nineteen billion dollars – making it the largest investment in our Royal Canadian Air Force in thirty years. I am here to announce that Canada will procure a new fleet of eighty‑eight F-35 fighter jets, through an agreement that we have finalized with the United States government and Lockheed Martin with Pratt and Whitney. This investment is estimated at nineteen billion dollars – making it the largest investment in our Royal Canadian Air Force in thirty years. This acquisition will occur with funding set out in our 2017 defence policy, Strong, Secure, Engaged, and delivers on our commitment to ensure that our Air Force has the equipment needed to protect Canadians. The F-35 is a modern, reliable, and agile fighter aircraft used by our closest allies in missions across the globe. It is the most advanced fighter on the market, and it is the right aircraft for Canada. The F-35 provides pilots with enhanced intelligence; surveillance; and reconnaissance capabilities, greatly improving their situational awareness and survivability in today’s high-threat operational environment. Canada’s new fleet of 88 jets is being acquired in tranches – starting with an initial tranche of 16. We expect: the first four aircraft to be delivered in 2026, the next six in 2027, and the next six in 2028, with the full fleet to arrive in time to enable the phase out of the CF-18s by the end of 2032. As we move towards a new fleet, we are ensuring that our Air Force has the aircraft needed to protect Canada in the interim. We have procured Australian F-18s to supplement our existing fleet of CF-18 aircraft, which are also being upgraded under the Hornet Extension Project.  These two initiatives will help extend the life of our CF-18 fleet to 2032, and will allow for a gradual transition from the CF-18 to the F-35 – while ensuring that the RCAF is equipped to sustain key defence missions in North America and internationally. By acquiring this fleet, we are enhancing Canada’s capacities in our airspace, and ensuring a closer and more seamless coordination with our allies. The new fighter fleet will ensure Canada can meet its military obligations at home and deliver on its commitments under NORAD and NATO. This $19 billion investment includes not just aircraft, but also sustainment set-up and services for the aircraft, associated aircraft equipment, and the construction of modern fighter squadron facilities in Bagotville, Quebec, and Cold Lake, Alberta. This $19 billion investment includes not just aircraft, but also sustainment set-up and services for the aircraft, associated aircraft equipment, and the construction of modern fighter squadron facilities in Bagotville, Quebec and Cold Lake, Alberta. These facilities will be home to both operational and training Squadrons, and will include space for daily operations, maintenance, administration, mission planning, and simulator training in support of the entire fleet. At the same time, and under separate, previously-announced funding, we’re moving forward with investments through our NORAD Modernization Plan, including a range of infrastructure upgrades across Canada to support NORAD and F-35 operations. Together, these projects will sharpen our military edge to keep Canadians safe – and they will create economic opportunities for our country. The acquisition and initial maintenance of the F-35 has the potential to contribute over 425 million dollars annually to the Canadian economy and close to 3,300 jobs annually for Canadian industry over a 25-year period.  In fact, Canada’s participation in the Joint Strike Fighter program over the past number of years has already allowed companies in Canada to secure almost three billion USD in contracts, and this will grow. Standing back, approximately three thousand F-35s are forecast to be produced for partners and allies across the world – and every one of these jets will also include Canadian components – from landing gear parts, to engine parts, to software – making the F-35 a testament to Canada’s world-class aerospace and defence industry. Our industry will also be well positioned to participate in the substantial maintenance opportunities of both the Canadian and global fleets. In the future, we will continue to work closely with our industry partners to provide the most up-to-date information on the opportunities available to our workers and our businesses. This includes  Indigenous and Northern businesses. As global tensions rise, we will never waver in our commitment to keep Canadians safe. We’re committed to making the necessary investments to protect Canada – and today’s announcement is evidence of this resolve. The F-35 advanced fighter aircraft fleet will ensure that our aviators have the long-term ability to defend the second largest airspace in the world. It will help us to meet our NORAD and NATO commitments. And it will also deliver concrete economic benefits to Canada. To the aviators of the Royal Canadian Air Force and the entire Canadian Armed Forces: thank you for your service and devotion to Canada. You risk your lives for this country, and we will ensure that you have the top-of-the-line equipment that you need to keep Canada safe. I confirm today that Canada is acquiring the best fighter aircraft on the market at the best price for Canadians. I would like to thank everyone who played a role in carrying out this purchase. Thank you, merci, miigwetch. https://www.canada.ca/en/department-national-defence/news/2023/01/announcement-regarding-the-f-35-acquisition.html

  • Canada buying gasoline, sniper rifles and radios for Ukraine | CBC News

    April 21, 2023 | Local, Land

    Canada buying gasoline, sniper rifles and radios for Ukraine | CBC News

    Canada is buying gasoline and sniper rifles for Ukraine ? part of the?latest military assistance package announced Friday?by Defence Minister Anita Anand at a meeting of allies in Europe.

  • Industry, government, and law enforcement have a responsibility to work together to protect aircraft and airports from drones

    January 30, 2019 | Local, Aerospace

    Industry, government, and law enforcement have a responsibility to work together to protect aircraft and airports from drones

    New Advisory Bulletin on drone-related disruption to aircraft operations published Montreal, 28 January 2019 – Airports Council International (ACI) World has today published an Advisory Bulletin to help airports address the risks posed by drone-related disruption to aircraft operations. ACI World believes that, while regulators and police will likely be the authority in addressing both enforcement and the preparation of anti-drone measures, all industry stakeholders must work with the relevant agencies to take action to protect the safety of aircraft operations. The recent disruption caused by the reported drone sightings at London Gatwick Airport – and recent temporary cessation of some operations at London Heathrow Airport and Newark Liberty International Airport following reported sightings of a drone – are the most widely-publicised of a series of incidents which have created debate about the best approach to preparing for – and dealing with – drone-related issues. ACI's latest Advisory Bulletin proposes that airports lead the discussion and work closely with national authorities and local law enforcement agencies to develop a risk-based approach to dealing with the risks of drone incursions. This approach should take into account the impact on aircraft operations and available mitigation measures including anti-drone actions. “The recent drone-related disruption at airports in Europe, and their potential impact on airport safety and operations, have raised significant questions for airport operators around the world on their preparedness to handle situations like this,” ACI World Director General Angela Gittens said. “The highest authority for enforcement activities and initiating anti-drone measures will clearly be the relevant national authority, such as the Civil Aviation Authority in the case of the UK, and local law enforcement agencies. “It is incumbent on all industry stakeholders, however, to take action to protect the safety of aircraft operations in coordination with these agencies. Airport operators should be aware of national laws and regulations pertaining to drones, with an understanding that these may reside outside of civil aviation.” The Advisory Bulletin lays out actions that an airport could take to lead the discussion with governments, regulators and law enforcement agencies to strengthen anti-drone measures and mitigations; they include: Coordinating with national authorities on the creation of bylaws governing the operation of drones in the vicinity of the airport Identifying geographic boundaries of “No Drone Zones” (no fly zones for drones) on and in the vicinity of the airport, especially approach and take-off flight paths Coordinating with authorities on regulations and obtaining guidance on the requirements for airports to implement anti-drone technologies Reviewing its assessment of the security risks associated with the malicious use of drones as part of the airport Security Risk Assessment Establishing means to suppress/neutralize unauthorized drones within the airport boundary especially adjacent to runways and flight paths, and agreeing which agency is responsible for areas outside the airport boundary or not on the airport operator Ensuring that any new anti-drone measures do not create unintended safety hazards and unmitigated risks to other manned aircraft, authorized drones and aviation infrastructures, and Establishing a Concept of Operations and Standard Operating Procedure for anti-drone measures based on advice from the national authorities. ACI World has requested that members share their experience and lessons learnt on anti-drone measures and drone related incidents so that relevant practices can be adopted across the industry. Notes for editors Airports Council International (ACI), the trade association of the world's airports, was founded in 1991 with the objective of fostering cooperation among its member airports and other partners in world aviation, including the International Civil Aviation Organization, the International Air Transport Association and the Civil Air Navigation Services Organization. In representing the best interests of airports during key phases of policy development, ACI makes a significant contribution toward ensuring a global air transport system that is safe, secure, efficient and environmentally sustainable. As of January 2019, ACI serves 646 members, operating 1,960 airports in 176 countries. ACI World's Advisory Bulletin – Airport preparedness – Drone related disruption to aircraft operations – has now been published. ACI has issued an Advisory Bulletin in July 2016 and a Policy Paper on Drones in July 2018. https://aci.aero/news/2019/01/28/industry-government-and-law-enforcement-have-a-responsibility-to-work-together-to-protect-aircraft-and-airports-from-drones/

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