24 septembre 2019 | Local, Aérospatial, Naval, Terrestre, C4ISR, Sécurité
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
22 septembre 2022 | Local, Aérospatial
The campus, to be called De Havilland Field, will feature an aircraft assembly facility, parts manufacturing and distribution centers, a maintenance repair and overhaul center, a runway, educational space to train a future workforce, and much more.
18 octobre 2018 | Local, Naval
OTTAWA — Canada's most expensive military project is entering a critical new phase as the government is on the verge of picking its top design for the country's $60-billion fleet of new warships. Defence insiders say the government wants to select a design by the end of the month from among three options submitted by several of the largest defence and shipbuilding companies in the world. After that the government and Halifax-based Irving Shipbuilding, which will actually build the 15 new warships, will sit down with the selected bidder to hammer out the final cost and other details. The stakes will be high for both sides, with hundreds of millions of dollars in play. There will also be pressure to make up for lost time on a project already running behind schedule even though whatever decisions are taken could have ramifications on the navy — and taxpayers — for decades to come. "That's part of the tension between moving quickly and making the right choice," said defence analyst David Perry of the Canadian Global Affairs Institute. The new warships will replace the navy's 12 frigates and three destroyers, the latter of which have already been retired. They will be used for most of this century. Launched in late 2016, the design competition has been the subject of rampant lobbying and complaints by defence industry players, with numerous revisions to the original request for bids and several deadline extensions. That was despite defence officials and Irving having previously warned that time is of the essence when it comes to starting construction, and that they want to shave 18 to 24 months off the project. There have also been questions about Irving's role in the competition, and anger from some companies that British firm BAE was allowed to enter its Type 26 vessel despite the ship having never been built. BAE and U.S.-based defence giant Lockheed Martin partnered together to propose the Type 26 for the design competition, which is up against separate proposals from Dutch firm Alion and Spanish shipbuilder Navantia. A joint French-Italian design was disqualified because Paris-based Naval Group and Italian firm Fincantieri, who promised to build the warships faster and for less than anyone else, did not follow the established process for submitting proposals. One of the big questions heading into the negotiations will be how much the selected design needs to be changed to reflect the navy's needs and how much the navy will have to shift its requirements because changing the design will take more time and money. Irving has warned that it could be forced to lay off hundreds of employees because of a production gap if work on the warships isn't ready to start by the time it finishes building the navy's new Arctic patrol ships in 2021 or 2022. Government negotiators are also facing a battle over the amount of intellectual property that the top bidder will be required to hand over, which Ottawa wants so it can operate and maintain the vessels on its own after they are built. Companies had originally been told that the winner would be required to turn over the full blueprints, but after significant resistance, the two sides agreed that the matter would be negotiated before a contract is awarded. The government however warned that if the winning ship designer drives too hard a bargain on the intellectual property front they face the risk of officials pulling the plug on talks and moving on to the next company. Perry said that while there are many challenges ahead before a deal for a design is signed — and before any of the new warships actually get into the water — this is a critical step forward. "You can't dance until you pick a dance partner," he said. — Follow @leeberthiaume on Twitter. Lee Berthiaume, The Canadian Press https://www.thechronicleherald.ca/news/canada/feds-aiming-to-select-preferred-design-for-60b-warships-by-end-of-month-250594/
30 juillet 2018 | Local, Naval
by Beth Maundrill in London With final proposals submitted for the Canadian Surface Combatant (CSC) project, the Lockheed Martin-led Combat Ship Team is bullish about the prospects of another Type 26 win. Specifically the company has highlighted that with three Commonwealth and Five Eye member nations potentially operating the same vessel could bring great benefits ... https://www.shephardmedia.com/news/imps-news/five-eyes-ship-horizon/