Satellite Communications on the Move Procurement Project

Fairness Monitor final report

September 18, 2014

Fairness Monitor Specialist: Steve Johnston

Submitted to: Director General, Departmental Oversight Branch

Submitted by: RFPSOLUTIONS INC.
4043 Carling Ave., Suite 202
Kanata, Ontario, Canada  K2K 2A4
Telephone: 613-271-6476
Fax: 613-271-7523
Website: www.RFPSOLUTIONS.ca

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Table of Contents

  1. Introduction
  2. Project Requirement
  3. Attestation of Assurance
  4. Methodology
  5. FM Activities and Observations
    1. 5.1 Procurement Planning/Pre-Issue Stage
    2. 5.2 RFP Posting
    3. 5.3 RFP Close
    4. 5.4 Evaluation Instructions
    5. 5.5 Administrative Review
    6. 5.6 Industrial and Regional Benefits (IRB) Evaluation
    7. 5.7 Technical Evaluation
    8. 5.8 Financial Evaluation and Proponent Selection
    9. 5.9 Communications and Debriefing
  6. Reference Documents

1. Introduction

RFP Solutions Inc. was engaged as a Fairness Monitor (FM) to observe the competitive procurement process for Acquisition of Satellite Communications on the Move (SOTM), issued by Public Works and Government Services Canada as a result of Solicitation Number W8476-134035/A. RFP Solutions Inc. was engaged on July 4th, 2013.

RFP Solutions Inc. is an independent third party with respect to this activity.

We hereby submit this Final Report, covering the activities of the Fairness Monitor, commencing with the drafting of the Request for Proposal (RFP) prior to posting on the Government Electronics Tendering System (BuyandSell.gc.ca), continuing through the response to enquiries from potential proponents leading to the proposal closing period, and finally the evaluation of proposals leading to the identification of the successful proponent.

The 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 to date.

2. Project Requirement

The acquisition of Satellite Communications on the Move is part of the Department of National Defence’s (DND) Land Command Support System Life Extension (LCSS LE) project. The acquisition fulfills a requirement to purchase:

  1. An initial quantity of 110 mobile Satcom terminals, five transportable Satcom terminals (Hubs) and associated logistic support for DND to integrate into a Satellite Communications On The Move (SOTM) system; and
  2. Options to procure up to 106 additional mobile Satcom terminals and three transportable Satcom terminals (Hubs) for integration into future SOTM systems.

3. Attestation of Assurance

The FM hereby provides the following unqualified assurance statement concerning the competitive procurement process for Acquisition of Satellite Communications on the Move.

It is our professional opinion that the Satellite Communications on the Move solicitation process we observed, was carried out in a fair, open and transparent manner.

________________________
Steve Johnston
Managing Director, RFPSOLUTIONS INC.

________________________
Steve Johnston
Fairness Monitor Specialist

________________________
Stephen Fleming, P.Eng.
FM Team Leader

4. Methodology

In accordance with the terms of our engagement, we familiarized ourselves with the relevant documents and observed all solicitation activities (e.g. development and posting of RFP, Questions and Answers, Addenda, evaluation and selection of successful proponent) identifying fairness-related matters to the Contracting Authority and ensuring that responses and actions were reasonable and appropriate. Section 5 of this report summarizes the specific activities and observations of the Fairness Monitor in respect of those activities.

5. FM Activities and Observations

5.1 Procurement Planning/Development of RFP

RFP Solutions Inc. was engaged to begin FM activities beginning with the development of the RFP. A review of the drafts and final RFP documentation was conducted. This included a review of the:

  • Proponent Instructions;
  • Proposal Preparation Instructions;
  • Evaluation Procedures and Basis of Selection;
  • Certifications;
  • Security, Financial and Other Requirements; and,
  • Resulting Contract Clauses.

The Fairness Monitor provided assurance as to the neutrality of the Requirements, the objectivity of evaluation criteria and process; and the clarity of the documentation to support understandability by Proponents in preparing their Proposals, as well as to mitigate the potential for inconsistency or errors in the eventual application of evaluation criteria by the Evaluation Committee, and ensuring that procurement, legal, business and financial risks are identified and strategies in place for their mitigation.

Observations
In reviewing the draft RFP documentation, fairness considerations were identified by the Fairness Monitor and discussed with the Contracting Authority. All of the fairness considerations were addressed in the RFP prior to issuance.

5.2 RFP Posting

The RFP was issued to potential proponents via the Government Electronic Tendering System (buyandsell.gc.ca) on November 14th, 2013 with the final closing date on March 12th, 2014 at 2:00 pm Eastern Standard Time.

A total of 136 questions were received. Responses to the questions were provided to all potential proponents as amendments via the Government Electronic Tendering System. A total of 25 amendments to the terms and conditions of the solicitation were issued; each was reviewed by the Fairness Monitor.

The Fairness Monitor also attended an optional proponents' conference at 555 boulevard de la Carrière, Gatineau, QC, on December 3rd, 2013. Solicitation Amendment No. 005 - Satcom On The Move issued on December 6th, 2013 included minutes of the proponets’ conference.

Observations
Fairness considerations were also identified with respect to the responses to questions and amendments to the terms and conditions of the solicitation. All fairness considerations were discussed with the Contracting Authority and addressed prior to the issuance of respective amendments.

5.3 RFP Close

The Fairness Monitor discussed the manner in which the proposal responses to the RFP were received and handled with the Contracting Authority.

Observations
Five proposals were received and handled in accordance with deadline stated in the RFP.

5.4 Evaluation Instructions

Prior to proposal evaluations, the Fairness Monitor reviewed the evaluation guidelines, including evaluator responsibilities, code of conduct, security, confidentiality and conflict of interest requirements, and evaluation methodology. The Fairness Monitor also participated in a pre-evaluation workshop with the Evaluation Committee to address the principles of fairness in evaluating proposals.

The Fairness Monitor provided assurance as to the impartiality of evaluation methodology.

Observations

The Fairness Monitor reviewed the evaluation methodology and related requirements and observed no fairness considerations.

5.5 Administrative Review

Following RFP closing, a review of administrative mandatory requirements was undertaken by PWGSC Electronics, Munitions and Tactical Systems Procurement Directorate (EMTSPD) of the five proposals received. All five proposals were deemed to be responsive to these requirements as stated in the RFP and therefore eligible to proceed to evaluation.

The Fairness Monitor reviewed the results of the administrative review to assess them against the requirements in the RFP.

Observation

Based on the Fairness Monitor’s review of the assessment of proponents’ compliance with the administrative mandatory requirements, the FM observed no fairness considerations.

5.6. Industrial and Regional Benefits (IRB) Evaluation

The RFP required a minimum IRB evaluation threshold to be deemed a responsive proposal and proceed to the technical evaluation. The IRB responses for each of the five proposals were provided to Industry Canada for evaluation.

All five proposals achieved the minimum IRB evaluation threshold to be deemed responsive proposals and proceed to the technical evaluation.

Observation

The Fairness Monitor reviewed the results of the IRB evaluation and observed no fairness issues.

5.7 Technical Evaluation

The technical evaluation was a two-stage process conducted by evaluators from the Department of National Defence with support from the Communications Research Centre (CRC).

Stage 1 involved the evaluation of the proposal documents against mandatory and rated technical requirements. The RFP required a minimum technical evaluation threshold to be deemed a responsive proposal in order to proceed to Stage 2. Each technical proposal was first evaluated individually by members of the Evaluation committee. The members then met to reach consensus.

Three proposals met the mandatory requirements and achieved the minimum technical evaluation threshold to be deemed  responsive and proceeded to Stage 2.

The Fairness Monitor was present and monitored the technical evaluation consensus process. The Fairness Monitor provided assurance that it was undertaken consistently with the evaluation process outlined in the RFP and that the results reflected the consensus of all evaluation board members.

Stage 2 evaluated the physical performance of the system, sub-systems and equipment proposed by the three proponents that successfully met the mandatory requirements and achieved the minimum technical evaluation threshold in Stage 1. The physical evaluations were conducted by  CRC, in facilities operated by CRC in Ottawa.  The results of the evaluations were provided to DND evaluators for assessment against the requirements of the RFP.

Two proponents met the physical evaluation requirements and were deemed to be responsive and proceeded to the financial evaluation.

The Fairness Monitor was present at the initial set-up for the physical evaluations to review the process and monitored the progress of the testing. The Fairness Monitor provided assurance that it was undertaken in a fashion consistent with the RFP.

The Fairness Monitor then reviewed the results of the technical evaluation to assess them against the requirements in the RFP.

Observation

The Fairness Monitor oversaw and reviewed the results of the technical evaluation and observed no fairness issues.

5.8 Financial Evaluation and Proponent Selection

In accordance with the RFP, a total evaluated fee was provided by the proponents, and selection of the successful proponent was based on the responsive proposal with the lowest cost per point.

The Contracting Authority performed due diligence and verified the pricing details on the form provided by the proponent.

A financial evaluation summary sheet was prepared by the Contracting Authority and reviewed  by the Fairness Monitor.

Observation
The selection of the successful proponent was consistent with the provisions and methodology outlined in the RFP.

5.9 Communications and Debriefing

This section will be completed as an Addendum to this report following completion of contract award and, as requested, debriefing of proponents.

6 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
# Document Document Date/Number
1 Request for Proposal - Satcom On The Move (SOTM) November 14, 2013
2 Solicitation Amendment No. 001 - Satcom On The Move (SOTM) December 1, 2013
3 Solicitation Amendment No. 002 - Satcom On The Move (SOTM) December 2, 2013
4 Solicitation Amendment No. 003 - Satcom On The Move (SOTM) December 4, 2013
5 Solicitation Amendment No. 004 - Satcom On The Move (SOTM) December 5, 2013
6 Solicitation Amendment No. 005 - Satcom On The Move (SOTM) December 6, 2013
7 Solicitation Amendment No. 006 - Satcom On The Move (SOTM) December 10, 2013
8 Solicitation Amendment No. 007 - Satcom On The Move (SOTM) December 16, 2013
9 Solicitation Amendment No. 008 - Satcom On The Move (SOTM) December 17, 2013
10 Solicitation Amendment No. 009 - Satcom On The Move (SOTM) December 18, 2013
11 Solicitation Amendment No. 010 - Satcom On The Move (SOTM) December 19, 2013
12 Solicitation Amendment No. 011 - Satcom On The Move (SOTM) December 27, 2013
13 Solicitation Amendment No. 012 - Satcom On The Move (SOTM) January 6, 2014
14 Solicitation Amendment No. 013 - Satcom On The Move (SOTM) January 7, 2014
15 Solicitation Amendment No. 014 - Satcom On The Move (SOTM) January 10, 2014
16 Solicitation Amendment No. 015 - Satcom On The Move (SOTM) January 13, 2014
17 Solicitation Amendment No. 016 - Satcom On The Move (SOTM) January 20, 2014
18 Solicitation Amendment No. 017 - Satcom On The Move (SOTM) January 21, 2014
19 Solicitation Amendment No. 018 - Satcom On The Move (SOTM) January 27, 2014
20 Solicitation Amendment No. 019 - Satcom On The Move (SOTM) February 4, 2014
21 Solicitation Amendment No. 020 - Satcom On The Move (SOTM) February 6, 2014
22 Solicitation Amendment No. 021 - Satcom On The Move (SOTM) February 10, 2014
23 Solicitation Amendment No. 022 - Satcom On The Move (SOTM) February 25, 2014
24 Solicitation Amendment No. 023 - Satcom On The Move (SOTM) February 27, 2014
25 Solicitation Amendment No. 024 - Satcom On The Move (SOTM) February 28, 2014
26 Solicitation Amendment No. 025 - Satcom On The Move (SOTM) March 3, 2014
27 PWGSC Contracting File  - Solicitation No. W8476-134035/A Various

Addendum to the Final Report
October 22 2014

Addendum to the Fairness Monitor Final Report dated September 18, 2014 pertaining to the competitive procurement process for the acquisition of Satellite Communications on the Move (SOTM), issued by Public Works and Government Services Canada as a result of Solicitation Number W8476-134035/A.

This Addendum to the Fairness Monitor Final Report covers the period following the conclusion of the evaluation phase and includes contract award and an allowance of time during which proponents could pose questions or request a debriefing. There were five proposals received by PWGSC in response to this Request for Proposals. Three proposals met the mandatory requirements and achieved the minimum technical evaluation threshold to be deemed responsive and proceeded to the evaluation of the physical performance of the proposed system, sub-systems and equipment. Two proponents met the physical evaluation requirements and were deemed to be responsive and proceeded to the financial evaluation. The notification of contract award was posted on BuyandSell.ca on September 16th, 2014. All unsuccessful proponents were subsequently advised by e-mail on September 16th, 2014 that their proposals were not accepted for contract award and that they were entitled to a debriefing.

Two unsuccessful proponents requested debriefings. The debriefings of these proponents were conducted by the PWGSC Contracting Authority on September 29th, 2014 and October 6th, 2014. The FM observed these debriefings to ensure they were conducted in a fair,open and transparent manner.

Attestation of Assurance

The FM hereby provides the following unqualified assurance statement concerning the competitive procurement process for the acquisition of Satellite Communications on the Move.

It is our professional opinion that the Satellite Communications on the Move solicitation process we observed, was carried out in a fair, open and transparent manner.

________________________
Steve Johnston
Managing Director, RFPSOLUTIONS INC.

________________________
Steve Johnston
Fairness Monitor Specialist

________________________
Stephen Fleming, P.Eng.
FM Team Leader