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Canadian Commercial Corporation The Government of Canada International Contracting and Procurement Agency Briefing to Industry Supplier(s) Version 5.2 Overview • Established in 1946 • Export sales agency, a Government of Canada Crown Corporation Reports to the Minister for International Trade • The contracts signed in the name of CCC have the same legal effect as those signed in the name of the Government of Canada • Mandated to “assist in the development of trade between Canada and other Nations” 2 Government & Industry Partners • DND – entrées into certain markets and opportunities joint procurement, international cooperation, military attachés • DFATD – frontline service and in-country intelligence Trade Commissioner Service (TCS), Geographic Desks, Defence and Security Advisory Board, Export Controls • PWGSC – support services Industrial Security • Export Development Canada (EDC) export finance and insurance products • Industry Canada (IC) Industrial Technical Benefits (ITB) program • CADSI, AIAC and Regional Sector Associations • Canadian Industry 3 CCC’s Business Lines International Commercial Business Other Services DPSA U.S. DoD & NASA Procurement for Other Government Departments Global Defence & Security Sector Activity Aerospace Defence and Security Consumer goods and services Energy and Power 5 Education & Health Infrastructure Engineering Services & Construction Transportation Typical Roles • CCC brings international buyers and Canadian exporters together through contracts that offer the best possible terms and conditions Prime Contractor to International Buyer • Guarantee contract performance according to the terms and conditions of the contract • Contracts with qualified Canadian supplier – Typically directed contract to pre-qualified supplier Procurement Service • Acts as a procurement agent to procure Canadian goods and/or services for foreign buyers and/or OGD’s • Competitive solicitations for qualified suppliers Prime Contractor Service Prime Contractor Government of Canada Government-to-Government Contract Domestic Contract 7 Canadian Supplier Contract Structure Foreign Government Prime Contractor Basis Govt-to-Govt Agreement Procurement Services Basis Financing Or Or Export Development Canada CCC Other Financial Instituions Or Canadian Supplier/Team Other Commercial Financial Instituions Sub Suppliers Local Sub Suppliers Foreign Material & Services Local Construction & Material & Serivices International Government or Qualified Buyer US DoD versus International “No Cost to the Buyer” versus “CCC Costs” US DoD • In 1956, the Canada-U.S. defence materiel acquisition relationship was formalized as the Defence Production Sharing Agreement (DPSA) whereby: CCC acts as Prime Contractor for U.S. DoD purchases in Canada. • For contracts over $150K in value Canadian industry is given a fair opportunity to compete with U.S. industry for U.S. DoD requirements (DFARS 225.870). CCC ensures timely payments to suppliers • Mitigates supplier cash flow risks. CCC provides (at no cost to the U.S. DoD or to Canadian firms): • “fair and reasonable” price certification; and • contract and management services. • CCC is funded by Parliament for DPSA work Other than the U.S. DoD • CCC is expected to be financially “self-sustaining” • Pre-Contract award Service Agreement is Needed • Think of it as the legal document that governs our relationship up to the point of a contract award Due Diligence Questionnaire must be completed and approved CCC labour costs are complimentary (in this phase) Supplier covers Travel & Living costs for meetings where the supplier requests CCC presence • Remember to include all costs in customer quotations Including CCC costs • Post-Contract Award CCC must earn revenue to cover costs: • Legal, Financial, Contract Management, Travel & Living, Overheads and contribution to “contingency reserve” Working with CCC What we look for Eligibility Consideration • Experienced Exporter • Are selling a proven product or service • Have been in business for more than 3 years • Are in good financial standing and your annual revenue is in line with the value of the project being pursued • Ethical business practices When to Contact Us • You suspect or know that the Buyer prefers a Government to Government (G2G) contracting mechanism • Where jurisdictions permit sole-source purchases on a G2G basis • The Buyer lacks procurement capacity • Credible and transparent procurement process • To protect the supplier and/or the buyer • If you have concerns about getting paid • Government has infrastructure needs and wants access to proven Canadian suppliers Points to Remember • Managerial, Technical and Financial CCC may not support a specific deal if deemed too risky • No guarantee that the buyer will pay, however: CCC invoices are normally paid Supplier invoices are normally paid • Qualified agent/in-country representative costs accepted • CCC contracts for “off-the-shelf” and/or “customized” solutions Points to Remember • Formal Agreements between Canada and the Buying country may offer advantages Free Trade Agreement Cooperation agreements between Ministries of Defence • CCC involvement may result in waiving of performance bonds, etc Because of the sovereign guarantee of the Government of Canada • CCC is relatively inexpensive; but, outside of the DPSA, is not free. • Projects that include “infrastructure” need additional approvals depending on the value: CCC Board Of Directors and the Ministry of Finance and/or the Treasury Board of Canada Working with CCC What’s in it for the Buyer and/or the Supplier The Challenges of International Pursuits • Current Financial Situation worldwide Increased Competition Currency fluctuations • Political desire to support domestic economy and suppliers • Occasional Buyer requirement for rapid procurements • Transparency Additional Challenges • International risks: • • • • • • • Terms and Conditions Legal Jurisdiction Performance Bonds, etc. Getting Paid Offset Policies / Desires Reputational / CSR Many stakeholders that need to be accommodated • Tax Authority, Border Security The “Hope” The Result Buyer’s Challenges • • • • Internal Processes Transparency Project Management Funding • “Colour of money” • Availability in FY • Decision Authority Stakeholder Alignment Buyer’s Options Direct US Foreign Commercial Sale Military Sales (FMS) Government of Canada (CCC) Time to Contract Several months / years Several months / years Few weeks / months Contractor Oversight Buyer US DoD CCC Project Risk Buyer US DoD CCC Tailored solutions Yes No or Limited Yes Payment As per contract In Advance Negotiable Management Fees Separate budget Yes Yes (least expensive) Yes Yes Expiring Funds Benefits to International Buyers Guarantee of contract performance according to the terms and conditions of the contract Provides access to Canadian capability Performs due diligence on the supplier prior to entering into the contract Offers tailored contracting and procurement solutions to meet the buyer’s requirements Supplier Benefits Needs CCC Involvement Competitive Edge • Guarantee of contract performance to buyer (according to the terms and conditions of the contract) increases your / Higher credibility Probability of Contract Award • May allow buyers to eliminate/shorten tender (Pwin) processes, reduce their costs, increase speed • A transparent process for foreign buyers • Can encourage lenders to finance a project •Increases access to international buyers and to in-country Embassy staff Supplier Benefits Needs CCC Involvement Increase sales • May permit direct contracting • Joint marketing program – we can approach buyers together Risk Mitigation • Govt of Canada is with you in all contract discussions, which means: Reduced payment risk Reduced project risk Reduced corruption risk “P win” Your Win Probability Assessment . . . takes into account the importance of each possible approach to a business pursuit … • Prime versus Subcontractor • Competitive Tender • Limited Tender • Sole Source Competitive Tender >>> Sole Source Working with CCC The Procurement Option That MAY be The Optimal Pwin and Minimal Risk Structure For the Buyer and the Supplier Important Notes Important Notes • CCC has executed contracts with individual values ranging from $72K to in excess of $14B • The CCC “Fee” is intended to cover the CCC costs related to the negotiation and management of the contract • The CCC involvement mitigates many risks for the Buyer and the Supplier • CCC cannot guarantee the payment of supplier invoices CCC is, however, normally able to secure payment from the Buyer (and ensure that the supplier is paid) Occasionally, a supplier will be advised to get receivable insurance Important Notes • CCC needs to contract with a Canadian Supplier as our Domestic Prime Contractor The industry team can include international sub-contractors • CCC does require “reasonable” Canadian content • CCC has been deliberately structured by the Government of Canada to be “non-bureaucratic”, fast acting and flexible • CCC is not allowed to provide financing and/or insurance These are provided by entities like EDC and/or financial institutions • The Supplier is responsible as the primary lead for the Marketing and Business Development Contact Information 350 Albert Street, 7th Floor Ottawa, Ontario Canada, K1A 0S6 Toll-free in Canada/ 1-800-748-8191 www.ccc.ca Stan Jacobson Director, Global Defence and Security Sales Tel: (613) 992-3528 E-mail: [email protected]