Trent-Severn Waterways Infrastructure project—Central bundle construction manager

On this page

• 1. Introduction
• 2. Project requirement
• 3. Attestation of assurance
• 4. Methodology
• 5. Fairness monitoring activities and observations
• 6. Reference documents
• 7. Addendum to final report, March 15, 2017

1. Introduction

Public Services and Procurement Canada (PSPC) has partnered with Parks Canada Agency (PCA) to deliver this infrastructure project on the Trent-Severn Waterway (TSW) over the next 4 years. The objective of the project is to improve the structural integrity and public safety on the waterway while protecting its heritage value and character defining elements to the extent possible and promoting visitor experience.

KPMG was engaged on February 15, 2016 as a Fairness Monitor (FM) to observe the Request for Proposal (RFP) processes for Trent-Severn Waterway Infrastructure, in particular the central bundle construction manager procurement process, issued by PSPC on behalf of PCA as a result of Solicitation EQ754-170861/A.

The procurement process was conducted to retain the services of a Construction Manager to provide construction related advice during the design phase, procurement of subcontractors to undertake the work and act as general contractor and constructor during the work for all sites identified in and as defined in the Terms of Reference (TOR).

KPMG is an independent third party with respect to this activity.

The procurement process involved a RFP, which was issued by PSPC on August 29, 2016. Bidders were invited to submit bids and the RFP required firms to demonstrate the qualifications, expertise, availability, experience and organization of the proposed team, but also the detailed approach to the work, and the pricing and terms offered. An optional site visit with bidders took place on September 15, 2016. The consensus evaluation board meeting took place on November 15, 2016. We reviewed all of the information provided and observed all relevant activities.

We hereby submit the Final Report, covering the activities of the Fairness Monitor, commencing with the Draft RFP prior to posting on buyandsell.gc.ca continuing through the RFP closing on November 3, 2016 and the evaluation of proposals leading to the identification of the successful proponent.

This report includes our attestation of assurance, a summary of the scope and objectives of our assignment, and relevant observations from the activities undertaken.

2. Project requirement

PSPC has partnered with PCA to deliver this infrastructure project on the Trent-Severn Waterway (TSW) over the next 4 years. The objective of the project is to improve the structural integrity and public safety on the waterway while protecting its heritage value and character defining elements to the extent possible and promoting visitor experience.

In order to achieve the project objectives, PSPC will engage the services of a construction manager to provide construction related advice during the design phase, and procurement of subcontractors, to undertake the work and act as general contractor and constructor during the work for all sites identified in and as defined in the TOR. The Project requires a construction management firm with experience in waterway infrastructure design and rehabilitation with significant heritage considerations. PSPC intends to engage up to four design consultants a, in some cases, in-house staff to prepare the design and construction documents for this project through separate RFPs.

The construction manager will act as commissioning manager to establish the client’s criteria for system function, performance and maintainability, and to verify and document compliance with these criteria throughout design, construction, start-up, initial period of operation, and seasonal testing. PSPC may engage additional specialty consultants to assist with various aspects of the work. The construction manager shall work in collaboration with the design consultants, the prime consultant, the project team and all stakeholders through the departmental representative.

The Central Bundle includes the following sites:

1. Site A: Dam at Lock 22 - Nassau Mills , County Road 32, (+/- 8km north of Peterborough, Ontario)
2. Site B: Dam at Lock 23 - Otonabee , County Road 32, (+/- 8.5km north of Peterborough, Ontario)
3. Site C: Dam at Lock 24 - Douro , County Road 32, (+/- 11.5km north of Peterborough, Ontario)
4. Site D: Dam at Lock 25 - Sawyer Creek , County Road 32, (+/- 13km north of Peterborough, Ontario)
5. Site E: Dam and Lock 19—Scott’s Mills; (within Peterborough, Ontario)
6. Site F: Burleigh Falls Dams; (+/- 33km north of Peterborough, Ontario)
7. Site G: Peterborough Earth Dams Rehabilitation; (within Peterborough, Ontario)
8. Site H: Guard Gate—Trent Canal (located, at the north end of the City of Peterborough, Ontario)

3. Attestation of assurance

The Fairness Monitor hereby provides the following unqualified assurance statement concerning the competitive procurement process for Trent-Severn waterways infrastructure—central bundle construction manager. It is our professional opinion that the competitive procurement process we observed, was carried out in a fair, open and transparent manner.

4. Methodology

KPMG was engaged as a FM to observe the RFP process for Trent-Severn waterways infrastructure—central bundle construction manager, issued by PSPC on behalf of PCA, 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, which included the RFP, amendments and questions from and answers provided to bidders, attending site visits, and observed proposal evaluation activities as well as identified fairness-related matters to the contracting authorities and ensured that responses and actions were reasonable and appropriate.

Section 5 of this report identifies the specific activities and observations of the FM in respect to those activities.

5. Fairness monitoring activities and observations

5.1 Request for proposal and terms of reference review

KPMG was engaged to begin FM activities commencing with the development of the RFP. Prior to the publication of the RFP on August 29, 2016, the FM reviewed the RFP and Terms of Reference (TOR).

Observations

In reviewing the draft RFP documentation, fairness considerations were identified by the FM and discussed with the contracting authority. All of the fairness considerations were addressed in the RFP prior to issuance. The FM reviewed the TOR and observed no fairness deficiencies.

5.2 Request for proposal posting

The RFP (dated August 26, 2016) was issued to potential proponents via buyandsell.gc.ca on August 29, 2016. The initial closing date was October 13, 2016 but the deadline was extended through subsequent amendments to November 3, 2016. The RFP and TOR were accessible to all potential participants, without unjustified restrictions as to who may participate.

Following the release of the RFP, the Fairness Monitor attended the optional site visit on September 15, 2016 at Lock 19 at 804 Morphet Ave, Peterborough, Ontario. Thirteen (13) bidders attended the site visit.

Six amendments were released on October 7, 19, 20, 25, and 28, and November 2, 2016.

Each amendment was reviewed by the FM.

Observations

No fairness deficiencies were observed regarding the publication of the RFP or the conduct of the site visit. Fairness considerations were identified with respect to the responses to questions and were discussed with the contracting authority. All of the fairness considerations were addressed prior to issuance of amendments.

5.3 Request for proposal close

At close of the RFP on November 3, 2016, three bids were received. The FM discussed the manner in which the bid responses to the RFP were received and handled with the contracting authority.

Observations

Three bids were received and handled in accordance with the deadline and requirements stated in the RFP. No fairness deficiencies were observed.

5.4 Evaluation instructions

Prior to proposal evaluations, the FM reviewed the evaluation guidelines, including evaluator responsibilities, code of conduct, security, confidentiality and conflict of interest requirements, and evaluation methodology.

The FM provided assurance as to the impartiality of evaluation methodology

Observations

The FM reviewed the evaluation methodology and related requirements and observed no fairness deficiencies.

5.5 Mandatory review

Following the RFP closing, the review of the mandatory requirements was undertaken by PSPC Real Property Contracting of the three proposals received. All three 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.

Observations

Based on the FM’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

The RFP required a minimum technical evaluation threshold to be deemed a responsive proposal and proceed to the financial evaluation. Each of the three technical proposals that met the mandatory criteria requirements was individually reviewed and scored by each evaluator. The evaluators then convened at consensus meetings on November 15 and 30, 2016 to identify the technical score of each of those proposals.

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

The FM was present and monitored the technical evaluation consensus process. The FM provided assurance that it was undertaken in a consistent fashion and that the results reflect the consensus of all evaluation board members.

Observations

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

5.7 Price evaluation and proponent selection

The contracting authority performed due diligence and verified the pricing details on the form provided by the proponent who had passed the technical evaluation.

A financial evaluation summary sheet was prepared by the contracting authority and reviewed by the FM.

Observations

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

6. Reference documents

Documents related to Solicitation Number ARCHIVED EQ754-170861/A are available on buyandsell.gc.ca and/or through the project office.

Procurement documents by publication date

No.	Documents	Date
1	Request for Proposal—TSW Central Bundle Construction Manager (EQ754-170861/A)	August 29, 2016
2	Solicitation Amendment no. 001 - TSW Central Bundle Construction Manager (EQ754-170861/A)	October 7, 2016
3	Solicitation Amendment no. 002 - TSW Central Bundle Construction Manager (EQ754-170861/A)	October 19, 2016
4	Solicitation Amendment no. 003—TSW Central Bundle Construction Manager (EQ754-170861/A)	October 20, 2016
5	Solicitation Amendment no. 004—TSW Central Bundle Construction Manager (EQ754-170861/A)	October 25, 2016
6	Solicitation Amendment no. 005—TSW Central Bundle Construction Manager (EQ754-170861/A)	October 28, 2016
7	Solicitation Amendment no. 005—TSW Central Bundle Construction Manager (EQ754-170861/A)	November 2, 2016

7. Addendum to final report, March 15, 2017

Addendum to the Fairness Monitor (FM) Final Report dated December 19, 2016 pertaining to the competitive procurement processes associated with the Trent-Severn Waterway Infrastructure project—in particular the central bundle construction manager procurement process, issued by Public Services and Procurement Canada (PSPC) on behalf of Parks Canada Agency (PCA) as a result of Solicitation EQ754-170861/A.

This Addendum to the FM 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 request a debriefing. Three proposals were received by PSPC in response to this Request for Proposal. All three proposals met the mandatory requirements and all three proceeded to the technical evaluation. One proposal achieved the minimum technical evaluation threshold to be deemed a responsive proposal and proceed to the financial evaluation. The successful bidder was notified of contract award on January 4, 2017 by e-mail. The contract award notice was posted on buyandsell.gc.ca on January 4, 2017. All unsuccessful bidders were subsequently advised by e-mail on January 13, 2017 that their proposals were not accepted for contract award and that they were entitled to a debriefing. The FM reviewed all communications with the successful and unsuccessful bidders. No fairness deficiencies were observed.

There have been two requests for debriefings. Debriefings were held on March 8 and 15, 2017. The Technical Authority, the Contracting Authority and the FM were present at the debriefings. No fairness deficiencies were observed during the debriefings.

Attestation of assurance

The FM hereby provides the following unqualified assurance statement concerning the Trent-Severn waterways infrastructure—central bundle construction manager procurement process.

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