Competitive acquisition process - Office accommodation for the consolidation of pay centre in Miramichi, New Brunswick

Public Works and Government Services Canada

Departmental Oversight Branch

Competitive acquisition process - Office accommodation for the consolidation of pay centre in Miramichi, New Brunswick

Fairness monitor final report: 2nd Request for proposal

December 24, 2014

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 competitive selection process for the office accommodation for the Consolidation of Pay Centre in Miramichi, New Brunswick (also referred to as the “Miramichi Pay Centre”), issued by Public Works and Government Services Canada (PWGSC) as a result of solicitation 525005. Samson & Associates is an independent third party with respect to this activity.

PWGSC initially launched the procurement process on January 16, 2013 but was unsuccessful in finding a proponent meeting the selection of invitees to tender (SOIT) requirements. As a result, the procurement was re-issued in 2014. Elements of the SOIT were adjusted to promote competitiveness of the procurement process.

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

We hereby submit the Final Report, for the second Request for Proposal (RFP) process, covering the activities of the FM, commencing with the new SOIT process and continuing through the conclusion of the Request for Proposal (RFP) evaluation phase.

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. Miramichi pay centre

The SOIT, Requests for Qualifications (RFQ) and RFP for an Irrevocable Offer to Lease (IOL) documents were issued by PWGSC in order to retain a firm to design, build, and lease a new office building in the city of Miramichi, New Brunswick.

More specifically, firms are requested to submit an IOL for a new building of nine thousand three hundred and sixty square meters (9,360 m2) of usable office space. The Land, upon which the new building will be built by Canada, is located in the City of Miramichi, New Brunswick and will be conveyed to the Selected Proponent at fair market value. The Selected Proponent will erect the Base Building on the Land and lease it with the Land to Canada.

The Term of the Lease will be twenty (20) years from the Commencement Date.

3. Attestation of assurance

The FM hereby provides the following unqualified assurance statement concerning the competitive selection process for the Miramichi Pay Centre, commencing with the new SOIT process and continuing through the conclusion of the RFP evaluation phase.

It is our professional opinion that the competitive selection process for the above activities we observed, was carried out in a fair, open and transparent manner.

Mathieu Farley, CPA auditeur, CA, CIA, CISA
FM Team Leader
Partner, Audit and Advisory
Samson & Associates

Christian Dugas, CPA, CA
FM Specialist

4. Methodology

Samson & Associates was engaged as a FM to observe the competitive selection process for the office accommodation solution for the Pay Consolidation Centre of Expertise in Miramichi, New Brunswick, 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, and observed bid solicitation activities (e.g., SOIT, RFQ, RFQ evaluation, RFP, the respective questions and responses, and the RFP evaluation), identifying fairness-related matters to the contracting and technical authorities, and ensuring that responses and actions were reasonable and appropriate.

4.1 Fairness monitoring activities and observations related to the selection of invitees to tender - Request for qualifications phase

The SOIT was posted via buyandsell.gc.ca on April 16, 2014 and closed June 3, 2014.

Questions from the potential bidders were accepted and answers were addressed and distributed to all interested parties, as applicable, prior to the closing date. The FM reviewed all questions and answers provided during the SOIT period to ensure fairness-related considerations were satisfactorily addressed.

At the close of the SOIT, five (5) addendums were communicated as a result of questions from potential proponents and required clarifications.

Questions arising during the SOIT phase and the potential bidders' meeting were handled in accordance with the terms of the SOIT and responses were clear, understandable and communicated to all vendors in a timely fashion. All fairness considerations were satisfactorily addressed.

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

Bid evaluation commenced on June 3, 2014, with a briefing session to the technical evaluation team, attended by the contracting authority and FM. All technical evaluators were present for the duration of the consensus meetings, as was the contracting authority and the FM. The technical evaluation was completed in two stages:

  1. The Proponent's Experience and Financial Capability consensus evaluation was undertaken on June 12, 2014; and
  2. The Project Management, Design, Construction, Commissioning Experience, and Qualifications consensus evaluation was undertaken on June 17-18, 2014.

At the close of the SOIT-RFQ phase, all four bidders were qualified for the RFP phase.

No fairness issues were identified.

Observation:

Evaluator instructions and tools were complete, were in accordance with SOIT-RFQ terms and consistent with fairness principles and practices, and were followed. Evaluation criteria, weightings, scores and pass marks were exactly as set out in the SOIT-RFQ. The evaluation was carried out as described in the SOIT-RFQ 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 monitoring summary of findings on the selection of invitees to tender - Request for qualifications phase:

It is the opinion of the FM that the SOIT activities observed for the Miramichi Pay Centre were conducted in a fair manner. In this context, fairness is understood to encompass the elements of openness, competitiveness, transparency and compliance.

4.2 Fairness monitoring activities and observations related to the selection of invitees to tender - Request for proposal phase

The RFP was distributed via email on July 2, 2014 to proponents who successfully met the requirements of the RFQ Phase. The RFP was initially scheduled to close on October 22, 2014 but an extension to November 13, 2014 was granted via Addendum #21.

Questions from the potential bidders were accepted and answers were addressed and distributed to all interested parties, as applicable, prior to the closing date. The FM reviewed all questions and answers provided during the SOIT-RFP period to ensure fairness-related considerations were satisfactorily addressed.

A mandatory bidders' meeting was held on July 23, 2014, which was attended by the contracting authority and the FM.

At the close of the RFP, twenty-four (24) addendums were communicated as a result of questions from potential proponents and required clarifications.

Observation:

Questions arising during the RFP phase of the SOIT and the mandatory bidders' meeting were handled in accordance with the terms of the SOIT-RFP and responses were clear, understandable and communicated to all vendors in a timely fashion. All fairness considerations were satisfactorily addressed.

Fairness monitoring summary of findings on the selection of invitees to tender - Request for proposal phase:

According to the FM, the SOIT-RFP phase for the Miramichi Pay Centre was conducted in a fair manner. In this context, fairness is understood to encompass the elements of openness, competitiveness, transparency and compliance elements.

4.3 Fairness monitoring activities and observations related to the selection of invitees to tender - Request for proposal evaluation phase

The FM has reviewed the evaluation plan and framework, scorecards and summary consensus of the evaluators. The evaluation of bid in this phase consisted of the review of the documentation submitted by the bidder.

An information session for the technical evaluation team attended by the contracting authority was held on November 13, 2014. The FM did not attend this session. The evaluation of the technical bid began on November 17, 2014. The technical evaluators attended the consensus meetings and so did the contracting authority and FM.

The consensus meetings were completed on December 18, 2014.

No contentious issues from a fairness point of view have been identified.

Observation:

The instructions and tools of the evaluators were complete, respected the terms of the SOIT-RFP and were consistent with the principles and practices of fairness, and they were executed fairly. Evaluation criteria, weighting, points and passing notes complied fully with what had been established in the SOIT-RFP. The evaluation was performed as described by the SOIT-RFP, and there was no difference. The scoring was performed in strict accordance with the criteria. Consensus discussions were open, all evaluators were present, and a consensus was reached for all the criteria.

Fairness monitoring summary of findings on the selection of invitees to tender - Request for proposal evaluation process:

According to the FM, the proposal evaluation for the Miramichi Pay Centre was conducted in a fair manner. In this context, fairness is understood to encompass the elements of openness, competitiveness, transparency and compliance elements.

5. Reference documents

The following documents 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.

# Document Date
1 SOIT notification published Published on buyandsell.gc.ca on April 16, 2014
2 Bidders' Meeting April 30, 2014 (Miramichi, NB)
3 Addendum #1 Published on buyandsell.gc.ca on May 7, 2014
4 Addendum #2 Published on buyandsell.gc.ca on May 9, 2014
5 Addendum #3 Published on buyandsell.gc.ca on May 14, 2014
6 Addendum #4 Published on buyandsell.gc.ca on May 16, 2014
7 Addendum #5 Published on buyandsell.gc.ca on May 22, 2014
8 RFQ Bid Evaluation Plan May 22, 2014
9 RFQ Technical Evaluation Worksheet June 25, 2014
10 Final RFQ Technical Evaluation Worksheet June 27, 2014
11 Request for Proposal Distributed by email on
July 2, 2014
12 Addendum #1 Distributed by email on
July 8, 2014
13 Addendum #2 Distributed by email on
July 9, 2014
14 Mandatory Bidders' Conference (Miramichi, NB) July 23, 2014
15 Addendum #3 Distributed by email on
July 31, 2014
16 Addendum #4 Distributed by email on
August 7, 2014
17 Addendum #5 Distributed by email on
August 14, 2014
18 Addendum #6 Distributed by email on
August 21, 2014
19 Addendum #7 Distributed by email on
August 29, 2014
20 Addendum #8 Distributed by email on
September 4, 2014
21 Addendum #9 Distributed by email on
September 5, 2014
22 Addendum #10 Distributed by email on
September 17, 2014
23 Addendum #11 Distributed by email on
September 19, 2014
24 Addendum #12 Distributed by email on
September 22, 2014
25 Addendum #13 Distributed by email on
September 26, 2014
26 Addendum #14 Distributed by email on
September 30, 2014
27 Addendum #15 Distributed by email on
October 3, 2014
28 Addendum #16 Distributed by email on
October 8, 2014
29 Addendum #17 Distributed by email on
October 10, 2014
30 Addendum #18 Distributed by email on
October 15, 2014
31 Addendum #19 Distributed by email on
October 23, 2014
32 Addendum #20 Distributed by email on
October 28, 2014
33 Addendum #21 Distributed by email on
October 31, 2014
34 Addendum #22 Distributed by email on
November 5, 2014
35 Addendum #23 Distributed by email on
November 6, 2014
36 Addendum #24 Distributed by email on
November 7, 2014
37 RFP Bid Evaluation Plan and
Technical Evaluation Worksheet
Distributed internally by email on
November 13, 2014

Addendum to the Final Report
June 19, 2015

Addendum to Fairness Monitor Final Report dated December 24, 2014 on the competitive selection process for the office accommodation for the Consolidation of Pay Centre in Miramichi (Miramichi Pay Centre)

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

Fairness Monitoring Activities Related to Contract Award and Debriefings

There were four (4) bids submitted in response to the Request for Proposal (RFP). The successful bidder was advised of contract award on March 2, 2015 and announced via a press release on April 2, 2015.

A debriefing letter, which provided information of the results of the evaluation, was provided to all non-successful bidders on March 26, 2015. No meetings were requested.

Fairness Monitoring Attestation of Assurance

The FM hereby provides the following unqualified assurance statement concerning the competitive selection process for the Miramichi Pay Centre.

It is our professional opinion that the competitive selection process that we observed, was carried out in a fair, open and transparent manner.

Mathieu Farley, CPA auditeur, CA, CIA, CISA
FM Team Leader
Partner, Audit and Advisory
Samson & Associates

Christian Dugas, CPA, CA
FM Specialist