PROVISION OF LEASED ACCOMMODATION FOR CANADA REVENUE AGENCY PLACE VANIER REPLACEMENT PROJECT
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Public Works and Government Services Canada Office of the Chief Risk Officer PROVISION OF LEASED ACCOMMODATION FOR CANADA REVENUE AGENCY PLACE VANIER REPLACEMENT PROJECT FAIRNESS MONITOR CONTRACTOR’S FINAL REPORT August 3, 2010 Submitted to: Kristine Stolarik Chief Risk Officer Prepared by: Knowles Consultancy Services Inc. and Hill International Inc. in Joint Venture
FAIRNESS MONITOR CONTRACTOR’S FINAL REPORT Provision of Leased Accommodation for Canada Revenue Agency Place Vanier Replacement Project As Fairness Monitor, Knowles Consultancy Services Inc. and Hill International Inc. in Joint Venture (hereafter referred to as the Fairness Monitor) hereby submits its FM Contractor’s Final Report (FM Final Report), pertaining to the competitive procurement process for the Leased Accommodation for the Canada Revenue Agency Place Vanier Replacement Project, undertaken by Public Works and Government Services Canada (PWGSC) through Project Number 5222-2009-1.This FM Final Report covers the activities of the Fairness Monitor chronologically, commencing with a review of the Selection of Invitees to Tender (SOIT) solicitation through to the completion of the evaluation of the Irrevocable Offers received in response to the Invitation to Submit an Irrevocable Offer (ISIO), and the selection of a recommended proponent. This report includes our attestation of assurance, a summary of the scope and objectives of our assignment, the methodologies applied, and relevant findings from activities undertaken. Fairness Monitor Attestation of Assurance It is the opinion of the Fairness Monitor that the procurement process for the Leased Accommodation for the Canada Revenue Agency Place Vanier Replacement Project undertaken by Public Works and Government Services Canada (PWGSC) and monitored by the Fairness Monitor, was carried out in a fair manner. In this context, fairness is defined as decisions made objectively, free from personal favouritism and political influence, and encompasses the elements of openness, competitiveness, transparency and compliance. 2
Scope and Objectives of the Fairness Monitor Assignment The overall objective was to provide PWGSC with independent observation and fairness related comments. Our Fairness Monitor Services included: • the provision of fairness related comments on the Selection of Invitees to Tender (SOIT) document in draft and final form including Addenda, to improve clarity, transparency and competitiveness, and to bring attention to possible fairness issues that might arise during the evaluation process; • the observation of the evaluation of responses received to the SOIT to ensure the SOIT specified evaluation and selection procedures and departmental policy were followed and consistently applied during the evaluation and selection process; • the provision of fairness related comments on the Invitation to Submit an Irrevocable Offer (ISIO), including drafts of addenda to be forwarded to the qualified proponents, to improve clarity, transparency and competitiveness, and to bring attention to possible fairness issues that might arise during the evaluation process; • the observation of the evaluation of the responses received to the ISIO and the proponent selection process to ensure consistency with the procedures and requirements specified in the ISIO; and • the observation of the debriefings of the unsuccessful proponents. (This activity will take place subsequent to acceptance by the Crown of an irrevocable offer and will be reported on in an addendum to this report.) Fairness Monitor Methodologies, Activities and Specific Findings Before FM activities were initiated, a number of activities had taken place. A Request for Information [RFI] (Document 1) had been posted on MERX on December 15, 2008 and had closed on January 30, 2009, to seek availability information on four requirements for leased space. One of the requirements involved the replacement of the Place Vanier accommodation space. On February 19, 2010, the SOIT had been forwarded to respondents to the RFI that had indicated that leased accommodation space could be made available to meet the requirement for the replacement of the Place Vanier space. 3
FM Activities Related to Request for Information (RFI) On March 20, 2010, the Fairness Monitor Specialist (FM Specialist) reviewed the RFI that had included the need for the replacement Place Vanier space that had been posted on MERX on December 15, 2008 including the revisions posted on December 18, 2008. FM Activities Related to the Selection of Invitees to Tender (SOIT) Solicitation During the period March 15, 2010 to April 9, 2010, the FM Specialist reviewed the SOIT Solicitation (Document 2) provided previously to interested proponents that had responded to the RFI and provided fairness-related observations to the Project Director. All observations were addressed appropriately. During the same period, the FM Specialist reviewed Addenda 1 to 6 (Documents 3 to 8) to the SOIT Solicitation and provided fairness-related observations to the Project Director. All observations were addressed appropriately. FM Activities related to the Evaluation of SOIT Responses (Requests for Qualification) On April 13, 2010, the FM Specialist reviewed the “Mandatory Requirements Verification Checklist” (Document 9) and on April 21, 2010 reviewed the “Rated Evaluation Scoring Tables” (Document 10). On the same day, he observed the Evaluation Board Kick-off Meeting. All observations made by the FM Specialist were addressed appropriately. On May 3, 2010, the FM Specialist observed a consensus meeting of the Evaluation Board on mandatory requirements and on May 14 and 17, 2010 he observed the rated requirements consensus meetings. Also, on May 17, 2010, he reviewed a request for clarification letter in draft form that was to be forwarded to one Proponent. On May 18, 2010, he reviewed the clarification response received. On May 25, 2010, the FM Specialist observed the final meeting of the Evaluation Board during which the response to the clarification letter was considered in terms of the applicable rated requirement and a consensus reached on a score and rationale. The Board also agreed on the selection of qualified respondents which were recommended to receive an invitation to submit an Irrevocable Offer to Lease. There were no fairness deficiencies identified with the evaluation and selection process. 4
FM Activities related to the ISIO Solicitations On May 30, 2010, the FM Specialist reviewed the solicitations (Document 11) to be sent to the three (3) successful Proponents inviting each to submit an Irrevocable Offer to Lease. The Invitation to Submit an Irrevocable Offer (ISIO) was part of the parent SOIT solicitation. He also reviewed the letter to be sent to the unsuccessful Proponent. No fairness-related concerns were identified. During the period June 17, 2010 to June 30, 2010, he reviewed Addenda 7 to 10 (Documents 12 to 15) and provided fairness-related observations to the Project Director. Appropriate action was taken. FM Activities related to the Evaluation of Irrevocable Offers On July 12, 2010 the FM Specialist reviewed a letter addressed to one Proponent that requested additional information from the Proponent. The request was consistent with the rules specified in the SOIT. No fairness-related concerns were identified. On July 19, 2010, the FM Specialist observed the meeting of the Evaluation Board during which consensus was reached on the evaluation of mandatory requirements of the ISIO. There were no rated requirements. The basis of selection used to select the recommended Proponent was consistent with that specified in the SOIT for the ISIO phase. No fairness-related concerns were identified. Bruce Maynard Roger Bridges Fairness Monitor Team Leader President Knowles Consultancy Services Inc. 5
Reference Documents The following documents are referenced by number in the attached report. Unless otherwise indicated, these documents are available through the Place Vanier Replacement project office. # Document Additional information Released December 15, 2008 1 Request for Information Closed January 30, 2009 2 Selection of Invitees to Tender Solicitation (SOIT) February 19, 2010 3 Addendum No 1 to SOIT February 26, 2010 4 Addendum No 2 to SOIT March 10, 2010 5 Addendum No 3 to SOIT March 12, 2010 6 Addendum No 4 to SOIT March 23, 2010 7 Addendum No 5 to SOIT March 29, 2010 8 Addendum No 6 to SOIT April 6, 2010 9 Mandatory Requirements Verification Checklist April 13, 2010 10 Rated Evaluation Scoring Tables April 21, 2010 11 ISIO Solicitations (one to each Qualified Proponent) June 1, 2010 12 Addendum No 7 to SOIT June 23, 2010 13 Addendum No 8 to SOIT June 23, 2010 14 Addendum No 9 to SOIT June 25, 2010 15 Addendum No 10 to SOIT June 30, 2010 6
Addendum to Fairness Monitor Final Report dated August 3, 2010 Concerning Provision of Leased Accommodation for Canada Revenue Agency Place Vanier Replacement Project This Addendum to the Fairness Monitor Final Report covers the contract award as well as the offer to provide a debriefing to the proponent that failed to qualify at the Selection of Invitees to Tender (SOIT) stage and to unsuccessful proponents at the Invitation to Submit an Irrevocable Offer (ISIO) stage. The following should be added to the Final Report as the last section after the section entitled “FM Activities related to the Evaluation of Irrevocable Offers”: “FM Activities related to Debriefings In accordance with the provisions of the SOIT, and as noted above, three (3) proponents were determined to be qualified to submit proposals during the Invitation to Submit an Irrevocable Offer (ISIO) stage and were invited to do so. A contract was awarded to the successful proponent. The reasons for not qualifying at the SOIT stage and for being unsuccessful at the ISIO stage were clear from the Crown communications notifying the unsuccessful proponents, and the proponents did not request further elaboration. The FM Specialist was satisfied that the Crown met its obligation with respect to debriefings. Fairness Monitor Attestation of Assurance It is the opinion of the Fairness Monitor that information concerning the results of their submissions was provided to the unsuccessful proponents in a fair manner. In this context, fairness is defined as decisions made objectively, free from personal favouritism and political influence, and encompasses the elements of openness, competitiveness, transparency and compliance.” Bruce Maynard Roger Bridges Fairness Monitor Team Leader President Knowles Consultancy Services Inc. Date: November 15, 2010 7
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