Trent-Severn Waterways Infrastructure project—Central bundle prime consultant

Fairness monitor final report, December 19, 2016

Addendum to final report, March 7, 2017

Submitted to Director, Fairness Monitoring Program

Submitted by KPMG

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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 Proposals (RFP) processes for Trent-Severn Waterway Infrastructure project, in particular the Central Bundle Prime Consultant procurement process, issued by PSPC on behalf of PCA as a result of Solicitation EQ754-170864/A.

The procurement process was conducted to retain a suitably qualified engineering firm (or joint venture), with sub-consultants as necessary, in the capacity of Prime Consultant for the provision of a multidisciplinary team to fulfil the services required for this project as detailed in the project brief.

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

The procurement process involved a PSPC, which was issued by PSPC on September 8, 2016. Bidders were invited to submit bids and the PSPC required firms to demonstrate the qualifications, expertise, availability, experience and organization of the proposed Consultant 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 27, 2016. The consensus evaluation board meeting took place on November 14, 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 PSPC prior to posting on buyandsell.gc.ca continuing through the PSPC closing on November 2, 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 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.

PSPC will engage the services of a prime consultant to undertake the design and construction documents for six sites and provide technical support, and site engineering services during the construction and post construction phases. The prime consultant shall review, accept and implement as appropriate the construction documents prepared by the other design consultants and work in collaboration with the construction manager, the project team and all stakeholders through the departmental representative.

The Central Bundle, which includes the Sites listed below, is one of the identified projects in the overall TSW program and the subject of this Project Brief.

  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 - Scotts 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 Peterborough, Ontario)

The prime consultant will be retained to provide the following services: requirement analysis; design concept; design development; tender; construction and contract administration; commissioning and post-construction warranty review for sites A, B, C, D, E and F. The prime consultant will also be required to provide tender, construction, and post construction phase services and documents for sites G and H.

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

Original signed by

Sarah-Anaïs Julien-Matte, MBA
FM Specialist
KPMG

Original signed by

Stéphane Tremblay, MBA
FM Team Leader
KPMG

4. Methodology

KPMG was engaged as FM to observe the PSPC process for Trent-Severn waterway infrastructure—central bundle prime consultant, 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 PSPC, 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 PSPC. Prior to the publication of the PSPC on September 9, 2016 on buyandsell.gc.ca, the FM reviewed the PSPC and Terms of Reference (TOR).

Observations

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

5.2 Request for proposal posting

The PSPC (dated September 8, 2016) was issued to potential proponents via buyandsell.gc.ca on September 9, 2016. The initial closing date was October 19, 2016 but the deadline was extended through subsequent amendments to November 2, 2016. The PSPC and TOR were accessible to all potential participants, without unjustified restrictions as to who may participate.

Following the release of the PSPC, the Fairness Monitor attended the optional site visit on September 27, 2016 at Lock 19 at 804 Morphet Ave, Peterborough, Ontario. Thirteen bidders attended the site visit.

Five amendments were released on October 4, 12, 18, 21, and 28, 2016.

Each amendment was reviewed by the FM.

Observations

No fairness deficiencies were observed regarding the publication of the PSPC 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 PSPC on November 2, 2016, five bids were received. The FM discussed the manner in which the bid responses to the PSPC were received and handled with the contracting authority.

Observations

Five bids were received and handled in accordance with the deadline and requirements stated in the PSPC. 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 PSPC closing, the review of the mandatory requirements was undertaken by PSPC Real Property Contracting of the five proposals received. All five proposals were deemed to be responsive to the mandatory requirements stated in the PSPC; 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 PSPC required a minimum technical evaluation threshold to be deemed a responsive proposal and proceed to the financial evaluation. Each of the five technical proposals that met the mandatory criteria requirements was individually reviewed and scored by each evaluator. The evaluators then convened at a consensus meeting on November 14, 2016 to identify the technical score of each of those proposals.

Four of the five 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 reflected 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 forms provided by the four proponents who had passed the technical evaluation.

Financial evaluation summary sheets were 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 EQ754-170864/A are available on buyandsell.gc.ca and/or through the project office.

Procurement documents by publication date
No. Document Date
1 Request for Proposal—TSW Central Bundle Prime Consultant (EQ754-170864/A) September 8, 2016
2 Solicitation Amendment no. 001 - TSW Central Bundle Prime Consultant (EQ754-170864/A) October 3, 2016
3 Solicitation Amendment no. 002 - TSW Central Bundle Prime Consultant (EQ754-170864/A) October 11, 2016
4 Solicitation Amendment no. 003—TSW Central Bundle Prime Consultant (EQ754-170864/A) October 17, 2016
5 Solicitation Amendment no. 004—TSW Central Bundle Prime Consultant (EQ754-170864/A) October 20, 2016
6 Solicitation Amendment no. 005—TSW Central Bundle Prime Consultant (EQ754-170864/A) October 27, 2016

7. Addendum to final report, March 7, 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 prime consultant procurement process, issued by Public Services and Procurement Canada (PSPC) on behalf of Parks Canada Agency (PCA) as a result of Solicitation EQ754-170864/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. Five proposals were received by PSPC in response to this Request for Proposal. All five proposals met the mandatory requirements and all five proceeded to the technical evaluation. Four of the five proposals 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 December 30, 2016 and the contract award notice was also posted on buyandsell.gc.ca on December 30, 2016. Unsuccessful bidders were also advised by e-mail on December 30, 2016 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 three requests for debriefings. Debriefings were held on January 12 and 30, 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 prime consultant procurement process.

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

Original signed by

Sarah-Anaïs Julien-Matte, MBA
FM Specialist
KPMG

Original signed by

Stéphane Tremblay, MBA
FM Team Leader
KPMG

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