Immigration Holding Centre

On this page

• 1. Introduction
• 2. Attestation of assurance
• 3. Project requirement
• 4. Methodology
• 5. Reference documents
• 6. Addendum to final report, January 10, 2017

1. Introduction

Samson & Associates was engaged as a Fairness Monitor (FM) on February 12, 2014 to observe the competitive selection process for the provision of an Immigration Holding Centre (IHC) in the Greater Toronto Area (GTA), issued by Public Services and Procurement Canada (PSPC) on behalf of the Canada Border Service Agency (CBSA) as a result of solicitation 47636-178281 (referred to as RFP 2015) and 47636-187661 (referred to as RFP 2016). The RFP 2015 solicitation was cancelled after contract award and the solicitation for RFP 2016 was issued for the same requirement. Samson & Associates is an independent third party with respect to this activity.

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.

We hereby submit the Final Report covering the activities of the FM, commencing with the Letter of Interest (LOI) posting and continuing through to the Request for Proposal (RFP) evaluation phase for RFP 2016.

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. Attestation of assurance

The Fairness Monitor hereby provides the following unqualified assurance statement concerning the competitive selection process for the provision of an Immigration Holding Centre in the Greater Toronto Area, commencing with the Letter of Interest posting and continuing through to the Request for Proposal evaluation phase for RFP 2016.

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.

3. Project requirement

Canada's Immigration and Refugee Protection Act (IRPA) stipulates who is inadmissible to Canada, including: security threats (espionage, subversion, terrorism, threat to Canadians etc.); human or international rights violators, and criminals (including organized crime). Under the IRPA, the CBSA is empowered with the right to arrest, detain and remove permanent residents and foreign nationals who are found to be inadmissible to Canada. The CBSA also has the statutory obligation to remove individuals as soon as possible. The CBSA is the sole federal accountable immigration detention authority, and as such, is responsible for the care and control of immigration individuals detained under the IRPA (Detainees).

Detention is normally used at the beginning of the enforcement process when the identity of the person is not established or the person is believed to be a danger to the public and, at the end of the process when removal is imminent and the person is unlikely to appear for removal.

CBSA has a requirement for the provision of an IHC to be fully operational and in service by January 1, 2017. The contractor must provide the facility, housekeeping services, maintenance services and food services in accordance with the requirements.

4. Methodology

Samson & Associates was engaged as a FM to observe the competitive selection process for the provision of an IHC in the GTA, 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 (for example, LOI, RFP 2015, RFP 2016, the respective questions and responses and site visits, as well as both RFP evaluations), identified fairness-related matters to the contracting and technical authorities, and ensured that responses and actions were reasonable and appropriate.

4.1 Fairness monitor activities and observations – Level of interest phase

A LOI was issued via buyandsell.gc.ca on March 7, 2014 to alert the vendor community of the intended requirement as well as to invite interested vendors to attend the optional Industry Day. The purpose of the Industry Day was to engage in a dialogue regarding IHC requirements.

The Immigration Holding Centre Industry Day session was held on March 18, 2014 in Mississauga, Ontario. The event, attended by five suppliers, provided a forum for Canada to engage industry in order to review the scope of the requirement, the security requirements and to answer questions from industry.  The FM reviewed the LOI document and attended the Industry Day session.

The questions and answers provided throughout the LOI Phase were documented, reviewed by the FM, and published on buyandsell.gc.ca between April 17, 2014 and May 15, 2014. The solicitation closed on May 22, 2014.

No fairness issues were identified.

4.2 Fairness monitor activities and observations – Request for proposals 2015 phase

The first RFP was posted via buyandsell.gc.ca on August 25, 2014 and closed January 30, 2015.

Questions from the potential bidders were accepted and answers were addressed and distributed via buyandsell.gc.ca prior to the closing date. The FM reviewed the RFP as well as all questions and answers provided during the RFP period to ensure fairness-related considerations were satisfactorily addressed.

On December 2, 2014, a site visit was held in Mississauga, Ontario, which the FM attended in person.

At the close of the RFP, 12 amendments were communicated as a result of questions from potential proponents and requested clarifications. The FM reviewed all the amendments. Two proponents submitted a proposal.

Observations

Questions arising during the RFP 2015 phase and the potential bidders’ meeting were handled in accordance with the terms of the RFP and responses were clear, understandable and communicated to all vendors in a timely fashion. All fairness considerations were satisfactorily addressed.

4.3 Fairness monitor activities and observations – Request for proposals 2015 evaluation phase

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

An information session for the technical evaluation team attended by the contracting authority and the FM was held on January 30, 2015. The evaluation of the technical bids began on February 2, 2015. The five technical evaluators attended the consensus meetings along with the contracting authority and FM. The consensus meetings were completed on February 6, 2015.

Following the RFP 2015 evaluation phase, the solicitation was cancelled.

Observations

The instructions and tools for the evaluators were complete, respected the terms of the RFP and were consistent with the principles and practices of fairness. Evaluations were executed fairly. Evaluation criteria, weighting, points and passing notes complied with what had been established in the RFP. The evaluation was performed as described by the RFP. The scoring was performed in accordance with the criteria. Consensus discussions were open, all evaluators were present, and a consensus was reached for all the criteria.

4.4 Fairness monitor activities and observations – Request for proposals 2016 phase

The RFP 2016 was posted via buyandsell.gc.ca on February 19, 2016 and closed April 19, 2016.

Questions from the potential bidders were accepted and answers were addressed and distributed via buyandsell.gc.ca prior to the closing date. The FM reviewed the RFP document as well as all questions and answers provided during the RFP period to ensure fairness-related considerations were satisfactorily addressed.

On February 29, 2016, a site visit was held in Mississauga, Ontario, which the FM attended in person.

At the close of the RFP 2016, six amendments were communicated as a result of questions from potential proponents and requested clarifications. Two proponents submitted a proposal.

Observations

Questions arising during the RFP 2016 phase and the potential bidders’ meeting were handled in accordance with the terms of the RFP and responses were clear, understandable and communicated to all vendors in a timely fashion. All fairness considerations were satisfactorily addressed.

4.5 Fairness monitor activities and observations – Request for proposals 2016 evaluation phase

The FM reviewed the evaluation plan and framework, scorecards and summary consensus forms of the evaluators. The evaluation of bids in this phase consisted of the review of the documentation submitted by the bidders.

The initial evaluation of the technical bids began on April 22, 2016. Prior to consensus, the evaluators advised the contracting authority that the bidders were not meeting mandatory requirements. This was confirmed and, as permitted by PSPC policies, the bidders were provided until April 28, 2016 to submit their bids to a re-tendered RFP.  The initial evaluation was limited to the individual evaluation by the evaluators, no consensus evaluation was conducted. The FM reviewed necessary supporting documentation to assess the fairness of the decision and reviewed communications with the bidders.

Following the submission of the bidder’s proposals, an information session for the technical evaluation team attended by the contracting authority was held on May 2, 2016 by telephone. The FM was not present during this session, however, the process was reviewed and understood to ensure no fairness deficiencies were noted.   The five technical evaluators attended the consensus meetings for the re-tendered RFP along with the contracting authority and FM. The consensus meetings were completed on May 4, 2016.

Observations

The instructions and tools for the evaluators were complete, respected the terms of the RFP and were consistent with the principles and practices of fairness. Evaluations were executed fairly. Evaluation criteria, weighting, points and passing notes complied with what had been established in the RFP. The evaluation was performed as described by the RFP. The scoring was performed in accordance with the criteria. Consensus discussions were open, all evaluators were present, and a consensus was reached for all the criteria.

5. Reference documents

The following documents referenced by number in this report and unless otherwise indicated, are all available through PSPC.

Letter of interest documents by publication date

No.	Documents	Date
1	Letter of Interest and Industry Day Notice	Published on buyandsell.gc.ca on March 7, 2014
2	Immigration Holding Centre Industry Day Presentation and Minutes	Published on buyandsell.gc.ca on April 17, 2014
3	Solicitation Amendment no. 001	Published on buyandsell.gc.ca on April 30, 2014
4	Solicitation Amendment no. 002	Published on buyandsell.gc.ca on May 16, 2014

Request for proposal documents by publication date

No.	Documents	Date
1	RFP published	Published on buyandsell.gc.ca on August 25, 2014
2	Site Visit	Held on December 2, 2014
3	Amendment no. 1	Published on buyandsell.gc.ca on September 11, 2014
4	Amendment no. 2	Published on buyandsell.gc.ca on September 17, 2014
5	Amendment no. 3	Published on buyandsell.gc.ca on October 2, 2014
6	Amendment no. 4	Published on buyandsell.gc.ca on October 14, 2014
7	Amendment no. 5	Published on buyandsell.gc.ca on November 24, 2014
8	Amendment no. 6	Published on buyandsell.gc.ca on December 3, 2014
9	Amendment no. 7	Published on buyandsell.gc.ca on December 19, 2014
10	Amendment no. 8	Published on buyandsell.gc.ca on January 6, 2015
11	Amendment no. 9	Published on buyandsell.gc.ca on January 14, 2015
12	Amendment no. 10	Published on buyandsell.gc.ca on January 16, 2015
13	Amendment no. 11	Published on buyandsell.gc.ca on January 20, 2015
14	Amendment no. 12	Published on buyandsell.gc.ca on January 21, 2015
15	RFP Bid Evaluation Plan and Technical Evaluation Worksheet	Distributed by email on January 30, 2015

Request for proposal 2016 documents by publication date

No.	Documents	Date
1	RFP published	Published on buyandsell.gc.ca on February 19, 2016
2	Site Visit	Held on February 29, 2016
3	Amendment no. 1	Published on buyandsell.gc.ca on February 29, 2016
4	Amendment no. 2	Published on buyandsell.gc.ca on March 10, 2016
5	Amendment no. 3	Published on buyandsell.gc.ca on April 1, 2016
6	Amendment no. 4	Published on buyandsell.gc.ca on April 11, 2016
7	Amendment no. 5	Published on buyandsell.gc.ca on April 15, 2016
8	Amendment no. 6	Published on buyandsell.gc.ca on April 18, 2016
9	RFP Bid Evaluation Plan and Technical Evaluation Worksheet	Distributed by email on April 20, 2016 and May 2, 2016

6. Addendum to final report, January 10, 2017

Addendum to fairness monitor final report dated July 20, 2016 on the competitive selection process for the provision of an Immigration Holding Centre in the greater Toronto area, Ontario, issued by Public Services and Procurement Canada for the Canada Border Services Agency.

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

Fairness monitor activities related to contract award and debriefings

There were two (2) bids submitted in response to the Request for Proposal. The bidders were advised of the results and contract award on November 28, 2016.

A debriefing letter, which provided information of the results of the evaluation, was provided to the bidders on November 28, 2016.  Meetings to discuss the results of the evaluation were not requested.

Fairness monitor attestation of assurance

The FM hereby provides the following unqualified assurance statement concerning the competitive selection process for the provision of an Immigration Holding Centre in the Greater Toronto Area, Ontario.

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