875 Heron road rehabilitation—Technical advisor services

1. Introduction

RFP Solutions Inc. was engaged on May 15, 2019 as a Fairness Monitor (FM) to observe all phases of the competitive procurement processes for the 875 Heron Road Rehabilitation Project. There are two planned procurement processes; the first for Technical Advisor Services and the second for the Project Company that will rehabilitate the real property at 875 Heron Road.

The initial process of the project involved a Request for Proposal (RFP) for the Technical Advisor issued by Public Services and Procurement Canada (PSPC) through Solicitation Number EJ078-200154/A with a closing date of December 3, 2019.

RFP Solutions Inc. is an independent third party with respect to this activity.

We hereby submit this Final Report for the procurement process for a Technical Advisor for the 875 Heron Road Rehabilitation Project, covering the activities of the FM, commencing with the Draft RFP prior to posting on the Government Electronics Tendering System (buyandsell.gc.ca), continuing through the response to enquiries from potential bidders leading to the bid closing period. This report also addresses the evaluation of the two proposals received, leading to the identification of the successful Bidder.

The 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 to date.

2. Project requirement

Located at 875 Heron Road, the Ottawa Taxation Complex is part of the federal office node at Confederation Heights and is the headquarters of Canada Revenue Agency (CRA). Constructed in the 1970’s, the complex is comprised of the 11-storey Taxation Data Centre and the 5-storey Taxation Headquarters. It has continually been occupied by CRA, which has indicated an ongoing requirement for the accommodations, and a preference to consolidate numerous functions at this location.

The Taxation Data Centre is of “Class B” quality. A Building Condition Report (BCR) completed in 2014 identifies the overall condition of this asset to be “average” and recommends numerous capital improvements and repairs to bring it up to the Government of Canada Fit-up Standards.

The Taxation Headquarters Building is not in compliance with the Government of Canada Fit-up Standards. A BCR completed in 2014 identifies the overall condition of this asset to be “average” and recommends numerous capital improvements and repairs.

PSPC is acquiring the services of an architectural or engineering firm in the capacity of Prime Consultant, supported by a multidisciplinary team of sub-consultants, to act in the role of Technical Advisor on behalf of Real Property Branch (RPB) for 875 Heron Road Rehabilitation Project.

For this process, Technical Advisor Services means Advocate Architect Advisory Services.

PSPC plans to undertake the rehabilitation work through a Public-Private Partnership (P3) model. The services of a Technical Advisor are required to provide various architectural, engineering and related services to PSPC in support of the P3 Consortium (Project Company) procurement and delivery.

3. Attestation of assurance

The Fairness Monitor hereby provides the following unqualified assurance statement concerning the competitive procurement process for a Technical Advisor for the 875 Heron Road Rehabilitation Project.

It is our professional opinion that the Request for Proposal process for the Technical Advisor for the 875 Heron Road Rehabilitation Project we observed, was carried out in a fair, open and transparent manner.

4. Methodology

In accordance with the terms of our engagement, we familiarized ourselves with the relevant documents, reviewed the RFP documents prior to release, observed the RFP solicitation activities and the post solicitation period, including the evaluation of bids, identified fairness-related matters to the Contracting Authority, and verified that responses and actions were reasonable and appropriate. The following summarizes the specific activities and observations of the Fairness Monitor.

5. Fairness monitor activities and observations

5.1 Procurement planning/pre-issue stage

The Fairness Monitoring activities began during the development phase of the RFP. A review of the drafts and final RFP documentation was conducted. This included a review of the:

• Supplementary Instructions to Proponents (SI)
• General Instructions (GI)—Architectural and/or Engineering Services—Request for Proposal
• Submission Requirements and Evaluation (SRE)
• General terms, conditions and clauses
• Project Brief and associated appendices
• Document entitled "Doing Business with PWGSC Documentation and Deliverables Manual"; and
• Security Requirements Check List (SRCL)

The Fairness Monitor provided assurance as to the neutrality of the requirements, the objectivity of evaluation criteria and process; and the clarity of the documentation to support understandability by Proponents in preparing their Proposals, as well as to mitigate the potential for inconsistency or errors in the eventual application of evaluation criteria by the Evaluation Committee.

Observations

In reviewing the RFP documentation, the Fairness Monitor did not observe any fairness issues or risks.

5.2 Request for proposal posting

The RFP was issued via buyandsell.gc.ca on September 9, 2019 as Solicitation Number EJ078-200154/A. The RFP closing date was December 3, 2019 at 2:00 pm Eastern Standard Time.

An optional site visit was conducted at 875 Heron Road on September 25, 2019 for interested suppliers. The FM reviewed the protocol and notice to interested suppliers prior to issuance. Because the site visit was optional and not mandatory, attendance was not taken. It is estimated that representatives from more than ten potential suppliers attended. The FM was present to observe the site visit.

A total of 30 questions were received. Responses to these questions, as well as 14 amendments to the terms and conditions of the solicitation were issued in 12 Solicitation Amendment documents; all of which were posted to buyandsell.gc.ca. All amendment documents were reviewed by the Fairness Monitor prior to being issued.

Observations

In reviewing the RFP amendments, the Fairness Monitor did not observe any fairness issues.

5.3 Request for proposal close

The Fairness Monitor reviewed the manner in which the proposal responses to the RFP were received and handled with the Contracting Authority.

Two proposals were received and handled in accordance with the closing requirements and deadline stated in the RFP.

Observations

In reviewing the receipt and handling of the RFP responses, the Fairness Monitor was satisfied that the closing was undertaken in accordance with the RFP and established procedures and no fairness issues were identified.

5.4 Evaluation instructions

Prior to bid evaluations, the Fairness Monitor again reviewed the evaluation guidelines, including evaluator responsibilities, code of conduct, security, confidentiality and conflict of interest requirements, and evaluation methodology. The Fairness Monitor also participated in a pre-evaluation meeting on December 6, 2019 with the Evaluation Committee to review the evaluation requirements.

The Fairness Monitor provided assurance as to the impartiality of evaluation methodology.

Observations

In reviewing the evaluation methodology and related requirements and participating in the pre-evaluation meeting, the Fairness Monitor did not observe any fairness concerns.

5.5 Administrative review

Following RFP closing, a review of mandatory submission requirements was undertaken by the Contracting Authority of the two proposals received. Both proposals were deemed to be responsive to these requirements as stated in the RFP and therefore eligible to proceed to technical evaluation.

The Fairness Monitor reviewed the results of the administrative review to assess them against the requirements in the RFP.

Observations

In reviewing the assessment of Bidders’ compliance with the mandatory submission requirements, the Fairness Monitor did not observe any fairness issues.

5.6 Technical evaluation

The technical evaluation was conducted on both proposals as they met all mandatory submission requirements.

The rated requirements were reviewed individually by each member of the Evaluation Committee. The evaluators subsequently met on December 19, 2019 to conduct a consensus evaluation.

Both proposals met the overall minimum rated technical evaluation threshold to be deemed a responsive proposal and proceed to the financial evaluation.

Observations

In observing the consensus evaluation and the presentations and reviewing the results of the technical evaluation, the Fairness Monitor did not identify any fairness issues.

5.7 Price evaluation, verification and bidder selection

In accordance with the RFP, the pricing envelopes for each of the two responsive proposals were opened and the Contracting Authority determined the Price Rating for each Bidder. The Fairness Monitor reviewed the Price Proposals and Price Ratings with the Contracting Authority.

The selection of the successful Bidder was based on the responsive proposal with the highest Total Score (Total Score = Technical Rating + Price Rating).

The Contracting Authority verified the Total Scores for each Bidder and reviewed the results with the Fairness Monitor.

Following the identification of the top ranked Bidder, the Evaluation Committee recommended award of a contract to the Bidder, subject to Treasury Board of Canada Approval and the Contracting Authority verifying compliance with security requirements and conducting required integrity checks.

Observations

In reviewing the results of the price evaluation, verification and bidder selection, the Fairness Monitor did not observe any fairness concerns.

5.8 Communications and debriefing

This section will be completed as an Addendum to this report following completion of contract award, which is subject to Treasury Board of Canada Approval and confirmation of security and integrity provisions and, as requested, debriefing of Bidders.

6. Reference documents

The following documents related to Solicitation Number EJ078-200154/A are available on buyandsell.gc.ca and/or through the project office.

7. Addendum to final report, May 8, 2020

Addendum to the Fairness Monitor Final Report dated December 20, 2019 pertaining to the competitive procurement process for Technical Advisor Services for the 875 Heron Road Rehabilitation Project, issued by Public Services and Procurement Canada (PSPC) as a result of Solicitation Number EJ078-200154/A.

This Addendum to the Fairness Monitor 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 pose questions or request a debriefing. There were two proposals received by PSPC in response to the Request for Proposal (RFP). Both proposals met the administrative and mandatory requirements of the RFP and the overall minimum rated technical evaluation threshold and proceeded to the price evaluation.

After review of the contract award notice by the Fairness Monitor, both bidders were notified via e-mail on May 1, 2020 of the contract award (notification of the contract award was posted on buyandsell.gc.ca on the same day) and advised that they were entitled to a debriefing.

Both bidders requested debriefings. Both were conducted by the PSPC Contracting Authority and Technical Authority on May 7, 2020 via teleconference. The Fairness Monitor was present at both debriefings to observe that they were conducted in a fair, open and transparent manner.

Attestation of assurance

The Fairness Monitor hereby provides the following unqualified assurance statement concerning the competitive procurement process for Technical Advisor Services for the 875 Heron Road Rehabilitation Project.

It is our professional opinion that the Technical Advisor Services for the 875 Heron Road Rehabilitation Project Request for Proposal evaluation and contract award processes we observed, were carried out in a fair, open and transparent manner.