The Randle Reef sedimentation remediation project stage 1 – construction engineering services 2

Table of contents

• 1. Introduction
• 2. Project Requirement
• 3. Attestation of assurance
• 4. Methodology
• 5. Fairness Monitor activities and observations
  • 5.1 Procurement planning/pre-issue stage
  • 5.2 Request for Proposal posting
  • 5.3 Request for Proposal close
  • 5.4 Evaluation instructions
  • 5.5 Mandatory review
  • 5.6 Technical evaluation
  • 5.7 Price Evaluation and proponent Selection
• 6. Reference Documents

1. Introduction

The Randle Reef Sedimentation Remediation Project is a multi-stage project with services being procured through up to five publicly tendered processes.

RFPSolutions Inc. was engaged on November 26, 2013 as a Fairness Monitor (FM) to observe all stages of the competitive procurement processes associated with the Randle Reef Sediment Remediation Project. Each competitive procurement process will be subject to individual reporting.

This document reports the observations of the Fairness Monitor with respect to the competitive procurement process for Stage 1 Construction Engineering Services for the Randle Reef Sediment Remediation Project, issued by Public Works and Government Services Canada (PWGSC) on behalf of Environment Canada as a result of Solicitation Number EQ754-141656/B. This bid solicitation cancels and supersedes a previous bid solicitation; that was Solicitation Number EQ754-141656/A dated December 10, 2013 with a closing of March 11, 2014.

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

We hereby submit this Request for Proposal (RFP) Final Report, covering the activities of the Fairness Monitor, commencing with the Draft RFP prior to posting on the Government Electronics Tendering System (Buyandsell.gc.ca), continuing through the response to enquiries from potential bidders leading to the bid closing period and subsequent evaluation and selection of the highest ranked proponent to be recommended for contract award.

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

2. Project requirement

The Randle Reef Sediment Remediation Project is a multi-stage project to dredge and contain 630,000 m³ of contaminated sediment to reduce the environmental impacts of contaminants including polycyclic aromatic hydrocarbons (PAHs) and heavy metals in Hamilton Harbour. The project will lead to the restoration and eventual delisting of the Hamilton Harbour as an Area of Concern.

Environment Canada (EC) is the lead agency for a group of funding partners involved in the project. The funding partners include the Ontario Ministry of the Environment, Hamilton Port Authority, U.S. Steel, City of Hamilton, City of Burlington and Region of Halton. EC has contracted PWGSC to carry out the procurement and project management for the remediation.

The project will be completed in three distinct stages:

1. Stage 1 - Construction of a marine double wall Engineered Containment Facility (ECF) enclosure and a wharf at Pier 15. This includes dredging of contaminated sediments from between the walls and backfilling with clean rock fill.
2. Stage 2 - Dredging of contaminated sediments and depositing them within the ECF up to water level. Other remediation areas will be capped using both thin layer capping and isolation capping techniques.
3. Stage 3 - ECF sediment dewatering, capping above water level and consolidating of contaminated sediments within the ECF structure with engineered materials (stone, sand, geotextiles, geomembranes, pipes, asphalt etc.).

Project services are being procured through up to five publicly tendered processes:

1. Stage 1 - Construction Engineering Services (Construction Supervisor);
2. Stage 1 - Randle Reef Sediment Remediation (Construction Services);
3. Stage 2 and 3 - Construction Engineering Services (Construction Supervisor);
4. Stage 2 - Randle Reef Sediment Remediation (Dredging and Capping Services);
5. Stage 3 - Randle Reef Sediment Remediation (Dewatering, Capping and Containment Services).

3. Attestation of assurance

The FM hereby provides the following unqualified assurance statement concerning the Randle Reef Sediment Remediation Project.

It is our professional opinion that the stage 1 – construction engineering services RFP processwe have observed has been carried out in a fair, open and transparent manner.

4. Methodology

In accordance with the terms of our engagement, we familiarized ourselves with the relevant documents, observed the pre-bid solicitation and bid solicitation activities 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.

5. Fairness Monitor activities and observations

5.1 Procurement planning/pre-issue stage

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

• Supplementary Instructions to Proponents;
• Terms, Conditions and Clauses of a Resulting Agreement;
• Project Brief;
• Submission Requirements and Evaluation, including Evaluation and Rating;
• Team Identification Format;
• Declaration/Certifications Form; and
• Price Proposal Form.

RFPSolutions Inc. provided assurance as to the impartiality 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.

Observations

In reviewing the draft RFP documentation, no fairness concerns were identified by the Fairness Monitor.

5.2 Request for proposal posting

The RFP (dated May 6, 2015) was issued to potential proponents via the Government Electronic Tendering System (Buyandsell.gc.ca) on May 7, 2015; the final closing date was on June 16, 2015 at 2:00 pm Eastern Daylight Saving Time.

A total of 14 questions were received; responses to the questions were provided to all potential proponents as amendments via the Government Electronic Tendering System. A total of one revision to the terms and conditions of the solicitation was issued as an amendment via the Government Electronic Tendering System. Each question and revision was reviewed by the Fairness Monitor.

Observations

No fairness considerations were identified with respect to the responses to questions and revision to the terms and conditions of the solicitation.

5.3 Request for proposal close

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

Observations

Six proposals were received and handled in accordance with the 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 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 Mandatory review

Following RFP closing, the review of the mandatory requirements was undertaken by the PWGSC Contracting Authority of the six proposals received. All six proposals were deemed to be responsive to the mandatory requirements stated in the RFP; thus these proposals were eligible to proceed to the technical evaluation stage.

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

Observations

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

5.6 Technical evaluation

Each of the technical proposals that met the mandatory requirements was individually reviewed and scored by each member of the Evaluation committee. The evaluators then convened at a consensus meeting on June 29, 2015 to identify the technical score of each of those proposals.

The RFP required a minimum technical evaluation threshold to be deemed a responsive proposal and proceed to the financial evaluation.

Five of the six proposals achieved the minimum technical evaluation threshold to be deemed a responsive proposal and proceed to the financial evaluation.

The Fairness Monitor was present and monitored the technical evaluation consensus process. The Fairness Monitor provided assurance that it was undertaken in a consistent fashion and that the results reflected the consensus of all Evaluation committee members.

Observations

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

5.7 Price evaluation and proponent selection

In accordance with the RFP, a total evaluated fee was provided by the proponents, and selection of the highest ranked proponent to be recommended for contract award was based on the responsive proposal with the highest total score that placed a weighting of 60% on the technical rating and 40% on the price rating.

The price envelopes of the five proponents that met the technical threshold were opened by the Contracting authority on June 29, 2015 following completion of the consensus evaluation. The Contracting Authority performed due diligence and verified the fee details on the pricing form provided by these proponents. A financial evaluation summary sheet was prepared by the Contracting Authority and verified by the Fairness Monitor.

The Contracting Authority then prepared an evaluation summary sheet which included the combined scoring of proponents and this summary was also verified by the Fairness Monitor.

Observations

The selection of the highest ranked proponent to be recommended for contract award was consistent with the provisions and methodology outlined in the RFP.

6. 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.

No.	Document	Additional information
1	Request for Proposal (One Phase Procedure) Randle Reef – Sedimentation Remediation: Stage 1 - Construction Engineering Services Hamilton Harbour (EQ754-141656/B)	May 7, 2015
2	Solicitation Amendment No. 001 - Randle Reef – Sedimentation Remediation: Stage 1 - Construction Engineering Services Hamilton Harbour (EQ754-141656/B)	June 8, 2015
3	Solicitation Amendment No. 002 - Randle Reef – Sedimentation Remediation: Stage 1 - Construction Engineering Services Hamilton Harbour (EQ754-141656/B)	June 10, 2015

Addendum to the final report
October 5, 2015

Addendum to the Fairness Monitor Final Report dated August 6, 2015 pertaining to the competitive procurement process for Stage 1 – Construction Engineering Services for the Randle Reef Sediment Remediation Project, issued by Public Works and Government Services Canada (PWGSC) on behalf of Environment Canada as a result of Solicitation Number EQ754-141656/B.

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. The notification of contract award was posted on BuyandSell.ca July 16, 2015. All unsuccessful bidders were subsequently advised by e-mail and letter mail on July 16, 2015 that their bids were not accepted for contract award and that they were entitled to a debriefing.

Three (3) unsuccessful proponents requested debriefings. The debriefings of these proponents were conducted by the PWGSC Contracting Authority and Technical Authority via telephone on October 2, 2015. The FM was present via telephone to observe that these debriefings 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 Stage 1 – Construction Engineering Services for the Randle Reef Sediment Remediation Project.

It is our professional opinion that the Stage 1 – Construction Engineering Services for the Randle Reef Sediment Remediation Project solicitation processwe observed, was carried out in a fair, open and transparent manner.