Canada Border Services Agency Land Border Crossing project—Advocate architect services

Fairness monitor final report, March 29, 2016

Addendum to final report, August 10, 2016

Submitted to Director, Fairness Monitoring Program

Submitted by Hallux Consulting Inc.

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1. Introduction

Hallux Consulting Inc. was engaged effective August 28, 2015 as a Fairness Monitor (FM) to observe the competitive procurement process of the Land Border Crossing Project - Advocate Architect, issued by Public Services and Procurement Canada (PSPC) on behalf of the Canada Border Services Agency (CBSA), as a result of Solicitation Number 47419-166834/A. Hallux Consulting Inc. is an independent third party with respect to this activity.

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 September 10, 2015 while the Request for Proposal (RFP) was still being developed and continuing through to the consensus meeting held March 18, 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 FM hereby provides the following unqualified assurance statement concerning the CBSA Land Border Crossing Project - Advocate Architect contract procurement process:  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
Howard Dubois, CIA
FM Contractor Representative

Original signed by
Elizabeth Buckingham, CPA, CMA, CIA
FM Team Leader

Original signed by
Marthe Girouard, CPA, CA
FM Specialist
Date: March 29, 2016

3. Project requirement

The Canada Border Services Agency is preparing to replace or upgrade an estimated 71 of its aging land border crossings and some associated housing components. The project plans to undertake the work through a Public-Private Partnership, or P3, model. This partnership will undertake the renewal, and upon completion of the construction, transfer the provision of services and maintenance of the facilities to the successful consortium for up to a 30 year period.

The services of an Advocate Architect (AA) are required to provide various architectural and engineering services in support of the P3 model for the Land Border Crossing Project. The AA will support Phase I by obtaining and compiling critical information including site data, developing schematic level design and costing to support the Business Case for the P3 project. Based on information received in Phase I and funding approval, should the Crown decide to proceed with the project, Phase II and III services would support pre-procurement, procurement, and construction for the P3 project. The AA contract will be for a period of approximately five (5) years, should all three (3) phases proceed.

4. Fairness monitor engagement and observations

Hallux Consulting Inc. was engaged as a Fairness Monitor (FM) to observe the competitive procurement process for the CBSA Land Border Crossing Project - Advocate Architect services, 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 request for proposal related activities identifying fairness-related matters to the appropriate parties, for example, contracting and technical authorities, and ensuring that responses and actions were reasonable and appropriate.

4.1 Request for proposal phase

Key activities during this phase of the procurement included:

The bid procedure was open to all interested suppliers. A one-phase selection process approach with a two envelope evaluation was used for this procurement. The Notice of Proposed Procurement (NPP) was published on buyandsell.gc.ca on January 13, 2016. The RFP had an initial closing date of February 23, 2016 which was first extended to March 1, 2016 and subsequently to March 8, 2016. Forty-four questions were received from potential bidders and responses to the questions were provided by way of the eight amendments issued to the RFP. Four bids were received in response to the RFP.

All observations on potential fairness issues were properly addressed during the RFP phase.

4.2 Evaluation phase

During the evaluation phase, the Fairness Monitor Specialist observed:

The FM Specialist observed that the evaluation processes and instructions published in the Final RFP, the RFP amendments and the Evaluation Plan and Guidelines were followed during the evaluation phase. Comments were provided by the FM Specialist as required throughout the evaluation process to the Technical Team and the Contracting Authority. All comments were addressed appropriately by project officials.

No potential fairness issues were noted during the evaluation phase.

5. Reference documents

Documents related to Solicitation Number 47419-166834/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 Request for Proposal (RFP) documents published on buyandsell.gc.ca on January 13, 2016
2 Amendment no. 001 Published on buyandsell.gc.ca on January 20, 2016
3 Amendment no. 002 Published on buyandsell.gc.ca on January 27, 2016
4 Amendment no. 003 Published on buyandsell.gc.ca on February 3, 2016
5 Amendment no. 004 Published on buyandsell.gc.ca on February 9, 2016
6 Amendment no. 005 Published on buyandsell.gc.ca on February 19, 2016
7 Amendment no. 006 Published on buyandsell.gc.ca on February 22, 2016
8 Amendment no. 007 Published on buyandsell.gc.ca on February 24, 2016
9 Amendment no. 008 Published on buyandsell.gc.ca on March 2, 2016

6. Addendum to final report, August 10, 2016

Addendum to the final report dated March 29, 2016 for the acquisition of the Land Border Crossing Project – Advocate architect services

This Addendum to the Final Report covers the period following the conclusion of the evaluation phase including the contract award and debriefings.

The successful bidder was selected and the contract awarded on June 21, 2016. Letters were sent by email to the unsuccessful bidders on June 21, 2016 advising them of the result. Additional feedback was provided to two of the three unsuccessful bidders through one-on-one debriefing meetings. The Fairness Monitor reviewed the correspondence sent to the successful and unsuccessful bidders and participated in the debriefing sessions held June 30 and July 13, 2016.

Fairness monitor attestation of assurance

The FM hereby provides the following unqualified assurance statement concerning the Land Border Crossing Project – Advocate Architect procurement process: 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
Howard Dubois, CIA
FM Contractor Representative

Original signed by
Elizabeth Buckingham, CPA, CMA, CIA
FM Team Leader

Original signed by
Marthe Girouard, CPA, CA
FM Specialist
Date: March 29, 2016

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