Competitive Acquisition Process - Design and Development Services for the East Tunnel Replacement Project

Fairness Monitor final report

February 27, 2013

Submitted to: Director General, Operational Integrity Sector, Departmental Oversight Branch

Submitted by: Samson & Associates

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Table of Contents

1. Introduction

Samson & Associates was engaged as a Fairness Monitor (FM) to observe the procurement process for the East Tunnel Replacement Design and Development Contract, issued by Public Works and Government Services Canada as a result of RFP # EP758-130472/A. Samson & Associates is an independent third party with respect to this activity.

We reviewed all of the information provided and observed all relevant activities. We had full access to all aspects of the procurement process and had the full co-operation from all stakeholders at PWGSC.

We hereby submit the Final Report, covering the activities of the Fairness Monitor commencing with the Request for Proposal through the Consensus Meetings Phase of the project.

This report includes our attestation of assurance, a summary of the scope and objectives of our assignment, the methodologies applied and relevant observations from the activities undertaken.

2. East Tunnel Replacement Services Requirement

The Request for Proposal was issued by Public Works and Government Services Canada (PWGSC) to retain a firm, acting as a prime consultant, together with a multidisciplinary team of sub consultants for the provision of the Design and Development Services required for the East Tunnel Replacement Project, a necessary component of the redevelopment of the Parliament buildings. The overall Class D Construction estimate is $7,100,000 and the level of effort for the Design and Development Services was estimated at approximately $1,500,000.

The successful firm, as the prime consultant will assist PWGSC to produce the Design Deliverables as well as the Construction and Commissioning-related documents.

The Contractor must provide a full range of engineering services; civil/municipal, mechanical, structural, electrical, tunneling design engineering and rock mechanics engineering.

3. Attestation of Assurance

The FM hereby provides the following unqualified assurance statement concerning the East Tunnel Replacement Design and Development Services procurement up to the conclusion of the Consensus Meetings Phase.

It is our professional opinion that the procurement process for the East Tunnel Replacement Design and Development Contract we observed, was carried out in a fair, open and transparent manner.

____________________
Pierre Samson, M.Sc., FCPA-Auditor, FCGA
President, Samson & Associates

___________________
Mathieu Farley, CPA-Auditor, CA,
CPA (Illinois), CIA, CISA
FM Team Leader

___________________
Ted Pender
FM Specialist

4. Methodology

Samson & Associates was engaged as a Fairness Monitor (FM) to observe the competitive acquisition process for the East Tunnel Replacement Design and Development Services Contract, and to attest to the fairness, openness and transparency of this monitored activity.

In accordance with the terms of our engagement, we familiarized ourselves with the relevant documents, observed bid solicitation activities (e.g. RFP, Questions and Responses and Amendments), identifying fairness-related matters to the contracting and technical authorities, and ensuring that responses and actions were reasonable and appropriate.

4.1 FM Activities and Observations - The Request for Proposal Process

Proponents were requested to submit their proposals and provide their detailed approach to the work, and the pricing and terms offered.

The Request for Proposal to select the firm, who will provide Design and Development Services for the East Tunnel Replacement, was posted on MERX on December 10, 2012 and closed on February 5, 2013.

Nine questions were raised and three amendments were issued during the Request for Proposal process.

Forty-one firms downloaded the procurement package. Only one submission was received in response to the RFP.

Observation: The Request for Proposal document was written in a clear and understandable manner. Questions raised during the bidding period were handled in accordance with the terms of the Request for Proposal and responses were clear, understandable and communicated to all vendors in a timely fashion.

4.2 FM Activities and Observations - Proposal Evaluation

The bid was evaluated individually by the evaluation team, who met on February 11, 2013, to collectively determine the final ranking of the proponent.

All technical evaluators were present at the consensus meeting, as was the contracting authority and the FM.

The FM attended the opening of the financial proposal of the qualified proponent as did all technical evaluators.

The proponent was deemed qualified and selected based on the criteria and methodology stated in the RFP.

Fairness Monitor Summary of Findings on the Request for Proposal and Evaluation Process: It is the opinion of the Fairness Monitor that the Request for Proposal and Evaluation process for East Tunnel Replacement Design and Development Services was conducted in a fair, open and transparent manner. The FM observed the consensus meeting for the final evaluation and rating of the sole proposal. The evaluation was carried out in a fair, open and transparent manner. In this context fairness is understood to encompass the elements of openness, competitiveness, transparency and compliance.

5. Reference Documents

The following documents are referenced by number in this report and unless otherwise indicated, are all available through PWGSC.

Table Summary

The following table includes a list of documents referred to in the report such as the Request for Proposal (RFP), amendments, clarification letters, debriefing letters, etc. Each row is numbered, followed by the document title, then a document identifier such as a date or document number.

No Document Date
1 Request for Proposal # EP758-130472/A December 10, 2012
2 Amendment No. 001 for RFP January 23, 2013
3 Amendment No. 002 for RFP January 25, 2013
4 Amendment No. 003 for RFP February 4, 2013

Addendum to the Final Report
September 18, 2013

Addendum to Fairness Monitor Final Report dated February 27, 2013 on the Competitive Acquisition Process for the Design and Development Services for the East Tunnel Replacement Project.

This Addendum to the Fairness Monitor Final Report covers the period following the conclusion of the evaluation phase.

FM Activities Related to Contract Award and Debriefings

The successful bidder was advised of contract award on April 5th 2013.

There was one compliant bid submitted in response to the RFP. A debriefing was requested by the successful firm. The FM Specialist attended the debriefing on August 27th 2013.

Fairness Monitor Attestation of Assurance

The FM hereby provides the following unqualified assurance statement concerning the procurement following the conclusion of the Contract Award and Debriefing Phase.

It is our professional judgment that the competitive acquisition process for the Design and Development Services for the East Tunnel Replacement Project we observed, was carried out in a fair, open and transparent manner.

____________________
Pierre Samson, M.Sc., FCPA-Auditor, FCGA
President, Samson & Associates

___________________
Mathieu Farley, CPA-Auditor, CA,
CPA (Illinois), CIA, CISA
FM Team Leader

___________________
Ted Pender
FM Specialist