New bridge for the St. Lawrence corridor independent engineer

On this page

• Phase 1: Background and introduction
  • Project requirement
  • Attestation of assurance
  • Objectives of the fairness monitor assignment and methodology
  • Fairness monitor specific activities and findings
  • Reference documents
• Phase 2: Background and introduction
  • Project requirement
  • Attestation of assurance
  • Objectives of the fairness monitor assignment and methodology
  • Fairness monitor specific activities and findings
  • Reference documents
• Addendum to final report, July 24, 2015

Phase 1: Background and introduction

As Fairness Monitor (FM), Knowles Consultancy Services Inc. and Hill International Inc. in Joint Venture (hereafter referred to as the Fairness Monitor) hereby submits its Fairness Monitor Contractor’s Request for Proposals (RFP) Phase 1 Final Report (FM RFP Phase 1 Final Report) pertaining to the competitive procurement process for the selection of companies that were qualified to serve as the Independent Engineer (IE) for the New Bridge for the St. Lawrence Corridor (NBSLC) Project. This competitive procurement process was undertaken by Public Works and Government Services Canada (PWGSC) for Infrastructure Canada (INFC) through Letter of Interest (LOI) Solicitation Number E6MON-140001/A and LOI Solicitation Number E6MON-140001/B. The Request for Proposals (RFP) was issued through Solicitation Number QA002-142861/A.

Knowles Consultancy Services Inc. and Hill International Inc. in Joint Venture is an independent third party with respect to this activity.

Proponents responding to the RFP were requested to submit a proposal in two phases. Phase 1 proposals covered only the skills, abilities, experience and organization of the proponent and its team which would be assessed against identified evaluation criteria in order to establish a list of qualified IEs. Phase 2 proposals will cover the detailed experience of the team, the understanding of the mandate, the intended method of work and proposed prices. The proposals submitted for Phase 1 and Phase 2 would constitute the final proposal. Proponents not meeting the requirements of Phase 1 would not be invited to submit a proposal for Phase 2.

This FM RFP Phase 1 Final Report covers our activities commencing on November 21, 2014 through the LOI industry consultation phase, the issuance of the RFP, the evaluation of the Phase 1 proposals and the selection of the Phase 1 qualified IEs.

This report includes our attestation of assurance, a summary of the scope and objectives of our assignment, the methodologies applied, and details of our activities, including any relevant findings from the activities undertaken.

Project requirement phase 1

The purpose of the RFP Phase 1 competitive procurement process is to qualify Independent Engineers (IE) for the NBSLC Project. The services of an IE are required during the design, construction and operational phases of the NBSLC Project. Reporting jointly to Canada and the selected Private Partner (PP). The IE will provide third party assurance that both parties respect the Project Agreement. The IE will monitor and attest as to the compliance on identified outputs from the PP, pursuant to the terms of the NBSLC Project Agreement, including the progress and quality of work.

Attestation of assurance phase 1

The Fairness Monitor (FM) hereby provides the unqualified assurance statement which follows concerning the competitive procurement process for the Request for Proposals (RFP) Phase 1 qualification of Independent Engineers (IE) for the New Bridge for the St. Lawrence Corridor (NBSLC) Project.

It is the professional opinion of the Fairness Monitor that the competitive procurement process for the Phase 1 qualification of Independent Engineers (IE) was conducted in a fair, open and transparent manner.

“Fair” is defined as decisions made objectively, free from bias, favouritism or influence and conform to established rules.

“Open” is defined as an activity that is accessible to all potential participants, without unjustified restrictions as to who may participate.

“Transparent” is defined as providing information to the public and interested parties in a timely manner that facilitates public scrutiny.

Objectives of the fairness monitor assignment and methodology phase 1

The overall objective was to provide independent observation of the procurement process and to submit fairness related comments to project officials for the procurement, as early as possible, so that appropriate action could be taken to address the comments before fairness was impacted. The Director, Fairness Monitoring would be advised of any fairness related concerns that were not addressed promptly. At the conclusion of the procurement process an assurance statement as to its fairness would be provided.

To accomplish the objective we undertook the following activities and, where applicable, provided fairness related comments to the Contracting Authority:

• became familiar with the project governance structure and background information
• reviewed the Request for Proposals (RFP) in draft and final form
• reviewed all amendments to the Request for Proposals (RFP) as well as questions submitted by bidders and answers provided
• observed the Bidders’ Conference
• reviewed the procedures to be used for the evaluation of responses and the guidance provided to the evaluation team
• observed the evaluation of responses to the Request for Proposals (RFP) Phase 1 to ensure that the specified bid evaluation and selection procedures and departmental policy were followed and consistently applied during the evaluation and selection process
• observed the debriefing of bidders (This activity will be reported on in an addendum to this report after any debriefings)

Fairness monitor specific activities and findings phase 1

Fairness monitor specific activities and findings related to the letter of interest industry consultation phase

On December 11, 2014, we reviewed LOI Solicitation Number E6MON-140001/A that had been previously published on BuyandSell on October 21, 2014 (Document 1) and Amendment 1 (Document 2) published on October 24, 2014. This LOI had a closing date of December 2, 2014.

On December 11, 2014, we reviewed a second LOI Solicitation Number E6MON-140001/B. published on December 10, 2014 (Document 3). This LOI had the same content as the previous LOI. Its purpose was to keep the LOI active until the closing date of January 26, 2015.

No fairness-related deficiencies were identified in either of the two LOIs.

During the period January 6 to 9, 2015 we reviewed draft versions of the RFP and provided fairness related comments. Appropriate actions were taken by project officials.

Fairness monitor specific activities and findings during the request for proposals phase 1

During the period January 6 to 23, 2015, we reviewed draft and final versions of the RFP and provided fairness related comments to the Contracting Authority. Appropriate actions were taken by project officials.

The RFP was released to BuyandSell on January 13, 2015 (Document 4).

On January 29, 2015 we observed the information sessions (English and French) for bidders in Montreal during which attendees were provided a background briefing on the project and an overview of the RFP process and submission requirements. Access to the session was also available through WEBEX. No fairness deficiencies were identified.

During the period from January 13, 2015 to the closing date of the RFP we reviewed draft and final versions of Amendments 1 to 4 (Documents 5 to 8) to the RFP. These amendments included Questions and Answers (Qs & As) 1 to 26. Based on our reviews we provided fairness related comments to the Contracting Authority. Appropriate action was taken by project officials.

The RFP Phase 1 closed on February 19, 2015.

Fairness monitor activities and findings concerning the evaluation of responses to the request for proposals phase 1

During the period February 9 to 19, 2015, we reviewed the Evaluation Supporting Documents for Phase 1 and 2: Guide à l’intention du Comité d’évaluation; Mémo aux membres du Comité d’évaluation; Déclaration en matière de confidentialité et de conflits d’intérêts; and Points à discuter avec les membres du Comité d’évaluation (These documents were not available in the English language). Based on our review we provided fairness related comments to the Contracting Authority and an appropriate action was taken.

On February 23, 2015, we observed the training session provided for evaluators to the Phase 1 and 2 evaluations. No fairness deficiencies were identified.

During the period March 3, 2015 to March 5, 2015, we observed the consensus evaluation meeting of the Evaluation Team of Rated Evaluation Criteria for Phase 1 at which consensus ratings and rationales for the consensus ratings were agreed. Fairness related comments were provided during the consensus process and appropriate actions were taken by project officials.

Reference documents phase 1

The following documents are referenced by number in this report. Unless otherwise indicated, these documents are available through the Contracting Authority for the IE for the NBSLC Project.

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	First LOI	Published on buyandsell.gc.ca on October 21, 2014
2	Amendment 1 to LOI	Published on buyandsell.gc.ca on October 24, 2014
3	Second LOI	Published on buyandsell.gc.ca on December 10, 2014
4	RFP	Published on buyandsell.gc.ca on January 13, 2015
5	Amendment 1 to RFP	Published on buyandsell.gc.ca on January 21, 2015
6	Amendment 2 to RFP	Published on buyandsell.gc.ca on January 21, 2015
7	Amendment 3 to RFP	Published on buyandsell.gc.ca on February 5, 2015
8	Amendment 4 to RFP	Published on buyandsell.gc.ca on February 12, 2015

Phase 2: Background and introduction

As Fairness Monitor (FM), Knowles Consultancy Services Inc. and Hill International Inc. in Joint Venture (hereafter referred to as the Fairness Monitor) hereby submits its Fairness Monitor Contractor’s Request for Proposals (RFP) Phase 2 Final Report (FM RFP Phase 2 Final Report) pertaining to the competitive procurement process for the selection of companies that were qualified to serve as the Independent Engineer (IE) for the New Bridge for the St. Lawrence Corridor (NBSLC) Project. This competitive procurement process was undertaken by Public Works and Government Services Canada (PWGSC) for Infrastructure Canada (INFC) through Letter of Interest (LOI) Solicitation Number E6MON-140001/A and LOI Solicitation Number E6MON-140001/B. The Request for Proposals (RFP) was issued through Solicitation Number QA002-142861/A.

Knowles Consultancy Services Inc. and Hill International Inc. in Joint Venture is an independent third party with respect to this activity.

An FM RFP Phase 1 Final Report covering our activities commencing on November 21, 2014 through the LOI industry consultation phase, the issuance of the RFP, the evaluation of the Phase 1 proposals and the selection of the Phase 1 qualified (IEs) was provided on July 10, 2015.

This RFP Phase 2 Final Report covers our activities commencing with the issuance of the invitation letter to the proponents that had qualified in the RFP Phase 1 evaluation to submit a proposal in response to the RFP Phase 2 through the evaluation of RFP Phase 2 proposals and the establishment of the list of proponents which had obtained the required pass scores on RFP Phase 2. A list of firms whose proposals obtained the required pass scores on the Phase 2 evaluation was submitted by Canada to the designated Private Partner (PP) for the NBSLC Project. The PP will choose the proponent with which it will enter into the agreement for the services of an IE for the NBSLC project. Canada did not provide the evaluation results of the RFP Phase 2 concerning the qualified IEs to the PP.

This report includes our attestation of assurance, a summary of the scope and objectives of our assignment, the methodologies applied, and details of our activities, including any relevant findings from the activities undertaken.

Project requirement phase 2

The purpose of the RFP Phase 2 competitive procurement process is to select a list of Independent Engineers (IE) for the NBSLC Project. The services of an IE are required during the design, construction and operational phases of the NBSLC Project. Reporting jointly to Canada and the selected PP, the IE will provide third party assurance that both parties respect the Public-Private Partnership Project Agreement. The IE will monitor and attest compliance on identified outputs from the PP, pursuant to the terms of the NBSLC Project Agreement, including the progress and quality of work.

Attestation of assurance phase 2

The Fairness Monitor (FM) hereby provides the unqualified assurance statement which follows concerning the competitive procurement process for the Phase 2 selection of Independent Engineers (IE) for the New Bridge for the St. Lawrence Corridor (NBSLC) Project.

It is the professional opinion of the Fairness Monitor that the competitive procurement process for the Phase 2 selection of Independent Engineers (IE) was conducted in a fair, open and transparent manner.

“Fair” is defined as decisions made objectively, free from bias, favouritism or influence and conform to established rules.

“Open” is defined as an activity that is accessible to all potential participants, without unjustified restrictions as to who may participate.

“Transparent” is defined as providing information to the public and interested parties in a timely manner that facilitates public scrutiny.

Objectives of the fairness monitor assignment and methodology phase 2

The overall objective was to provide independent observation of the procurement process and to submit fairness related comments to project officials for the procurement, as early as possible, so that appropriate action could be taken to address the comments before fairness was impacted. The Director, Fairness Monitoring would be advised of any fairness related concerns that were not addressed promptly. At the conclusion of the procurement process an assurance statement as to its fairness would be provided.

To accomplish the objective we undertook the following activities and, where applicable, provided fairness related comments to the Contracting Authority:

• became familiar with the project governance structure and background information
• reviewed the RFP in draft and final form
• reviewed all amendments to the RFP as well as questions submitted by bidders and answers provided
• reviewed the procedures to be used for the evaluation of responses and the guidance provided to the evaluation team
• observed the evaluation of responses to the RFP Phase 2 to ensure that the specified bid evaluation and selection procedures and departmental policy were followed and consistently applied during the evaluation and selection process
• observed the debriefing of bidders (This activity will be reported on in an addendum to this report after any debriefings)

Fairness monitor specific activities and findings phase 2

Fairness monitor specific activities and findings during the request for proposals phase 2

On March 17, 2015, we reviewed a draft version of the invitation letter to proponents which qualified under Phase 1 of the RFP, inviting them to submit a proposal in response to Phase 2 of the RFP. The letter also invited the qualified proponents to come to the Contracting Authority’s office to consult background technical documents related to the NBSLC project. No fairness deficiencies were identified.

The invitation letter was issued by the Contracting Authority on March 18, 2015 (Document 1).

On April 15 and 17, 2015 we reviewed Questions and Answers (Qs & As) 1 to 24 (Document 2). Based on our reviews we provided fairness related comments to the Contracting Authority. Appropriate action was taken by project officials.

The RFP Phase 2 closed on April 30, 2015.

Fairness monitor activities and findings on the evaluation of responses to the request for proposals phase 2

During May 6 and 7, 2015, we observed the consensus evaluation meeting of the Evaluation Team of Rated Evaluation Criteria for RFP Phase 2 at which consensus ratings and rationales for the consensus ratings were agreed with the exception of one proponent where a clarification of its bid was needed. On May 13, 2015, the Contracting Authority raised a bid clarification question to one of the proponents with a deadline to respond of May 19, 2015. The proponent did not respond to the clarification question within the time allowed. The Evaluation Team finalised the evaluation report on May 26, 2015.

Fairness related comments were provided during the consensus process and prior to the issue of the clarification question and appropriate actions were taken by project officials.

On June 1, 2015 the Contracting Authority issued letters to the proponents (Document 3) advising them as to whether they were selected or not. The selection was subject to obtaining the required security clearance by June 15, 2015. The letters were reviewed prior to their release and no fairness deficiencies were identified.

On June 18, 2015, the Contracting Authority issued the final evaluation results to all proponents (Document 4). The letter was reviewed prior to its release and no fairness deficiency was identified.

Reference documents phase 2

The following documents are referenced by number in this report. Unless otherwise indicated, these documents are available through the Contracting Authority for the Independent Engineers (IE) for the New Bridge for the St. Lawrence Corridor (NBSLC) Project.

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	RFP Phase 2 Invitation Letter	Released by email on March 18, 2015
2	Questions and Answers 1 to 24	Released by email on April 15 and 17, 2015
3	Letters to proponents advising them of the selection results	Released by email on June 1, 2015
3	Final evaluation results	Released by email on June 18, 2015

Addendum to final report, July 24, 2015

Addendum to fairness monitor final report dated July 10, 2015 concerning the qualification of independent engineers for the new bridge for the St. Lawrence corridor

This Addendum to the Fairness Monitor Final Report covers the post evaluation activities including the debriefings provided to unsuccessful proponents. The contract award activities are excluded from the Final Report and this Addendum because the selection of the Independent Engineer and the contract award was done by the New Bridge for the St. Lawrence Corridor (NBSLC) selected proponent with no involvement of the Fairness Monitor.

On June 18, 2015, debriefing letters, which we had previously reviewed, were forwarded to all proponents informing them of the results of the evaluation of bids. Each letter provided the evaluation results for the RFP Phase 1 and Phase 2 as well as their total final score. The letters also invited proponents to request a detailed debriefing if they so wished. In preparation for each requested detailed verbal debriefing, the Contracting Authority issued a detailed evaluation report to each proponent which had requested a verbal debriefing. The reports were reviewed by the Fairness Monitor prior to issuance to each proponent. Following the issuance of the report to one of the proponents, the proponent declined the requested debriefing. On July 10 and 23, 2015 we observed detailed verbal debriefings that were provided to two unsuccessful proponents.

Fairness monitor attestation of assurance

It is the professional opinion of the Fairness Monitor that the post evaluation activities, including the debriefings, were carried out in a fair, open and transparent manner.