Government Gets OK to award $60B Shipbuilding Contract to Lockheed Martin Canada

By: David Pugliese, The National Post

A federal trade tribunal has rescinded its order preventing the federal government from awarding a contract to Lockheed Martin Canada for a new fleet of warships for the Canadian navy.

The Canadian International Trade Tribunal ordered the government on Nov. 27 to postpone the awarding of the contract for the $60 billion Canadian Surface Combatant project while it investigated claims that Lockheed Martin’s proposed vessel doesn’t meet the military’s needs.

The firm is offering Canada the Type 26 warship designed by BAE in the United Kingdom.

Alion, one of the companies that submitted a bid on the project, filed a complaint with the trade tribunal alleging the process was flawed and that BAE’s Type 26 can’t meet Canadian requirements. Alion has also filed a legal challenge in federal court, asking for a judicial review of the decision by Irving and the government to select the BAE design. Alion argues the Type 26 cannot meet the stated mandatory requirements, including speed, that Canada set out for the new warship, so it should be disqualified.

But on Monday the CITT lifted its order, even though it has determined it will examine the Alion complaint. Mélanie Lalonde, CITT’s deputy director of communications, said Tuesday that the tribunal cannot comment on ongoing proceedings.

A delay in awarding contracts would be contrary to the public interest

But the decision came after Andre Fillion, an assistant deputy minister at Public Services and Procurement Canada, wrote to request the order be removed. He noted that “the procurement of goods and services to which the Alion Complaint pertains is urgent, and that a delay in awarding contracts would be contrary to the public interest.”

Alion’s legal team objected, noting that “no reasons, nor any justifications, are provided to support this claim.”

The CSC program, the largest single government purchase in Canadian history, will see the eventual construction of 15 warships at Irving Shipbuilding in Halifax. Lockheed Martin Canada says the Type 26 will meet all of Canada’s requirements. The government hopes to be in a position to have a contract ready for signature by early next year.

The Irving Shipbuilding facility is seen in Halifax on June 14, 2018. Andrew Vaughan/The Canadian Press

The CITT hearings into the Alion complaint could take as long as 90 days.

Alion had offered Canada the Dutch De Zeven Provinciën Air Defence and Command frigate, which the firm says meets all of Canada’s requirements. It also noted in its court application that the requirements and other parameters of the surface combatant project were altered 88 times during the process and that the changes diluted the requirements for a new warship, allowing the government and Irving to pick “an unproven design platform.”

The entry of the BAE Type 26 warship in the competition was controversial from the start. Previously, the government had said only mature existing designs or designs of ships already in service with other navies would be accepted for the bidding process, on the grounds they could be built faster and would be less risky — unproven designs can face challenges as problems are found once the vessel is in the water and operating.

But that criteria was changed and the Liberal government and Irving accepted the BAE design in the process, though at the time it existed only on the drawing board. Construction began on the first Type 26 frigate in the summer of 2017 for Britain’s Royal Navy, but it has not been completed.

Company claims about what the Type 26 ship can do, including how fast it can go, are based on simulations or projections.

The two other bidders in the surface combatant program have ships actually in service with other navies so their capabilities are known.

CSC Fleet In Limbo as Trade Tribunal Investigates Alion Claims

By: Murray Brewster, CBC News 

The federal government's plan to award a group of companies led by Lockheed Martin Canada the contract to design and support the construction of the Navy's new frigates was dealt another setback late Tuesday by the Canadian International Trade Tribunal, CBC News has learned.

The agency said it intends to investigate a complaint by one of the other bidders, Alion Science and Technology Corp., and its subsidiary Alion Canada.

The tribunal ordered the Liberal government to suspend negotiations with Lockheed Martin, which was selected last month by Public Services and Procurement Canada as the preferred bidder on the $60 billion program.

An artist's rendering of the British Type 26 frigate, which Lockheed Martin submitted for consideration as the replacement for Canada's patrol frigates. (BAE Systems Inc./Lockheed Martin Canada)

"You are hereby ordered to postpone the award of any contract in connection with the above-mentioned procurement until the Canadian International Trade Tribunal determines the validity of the complaint," said a copy of the letter that was obtained late Tuesday by CBC News.

Alion asked the CITT last week to investigate the procurement deal, saying the preferred warship design will need substantial changes and that it doesn't meet the Navy's requirements as spelt out in the government tender.

Last week, the company asked the Federal Court in a separate filing for a judicial review of the long-awaited decision.

Three companies were in the running to design the next generation of warships to replace the navy's aging Halifax-class frigates. Navantia, a Spanish-based company, was the other bidder in the competition.

Alion proposed its De Zeven Provinciën Air Defence and Command (LCF) frigate, a Dutch-designed warship, for the Canadian competition. The ship is already in service in other countries.

No one from the trade tribunal, nor the federal government was immediately available for comment late Tuesday.

A program already behind schedule:

Experts had warned the trade challenge and the court case might delay the program, which is already behind schedule.

The design competition stretched for almost two years as public services officials and executives at the federal government's go-to shipyard for combat vessel construction, Irving Shipbuilding of Halifax, worked with bidders to ensure a fair competition and to avoid post-decision court fights.

Public Services and Procurement Canada declined to comment when the court challenge was launched last week. But a senior federal official, speaking on the background at the time, said the federal government has up to 20 days to respond in Federal Court.

The official — who was not authorized to speak on the record because of the sensitivity of the file — said there is flexibility built into the timeline and the government is optimistic it can meet its goal of an early 2019 contract signing.

The substance of the Alion complaint is that the Lockheed Martin Canada-led bid should have been disqualified from the outset because it allegedly doesn't meet the Navy's criteria in terms of speed and crew space.

The Liberal government said it wanted to go with a proven warship design, rather than starting from scratch because it would be faster and cheaper.

Alion Canada Sues Over Failed Canadian Surface Combatant Bid

By: Andrea Gunn, The Chronicle Herald
Alion Canada, one of the firms involved in the $60-billion dollar procurement of Canada’s new fleet of warships, has launched a Federal Court appeal to overturn a recent decision to select Lockheed Martin as the preferred bidder.

According to an application for judicial review filed in Ottawa on Friday, Alion Canada, a Nova Scotia-based wholly owned subsidiary of the U.S. parent company, is asking the court to prohibit the federal government and Irving Shipbuilding from entering into a contract with Lockheed Martin Canada on the grounds that Lockheed’s bid was non-compliant.

Last month, Public Services and Procurement Canada announced that after a lengthy, and sensitive competition, Lockheed Martin Canada was selected as the preferred bidder to design replacements for the navy’s frigate and destroyer fleets, beating out two other bids: Alion Canada, which offered up Dutch De Zeven Provinciën Class air defence and command frigate, and Navantia/SAAB’s design based on the F-105 anti-submarine frigate design for the Spanish navy.

But now Alion is alleging that the BAE Systems Type 26 Global Combat Ship design offered by Lockheed, which is currently also being constructed for the U.K. and Australian navies, is incapable of meeting three critical and mandatory requirements of the request for proposals that the firms crafted their bids around: two requirements concern the vessels’ speed, and one deals with the number of crew berths.

An artist's rendering of the Type 26 Global Combat Ship, Lockheed Martin's proposed design for Canada's $60-billion fleet of new warships. - BAE Systems Inc. / Lockheed Martin Canada

But now Alion is alleging that the BAE Systems Type 26 Global Combat Ship design offered by Lockheed, which is currently also being constructed for the U.K. and Australian navies, is incapable of meeting three critical and mandatory requirements of the request for proposals that the firms crafted their bids around: two requirements concern the vessels’ speed, and one deals with the number of crew berths.

“The RFP required (Public Services and Procurement Canada) and Irving to reject Lockheed’s bid because of its non-compliance,” the application reads.

Instead, the document says, the federal government and Halifax-based Irving Shipbuilding announced Lockheed as the preferred bidder and has entered into the conditions precedent period. This is the step immediately prior to awarding the definition subcontract between Irving, the prime contractor and shipbuilder, and Lockheed, the warship designer.

“(Alion) submitted a fully-compliant and conforming bid, at enormous expense, (and) expected that their bid, and the entire procurement process, would be administered in accordance with the terms and conditions in the RFP,” Alion says in the document.

“This was not the case and the applicants have been denied the fair treatment they were owed.”

As such, Alion is asking a federal court to set aside the decision to select Lockheed as the preferred bidder, and to prohibit the government from issuing the necessary approvals to award the Canadian Surface Combatant definition subcontract to Lockheed.

The respondents named in Alion’s application include Irving Shipbuilding, Lockheed Martin Canada, Navantia, SAAB Australia, and the Attorney General of Canada.

Alion’s legal actions come after months of rumblings and speculation from industry about bid-rigging: that the Type 26 was always the preferred ship of the Royal Canadian Navy, and that a number of amendments were made to the RFP to tailor it to Lockheed’s bid. These concerns centred around changes to the RFP that allowed Lockheed to offer a “paper” design that had not yet been in the water, even though Ottawa announced it was streamlining the National Shipbuilding Strategy back in 2016, axing plans for a fully Canadian designed ship and opting instead for a proven, off-the-shelf design to cut costs and mitigate risks.

The amendments, 88 in total, are referenced in Alion’s federal court application.

“While the RFP originally set out a requirement for a relatively mature and proven vessel platform, the amendments to the RFP effectively diluted the requirements and resulted in (PSPC) and Irving being able to accept an increasingly unproven vessel platform, like the one offered by Lockheed,” it reads.

David Perry, senior analyst with the Canadian Global Affairs Institute, told The Chronicle Herald he’s not surprised in the slightest that one of the other bidders is challenging the process in court.

“I mean there’s just far too much money and potential opportunity at stake for it not to be worth anyone’s while to at least try,” he said.

But, Perry said, he does find the premise of Alion’s appeal somewhat strange.

“(Alion) is basically saying that they know what (Lockheed) was able to substantiate better than either than the government/Irving did,” Perry said.

Large military procurements are a very technical and comprehensive process, and Perry said all requirements would have been laid out very clearly in the RFP. Bidders would have had to prove quite clearly to the teams evaluating the bids that they’re able to adequately meet all the requirements.

“Just to get to the point where Lockheed is right now they had to prove that they could do what Alion is saying they couldn’t,” he said.

Furthermore, Perry said it’s highly unlikely that anyone from Alion has managed to get their hands on a full copy of Lockheed’s bid. Because of the money on the line and the amount of incredibly sensitive corporate intelligence contained within a bid like this, Lockheed — one of the world’s biggest defence companies — would have guarded that information pretty closely.

“People in industry talk to each other a lot (and) have a good general idea of what others are doing, but as for if they have seen the bid, I would be astounded if that was the case.”

The Chronicle Herald reached out to Alion, Irving Shipbuilding Lockheed Martin Canada and and Public Services and Procurement Canada and all declined comment while the matter is before the courts.

Lockheed has responded to rumblings that it doesn’t meet all the RFP requirements in the past. In September, before they were announced as the preferred bidder, the Twitter account for the Lockheed/BAE team posted: “BAE System’s Type 26 meets all requirements in the CSC proposal, including speed.”

Both Irving and Public Services and Procurement Canada have expressed numerous times in response to concerns about the Canadian Surface Combatant competition that they are committed to a fair, open and transparent procurement process.

British firm BAE Selected for Canada’s $60B Warship Replacement Program

By: David Pugliese, The National Post 

The Canadian Surface Combatant project will see the Halifax-based Irving build 15 warships, which will form the backbone of the future Royal Canadian Navy.

Artists Rendition of an RCN BAE Type 26 Global Combat Ship. BAE Handout

The Canadian government has selected a consortium closely linked to Irving Shipbuilding to provide it with a new warship design for the most expensive defence project the country has ever seen.

Canada announced Friday it had chosen the Type 26 warship design by British defence firm BAE for the $60-billion program to replace the Royal Canadian Navy’s Halifax-class frigates. Lockheed Martin Canada is leading the BAE consortium and will be the prime contractor. The group’s win had been anticipated since 2016, however, after rival defence firms raised concerns that the competition had been rigged in favour of the British design.

The Canadian Surface Combatant project will see the Halifax-based Irving Shipbuilding build 15 warships, which will form the backbone of the future Royal Canadian Navy. It will be the largest and most complex procurement in Canadian history. However, it is seen as a major departure from previous procurement processes, as Irving is playing a significant role in selecting the winning design.

The previous federal procurement minister, Judy Foote, had said only mature existing designs or designs of ships already in service would be accepted for the bidding process, on the grounds they could be built faster and would be less risky — unproven designs can face challenges as problems are found once the vessel is in the water and operating. But the Liberal government and Irving accepted the BAE design into the process, though at the time it existed only on the drawing board. Construction began on the first Type 26 frigate in the summer of 2017 for Britain’s Royal Navy, but it has not yet been completed.
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Liberals reject warship proposal that companies said would save taxpayers as much as $32B

Both Irving and the federal government have insisted the procurement was being conducted in a way that ensures all bidders are treated equally, overseen by a fairness monitor with no unfair advantage given to any individual bidder. Nonetheless, while three consortiums submitted bids for the surface combatant program, several European shipbuilders decided against participating because of concerns about the fairness of the process. Others raised concerns about BAE’s closeness with the Halifax firm.


Last year a French-Italian consortium also declined to formally submit a bid and instead offered Canada a fleet of vessels at a fixed price. Officials with Fincantieri of Italy and Naval Group of France said they don’t believe the procurement process as it is currently designed will be successful. The federal government, however, rejected the deal.

The federal government had to remind Irving about the potential for conflict of interest when the firm joined forces with BAE in late 2016 to bid on a multi-billion dollar contract to provide maintenance and support for the navy’s new Arctic patrol and supply ships.

The Irving-BAE alliance was not successful in that bid, but it led the government to remind Irving it had an obligation to “ensure that the Canadian Surface Combatant competition is conducted in a manner that is free from real or perceived conflicts of interest,” according to February 2017 documents prepared for defence minister Harjit Sajjan and released to the Conservatives under the Access to Information law.

Andre Fillion, assistant deputy minister for defence and marine procurement at Public Services and Procurement Canada, said Friday’s decision is not a contract award. “It’s an important step to getting to contract award in the coming months,” he said.

Negotiations will now begin with Lockheed Martin. if negotiations proceed accordingly a contract is expected to be signed sometime between January and March 2019.

But Fillion said if there are issues with those negotiations and an agreement is not reached, the government will then turn to the next highest-ranked bidder. The government has declined to identify that firm, but the other bidders were from the U.S. and Spain.

The Canadian Surface Combatant program has already faced delays and rising costs. In 2008 the then-Conservative government estimated the project would cost roughly $26 billion. But in 2015, Vice-Admiral Mark Norman, then commander of the navy, voiced concern that taxpayers may not have been given all the information about the program, publicly predicting the cost for the warships alone would approach $30 billion.

Lockheed Martin Canada Awarded 3 Year Extension on Halifax Frigate Support Contract

Frontline Defence Press Release

Lockheed Martin Canada has been awarded a three-year extension to its In-Service Support contract for the Royal Canadian Navy’s 12 Halifax Class Frigates.

“We are pleased by the vote of confidence from our Royal Canadian Navy customer to continue this existing relationship,” said Gary Fudge, vice president and general manager of Lockheed Martin Canada Rotary Mission Systems. As part of our Combat System Integrator portfolio, Lockheed Martin Canada has established a world class in-service support team which is also being recognized by our international customers.”

The Lockheed Martin Canada In-Service Support team has provided uninterrupted support to the Halifax Class Combat System, Command and Control System and Trainers for 25 years.

The existing In-Service Support contract commenced in November 2008 with the award of the Halifax Class Modernization project. The In-Service support contract also included support of the legacy Halifax Class system prior to ships entering the shipyard for modernization.

The Combat Management Systems (CMS) support entails hardware and software support for the CMS 330, and the CMS to combat subsystem interfaces, ancillary systems and tools, as well as the integration of new weapons, sensors and information sources.

French-Italian Consortium offers Canada a deal on a new fleet of frigates

By: David Pugliese, The National Post 

The proposal is for Canada's chosen contractor, Halifax-based Irving Shipbuilding, to build 15 ships based on the consortium’s FREMM frigate design, that could save the Federal Government close to $32 Billion. 

A FREMM frigate sails off the coast of France in 2016.Boris Horvat/AFP/Getty Images

OTTAWA — In a surprise twist in Canada’s shipbuilding saga, a foreign consortium is offering the country a way to build a fleet of warships at a guaranteed price of $30 billion — a potential savings of $32 billion.

Fincantieri of Italy and Naval Group of France — major forces in international shipbuilding — don’t believe the current $62-billion Canadian Surface Combatant program, already beset with delays and increasing costs, will be successful, industry sources told Postmedia.

Instead, the French and Italian governments have proposed that Canada’s chosen contractor, Halifax-based Irving Shipbuilding, build 15 ships based on the consortium’s FREMM frigate design, which is proven and is in operation with the French and Italian navies. They are offering to guarantee the cost of the ships at a fixed $30 billion.

The deal would use Canadian technology on board the ships, sources said, and include the transfer of technology to Canadian firms so they could be involved in future sales of FREMM vessels on the international market.

As well as the French and Italian navies, Morocco and Egypt operate FREMM ships. Australia is considering them for its new naval fleet, and they are seen as a serious contender in the competition to outfit the U.S. Navy with modern frigates.

Bids for the Surface Combatant program were to have been submitted by Thursday to Irving. The company has not responded to a request for comment, and it is not known how receptive it would be to the consortium’s proposal.

The Fincantieri-Naval Group gambit is risky, as federal bureaucrats are expected to oppose it. But the potential of $32 billion in savings for Canadian taxpayers will put pressure on the Liberal government to seriously consider the offer.

Defence industry insiders said the Fincantieri-Naval Group consortium thinks it has nothing to lose by trying to circumvent the CSC procurement process, which a number of observers believe is skewed to favour a bid by Lockheed Martin Canada and the British firm BAE. They would provide Canada the Type 26 frigate that BAE is building for the Royal Navy.

Industry sources pointed out that Canada had originally asked for proven ship designs, then at the last minute loosened that restriction to allow the Lockheed-BAE bid to qualify, since the Type 26 was at the time still on the drawing board. (Construction on the Type 26 frigate began in the summer, but the first ship for the Royal Navy is not yet completed.)

Both Irving and Public Services and Procurement Canada have denied any favoritism towards BAE.

An aerial image of Irving Shipbuilding Halifax Shipyard. Irving Shipbuilding Inc.

Another team, led by Alion Canada, is offering the Dutch De Zeven Provinciën Air Defence and Command frigate. Though no other bids have yet been reported, a number of other companies were expected to put their ships in the running for the CSC program.

Fincantieri, the fourth-largest shipyard in the world, has long warned the Liberal government it believes the CSC procurement process is flawed. On Oct. 24, 2016, the firm sent then-Public Services and Procurement Minister Judy Foote a detailed outline of why it thought the acquisition process was in trouble, warning that “Canada is exposed to unnecessary cost uncertainty.”

At the time, the company proposed to Foote that a fixed-price competition be held, with the winning shipyard building the first three warships complete with Canadian systems and delivering them to Irving. The ships would have then be evaluated and, after any technical issues were worked out, Irving would have begun to build the remaining 12 vessels. That would allow work on the new ships to get underway faster, the vessels to be fully tested and the risk to the Canadian taxpayer significantly reduced, Fincantieri argued.

Foote dismissed the company’s recommendation. However, the cost of the CSC program has steadily increased. Originally set at $26 billion, the Department of National Defence later estimated the price tag at $40 billion. Then in June, Parliamentary Budget Officer Jean-Denis Fréchette estimated the CSC program would cost $61.82 billion — and warned that because of inflation, every year beyond 2018 the awarding of the contract is delayed would cost taxpayers an extra $3 billion.

There are also concerns that plans to build two supply ships for the Royal Canadian Navy and a new Polar-class icebreaker for the Canadian Coast Guard are in trouble.

The Liberals have said they can’t provide Parliament with a schedule for the delivery of the supply ships or the icebreaker because they deem such information secret.

Public Services and Procurement Canada would not comment on the reasoning behind that claim.

U.S. Again Pitches F-35 jet to Ottawa as Liberals aim to Replace CF-18

By: Daniel Leblanc, The Globe and Mail 

The U.S. Air Force made a last-minute pitch to the federal government in favour of the Lockheed-Martin F-35, hoping to reassure officials about the long-term viability of the stealth fighter jet that the Liberals promised not to buy in the past election, sources said.

A top American officer who leads the F-35 Lightning II Joint Program Office, based in Virginia, travelled to Ottawa on Oct. 14 to meet with Canadian officials who are working on the purchase of Canada’s next fleet of fighter jets. Lieutenant-General Christopher Bogdan discussed the ongoing development of the state-of-the-art fighter jet, which has clients around the world but is still facing a series of technological problems, officials said.

The visit from Lt.-Gen. Bogdan came at a crucial time, as a small team of Liberal ministers are set to choose one of three options to replace Canada’s fleet of CF-18s: launch a full and open competition; buy a small number of fighter jets for an interim fleet; or purchase an entire fleet of jets through a sole-sourced acquisition.

Defence-industry officials expect the cabinet committee on defence procurement to meet on this matter next week. Federal officials declined to comment on the timing of the coming meeting, but said the government does not plan to let the complex file drag on.

There are widespread concerns in the Liberal government about the short-term risks associated with the acquisition of the F-35, which is still in development.

Explainer: Breaking down the dogfight over Canada's next fighter jet

In September, 15 F-35s were grounded over the discovery of faulty insulation in avionics cooling lines in the aircraft’s wings, an issue that should be be fixed by the end of the year.

On a broader level, some Canadian officials were preoccupied by a recent report that raised a number of questions about the ability of the F-35 to achieve its promised capabilities.

Leaked to Bloomberg News over the summer, the report from the U.S. government’s Director of Operational Test and Evaluation warned that the F-35 program was “not on a path toward success but instead on a path toward failing to deliver” full capabilities by the scheduled end of its development in 2018.

Lt.-Gen. Bogdan was in Ottawa earlier this month specifically to discuss the Canadian government’s plans to buy new fighter jets.

“The general provided an update on the status of the program and answered questions to help ensure officials had as complete information as possible on the F-35 program, as the Government of Canada considers all of its options to replace their legacy CF-18 fighter fleet,” said Joe DellaVedova, a spokesman for Lt.-Gen. Bogdan.

Mr. DellaVedova would not give details of what was discussed at the meeting, but provided a statement by Lt.-Gen. Bogdan to dissipate concerns over the report from the Director of Operational Test and Evaluation.

“All of the issues mentioned are well-known to the F-35 Joint Program Office, the U.S. services, international partners and our industry team. … While nearing completion, the F-35 is still in development and technical challenges are to be expected. The program has a proven track record of solving technical issues and we’re confident we’ll continue to do so,” Lt.-Gen. Bogdan said.

There was no similar visit to Ottawa by American officials in charge of the Boeing Super Hornet, which is seen as the main rival to the F-35 in the race to replace Canada’s CF-18s.

Defence-industry sources said the U.S. Air Force is more supportive of the F-35 than the Super Hornet, which is operated by the U.S. Navy. Still, the Super Hornet program has had the opportunity to provide detailed information on its aircraft to Canadian officials, sources said.

During the past federal election, the Liberal Party said: “We will not buy the F-35 stealth fighter-bomber.” The Liberals promised an “open and transparent competition to replace the CF-18 fighter aircraft,” leading to the “purchase [of] one of the many, lower-priced options that better match Canada’s defence needs.”

Lockheed Martin Canada given Arctic Patrol Ship Contract

Lockheed Martin Canada announced earlier today that it has been awarded the subcontract by Irving Shipbuilding Inc. as the command and surveillance integrator of the Royal Canadian Navy's new class of Arctic/Offshore Patrol Ships (AOPS)

Lockheed Martin Canada is now one of the main AOPS Tier 1 supplier for delivering the Irving Shipbuilding Inc. AOPS. With a contract valued at more than $170 million, Lockheed Martin Canada is now responsible for key integration of data and information sources to increase the ships situations awareness, provide better command an control support.