Geotechnical Investigations and Studies for the New Bridge for the St-Lawrence (NBSL)

Fairness Monitor Contractor's Final Report

July 11, 2013

Submitted to: Director General Operational Integrity Sector

Submitted by: Samson & Associates

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Table of Contents

  1. Introduction
  2. NBSL Requirements
  3. Attestation of Assurance
  4. Methodology
    1. 4.1 FM Activities and Observations: Request for Proposal
    2. 4.2 FM Activities and Observations: Evaluation Phase
  5. Reference Documents

1. Introduction

Samson & Associates was engaged as a Fairness Monitor (FM) to observe the procurement process for professional services provided by an engineering firm for laboratory services, geotechnical investigations, characterization of rock, soil and groundwater, as well as geophysical investigations to determine the geotechnical parameters of existing materials necessary for the design of future infrastructure for the New St-Lawrence Bridge (NBSL), issued by Public Works and Government Services Canada as a result of solicitation # T8010-120106/A. Samson & Associates is an independent third party with respect to this procurement.

We reviewed all of the information provided and observed all relevant activities.

The present Final Report covers the activities of the Fairness Monitor commencing with the Request for Proposal Phase of the project continuing through the conclusion of the selection of the successful bidder.

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. NBSL Requirements

The Request for Proposal was issued by Public Works and Government Services Canada (PWGSC) to retain the services of an engineering firm for geotechnical investigations and studies for the NBSL.

In the context of the studies and preliminary work to be undertaken on the New St-Lawrence Bridge (NBSL) in Montréal, the consultant will provide to PWGSC services including laboratory services, geotechnical investigations, characterization of rock, soil and groundwater, as wells as geophysical investigations to determine the geotechnical parameters of existing materials necessary for the design of future infrastructure at the request of Canada, as well as other related services upon request

3. Attestation of Assurance

The FM hereby provides the following unqualified assurance statement concerning the procurement process for services of an engineering firm for geotechnical investigations and studies for the NBSL, commencing with the Request for Proposal Phase of the project continuing through the conclusion of the selection of the successful bidder.

It is our professional opinion that the procurement process services of an engineering firm for geotechnical investigations and studies for the NBSL we observed, was carried out in a fair, open and transparent manner.

______________________________
Pierre Samson, FCPA auditor, FCGA
President, Samson & Associates

______________________________
Christian Dugas, CPA, CA
FM Specialist

______________________________
Mathieu Farley, CPA auditor, CA,
CPA (Illinois), CIA, CISA
FM Team Leader

4. Methodology

Samson & Associates was engaged as a Fairness Monitor (FM) to observe the competitive acquisition process for services of an engineering firm for geotechnical investigations and studies for the NBSL 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, selection of winning bidder), identified fairness-related matters to the contracting and technical authorities, and ensured that responses and actions were reasonable and appropriate.

4.1 FM Activities and Observations: Request for Proposal

The RFP for the geotechnical investigations and studies was issued via MERX on April 16, 2013 and closed on May 29, 2013.

Questions from the potential bidders were accepted up to five days before the close of the RFP and answers were addressed and published on MERX prior to the closing date.

Twenty-eight questions were submitted by the industry, giving rise to two amendments, the latest of which was published May 22, 2013.

The FM reviewed all questions and answers provided during the bidding period to ensure fairness-related considerations were satisfactorily addressed.

Eighteen bid packages were requested and five proposals were submitted.

Observation #1: Our involvement in the project began on May 15, 2013 at which time the RFP was already published. During our initial meeting with PWGSC, we were advised that PWGSC had previously held a meeting with potential bidders who could provide the required services. The FM was not present at this meeting, and as a result, discussions could not be heard to ensure they were fair, open, and transparent. However, a summary of the meeting discussion has been provided, and nothing leads us to believe that information in connection with the RFP was disclosed at that time.

Observation #2: The request for proposal was written in a clear and understandable manner. Questions arising during the bidding period were handled in accordance with the terms of the RFP and the responses were clear, understandable and communicated to all proponents in a timely fashion. All fairness considerations were satisfactorily addressed.

No fairness issues resulted from any of the noted observations.

Fairness Monitor Summary of Findings on the RFP Process: It is the opinion of the Fairness Monitor that the RFP for the geotechnical investigations and studies for the NBSL was conducted in a fair, open and transparent manner. In this context, fairness includes the elements of openness, competitiveness, transparency and compliance.

4.2 FM Activities and Observations: Evaluation Phase

The FM reviewed the Evaluation Plan and Terms of Reference, Evaluator and Consensus Scoring Sheets and Summaries, and the results letters submitted to the bidders. The technical evaluation of the bids was carried out through a review of the documentation provided by the bidders.

Bid evaluation commenced on May 30, 2013, with a briefing session to the technical evaluation team, attended by the contracting authority. A follow-up session was held on June 12, 2013. The individual technical evaluation, review and assessment of bidder submitted documentation, was completed on June 16, 2013. The three evaluators technical, employees of PWGSC and Transport Canada, were present at the consensus meeting, as well as the contracting authority, and the FM. The assessment was completed June 17, 2013.

No fairness issues were identified.

Observation: Evaluator instructions and tools were complete, were in accordance with RFP terms and consistent with fairness principles and practices, and were executed fairly. Evaluation criteria, weightings, scores and pass marks were exactly as set out in the RFP. The evaluation was carried out as described in the RFP and the Evaluation Plan without deviation and bid scoring was done in strict adherence to the stated criteria. Consensus evaluation discussions were open, participated in by all evaluators and consensus was achieved on all criteria. Fairness Monitor Summary of Findings on the RFP Process: It is the opinion of the Fairness Monitor that the RFP for the geotechnical investigations and studies for the NBSL was conducted in a fair, open and transparent manner. In this context, fairness includes 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 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.

Reference Documents
No. Document Date
1 Request for Proposal April 16, 2013
2 Amendment 1 to RFP May 21, 2013
3 Amendment 2 to RFP May 22, 2013
4 Bid Evaluation Plan May 30, 2013
5 Technical Evaluation Worksheet May 30, 2013
6 Technical and Financial Evaluation Report June 21, 2013

Addendum to the Final Report
November 25, 2013

Addendum to Fairness Monitor Final Report dated July 11, 2013 on the competitive process of awarding a contract for the professional services provided by an engineering firm for laboratory services, geotechnical investigations, characterization of rock, soil and groundwater, as well as geophysical investigations to determine the geotechnical parameters of existing materials necessary for the design of future infrastructure for the New Bridge for the St. Lawrence (NBSL).

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

There were five bids submitted in response to the Request for Proposal (RFP). The successful bidder was advised of contract award on July 17, 2013. Debriefing information was requested by two bidders. No formal meetings, however, were requested.

FM Attestation of Assurance

The FM hereby provides the following unqualified assurance statement concerning the competitive process of awarding a contract for professional services provided by an engineering firm for laboratory services, geotechnical investigations, characterization of rock, soil and groundwater, as well as geophysical investigations to determine the geotechnical parameters of existing materials necessary for the design of future infrastructure for the NBSL, commencing with the RFP, continuing through the selection of the contractor. It is our professional opinion that the process for procuring the geotechnical investigation services of an engineering firm for the NBSL we observed, was carried out in a fair, open and transparent manner.

______________________________
Pierre Samson, FCPA auditor, FCGA
President, Samson & Associates

______________________________
Christian Dugas, CPA, CA
FM Specialist

______________________________
Mathieu Farley, CPA auditor, CA,
CPA (Illinois), CIA, CISA
FM Team Leader