Construction contract for the Centre Block East Pavilion Rehabilitation project

Fairness Monitor Contractor's Final Report

October 8, 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 a construction contract for the Centre Block East Pavilion Rehabilitation Project (East Pavilion Rehabilitation), issued by Public Works and Government Services Canada (PWGSC) as Solicitation No. EP748-142417/A, on June 6, 2014. Samson & Associates is an independent third party with respect to this activity.

We reviewed all of the information provided, observed all relevant activities and had full access to all aspects of the procurement process.

We hereby submit the Final Report, covering the activities observed by the FM commencing with the Invitation to Tender (ITT) Phase of the competitive selection process and continuing through the 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. Project Requirement

A major undertaking is underway to preserve Canada's parliamentary buildings and grounds. As the custodian of the Parliamentary Precinct, which includes Parliament Hill and the facing street, the mandate of PWGSC includes ensuring that this iconic corner of Canada is preserved for all Canadians.

The Centre Block on the Parliament Hill is the exquisite Gothic Revival-style home of Canada's Senate, House of Commons and Library of Parliament.

In the coming years, a modernization of Centre Block and its contents will be carried out. Although the major rehabilitation of the Centre Block of the Parliament Hill is not expected to begin until 2018, some areas are in more immediate need and will be worked on sooner. For example, the pavilion on the east side of the building needs to be rehabilitated. Age, exposure to wind and rain, water infiltration and the freeze-thaw cycle have damaged the structures. The work to be undertaken on the project includes:

  • Rehabilitation of the stone masonry;
  • Seismic reinforcement;
  • Structural reinforcement;
  • Stabilization and/or rehabilitation of the windows and louvers; and
  • Replacement of roofing.

3. Attestation of Assurance

The FM hereby provides the following unqualified assurance statement concerning the competitive selection process for a construction contract for the East Pavilion Rehabilitation commencing with the ITT Phase of the competitive selection process and continuing through the 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 & Advisory
Samson & Associates

_____________________________
Yves Vaillancourt
FM Specialist

4. Methodology

Samson & Associates was engaged as a FM to observe the competitive selection process for a construction contract for the East Pavilion Rehabilitation, 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., the ITT, questions and answers, and amendments issued, site visit), identifying 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 – ITT Phase

The ITT for the East Pavilion Rehabilitation was posted on the government electronic tenders service, buyandsell.gc.ca, on June 6th, 2014.  Proponents were requested to submit questions up to five (5) calendar days before bid closing.  There were 12 amendments, the last one published on August 11th, 2014. There were 94 questions submitted.

An optional site visit, attended by the contracting authority and the FM, was organized on June 19, 2014.

The ITT closed on August 13, 2014.

Observation: The ITT document was written in a clear and understandable manner. All questions submitted were responded to in a clear and understandable fashion and responses were provided to all proponents through the amendments issued. No fairness issues were identified. 

FM Summary of Findings: It is the opinion of the FM that the ITT Phase of the competitive selection process was conducted in a fair manner. In this context, fairness is understood to encompass the elements of openness, competitiveness, transparency and compliance.

4.2 FM Activities and Observations: Evaluation Phase of ITT

The FM attended the evaluation for the qualification of bidders (technical). The evaluation in this phase consisted of the review of the documentation submitted by the bidders to ensure they met the stated mandatory criteria.

The evaluation of the tenders (technical) was conducted on August 14, 2014 by a member from the technical authority and the contracting authority. The FM was present during the evaluation. The evaluation results for the qualification phase of the ITT were confirmed and communicated to bidders August 26th, 2014.

The opening of the bids was done at the Bid Receiving Unit on August 27th, 2014. Bidders were invited to attend. Technical authority representatives, the contracting authority and the FM were present for the bid opening.

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 ITT and were consistent with the principles and practices of fairness, and they were executed fairly. Evaluation criteria complied fully with what had been established in the ITT. The evaluation was performed as described in the ITT. Consensus evaluation discussions were open, all evaluators were present, and a consensus was reached for all the criteria.

FM Summary of findings: It is the opinion of the FM that the evaluation phase of the ITT was conducted in a fair 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 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 Document date/number
1 ITT Published on buyandsell.gc.ca on June 6, 2014
2 Amendment #1 Published on buyandsell.gc.ca on June 16, 2014
3 Amendment #2 Published on buyandsell.gc.ca on June 26, 2014
4 Amendment #3 Published on buyandsell.gc.ca on July 7, 2014
5 Amendment #4 Published on buyandsell.gc.ca on July 9, 2014
6 Amendment #5 Published on buyandsell.gc.ca on July 11, 2014
7 Amendment #6 Published on buyandsell.gc.ca on July 15, 2014
8 Amendment #7 Published on buyandsell.gc.ca on July 15, 2014
9 Amendment #8 Published on buyandsell.gc.ca on July 16, 2014
10 Amendment #9 Published on buyandsell.gc.ca on July 31, 2014
11 Amendment #10 Published on buyandsell.gc.ca on August 1, 2014
12 Amendment #11 Published on buyandsell.gc.ca on August 4, 2014
13 Amendment #12 Published on buyandsell.gc.ca on August 11, 2014

Addendum to the Final Report
November 4, 2014

Addendum to Fairness Monitor (FM) Final Report dated October 8, 2014 on the competitive selection process for a construction contract for the Centre Block East Pavilion Rehabilitation Project (East Pavilion Rehabilitation).

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

FM Activities Related to Contract Award and Debriefings

There were seven bids submitted in response to the Request for Proposal. The successful bidder was advised of contract award on October 6, 2014.

No debriefings were requested.

FM Attestation of Assurance

The FM hereby provides the following unqualified assurance statement concerning the competitive process for a construction contract for the East Pavilion Rehabilitation.

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

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

_____________________________
Yves Vaillancourt
FM Specialist