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
4 février 2024 | Local, Terrestre
The federal Conservatives are demanding that the Liberal government donate to Ukraine tens of thousands of surplus air-to-ground rockets that are slated for disposal. But the weapons may not be ready for the field.
16 juillet 2019 | Local, Naval
The Canadian Government's Public Services and Procurement department has awarded a contract to Canadian Maritime Engineering to deliver four steel barges. The C$1.99m ($1.52m) contract was awarded on behalf of the Canadian Armed Forces to provide equipment for use by the nation's navy. The four steel barges will be supplied to Canadian Forces Base Esquimalt in British Columbia within 18 months from the contract award date. Under the contract, Canadian Maritime Engineering will also provide a complete technical data package and related training. The contract also includes an option to purchase spare parts. Canada Public Services and Procurement and Accessibility Minister Carla Qualtrough said: “Our government is providing the women and men of the Royal Canadian Navy with the equipment they need to do their important work. “This contract award is a prime example of the National Shipbuilding Strategy in action, providing meaningful opportunities for businesses and Canadians across Canada, and throughout British Columbia.” The steel barges will measure 12m-15m in length and have working decks of 75m². Set to replace six existing wooden barges, the planned steel barges will support maintenance work on the Canadian Navy's vessels. Canada Defence Minister Harjit Sajjan said: “Through our defence policy, ‘Strong, Secure, Engaged', we are providing the women and men of our Canadian Armed Forces with the equipment they need to do the important work we ask of them. “Barges are an essential part of the navy's fleet, and this contract for four steel barges will facilitate maintenance on its vessels to ensure the operational readiness of its fleet.” Under the National Shipbuilding Strategy (NSS), the government aims to renew the country's federal fleet of combat and non-combat vessels. The programme includes providing the Canadian Navy and Coast Guard with vessels. The government formed partnerships with Irving's Halifax Shipyard and Seaspan's Vancouver Shipyards for the NSS. https://www.naval-technology.com/news/canadas-esquimalt-navy-base-to-receive-four-steel-barges/
23 février 2018 | Local, Aérospatial
Canada's aviation and aerospace industries will play a key role in the creation of innovation superclusters similar to Silicon Valley. Air Canada and PAL Aerospace are among hundreds of companies involved in creating five superclusters across Canada, with a $950 million investment from the federal government that will be matched dollar-for-dollar by the private sector. “We think this is important for Canada,” said Catherine Dyer, chief information officer for Air Canada, in an interview with Skies. “We really view ourselves as a leader in this space, and to build capability in this part of the country, and more broadly for Canada, are two things that we think go very nicely together.” Air Canada will be part of the Quebec-based SCALE.AI supercluster, which aims to use artificial intelligence and robotics to build intelligent supply chains, making Canada a world-leading exporter. “Our hope around this is that it will help us become more efficient in how we deal in our operations excellence program, as well as in our cargo business,” said Dyer. “But from my perspective it has got probably further-reaching opportunities in terms of how we enable employees and customers in creating that Air Canada experience that we're all very focused on. “So most immediately it's going to be focused on the logistics components of our business. But we do believe that artificial intelligence, more generally, has got some fairly broad-reaching implications for our company.” Air Canada was a key player in creating the supercluster submission in late 2017 and sees its involvement as a step toward becoming a global leader in supply chain management. SCALE.AI includes 120 partners across Canada from a wide range of industries, including transportation, telecommunications, mining, food, and oil and gas. “We [Air Canada] would be looking at how we could use artificial intelligence to help us see things maybe we don't see when we're looking at it with human brains,” said Dyer. “That really is the purpose of artificial intelligence, is to take the collective wisdom of many people, and the computing power of machines, and apply it to the business problems that we have today.” Air Canada plans to use artificial intelligence to develop new tools that allow it to better manage cargo capacity, resulting in better customer service. “Timeliness is essential when shipping fresh products and employees will have better tools to forecast the need for space in temperature controlled facilities, facilitate tracking and ensure timely delivery,” said Isabelle Arthur, senior media relations manager for Air Canada, in a statement. “Air Canada already uses artificial intelligence in revenue management, to forecast aircraft maintenance, in marketing, in elevating customer experience and communications by partnering with government, universities in Toronto and Montreal to help Canada retake a leadership position.” PAL Aerospace will be part of the Ocean Supercluster in Atlantic Canada, which plans to use innovation to improve competitiveness in ocean-based industries like fisheries, oil and gas, and clean energy. The company will design and execute projects that encourage collaboration with other supercluster members, small and medium-sized enterprises (SMEs) and academic institutions, said Derek F. Scott, vice-president of program development for PAL Aerospace, in a statement to Skies. “We aim to use supercluster initiatives to advance our digitalization objectives in our modern ocean surveillance programs such as the ice management services we continue to provide the oil and gas industry today,” he said. “In addition, we intend to use the program to advance opportunities to strategically insert other entities such as SME companies into our solution and supply chain for our domestic and international customers.” He noted Canada has the longest coastline in the world, which spans some of the most challenging ocean environments, including the North Atlantic. “Innovation is a solution to challenge, and Canada has an ocean of opportunity to drive innovation into technologies and capabilities that contribute to Canada's economic growth, sustainability and export growth,” said Scott “PAL Aerospace is a leading example of how ocean innovation contributed to its success and the Ocean Supercluster initiative will now give us an opportunity to capitalize on that strength and create even more success for PAL Aerospace and for those companies and entities that work with us on the program.” Along with the SCALE.AI and Ocean superclusters, three others are planned: The Advanced Manufacturing Supercluster in Ontario, which aims to connect Canada's technology strengths to its manufacturing industry; The Protein Industries Supercluster, based in the Prairies, which intends to make Canada a leading source for plant proteins; and The Digital Technology Supercluster, based in British Columbia, which will use big data and digital technologies to unlock new potential in sectors like healthcare, forestry and manufacturing. More than 450 businesses, 60 post-secondary institutions and 180 other participants are involved in the five supercluster initiatives, according to a government news release. It's expected the superclusters will create 50,000 middle-class jobs and grow Canada's economy by $50 billion over the next 10 years. https://www.skiesmag.com/news/silicon-valley-style-innovation-clusters-include-aviation-companies/