Laboratories Canada Ontario Region Construction Management Services

Introduction

BDO Canada LLP (BDO) was engaged as the fairness monitor (FM) contractor on July 22, 2019 to observe the procurement process for the acquisition of construction management services (CMS) to modernize laboratory facilities in Ontario as part of its Laboratories Canada (LC) program of work issued by Public Works and Government Services Canada (PWGSC) as a result of solicitation EN740-200588/B. BDO 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 FM, commencing from the process start date of July 22, 2019, continuing through the consensus meetings phase concluding on January 15, 2020.

This report includes:

• our attestation of assurance
• a summary of the scope and objectives of our assignment
• relevant observations from the activities undertaken

Attestation of assurance

The FM hereby provides the unqualified assurance statement below concerning the competitive procurement process for LC Ontario Region CMS through the consensus meetings phase concluding on January 15, 2020.

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

Project requirement

PWGSC, intends to retain the services of a construction management entity, the construction manager, to modernize laboratory facilities as part of its LC program of work.

Science facility laboratories in Mississauga, Sudbury, Guelph and Ottawa may form part of the overall contract as determined by the priorities of PWGSC’s LC program. The CMS’s base contract is the laboratory expansion and fit-up of a joint National Research Council (NRC) and Natural Resources Canada (NRCan) facility in Mississauga, Ontario.

PWGSC will add incremental construction management work and construction services to the contract through contract option(s) as its science partner clients determine their location-specific scope of laboratory modernization.

Fairness monitoring engagement and observations

BDO was engaged as the FM to observe the procurement process for LC’s proposed procurement of CMS 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 activities up to the consensus meetings
• identified fairness-related matters to the contracting authority (CA)
• ensured that responses and actions were reasonable and appropriate

The following is a summary of the FM’s activities and related observations from the process start date of July 22, 2019 through the consensus meetings phase concluding on January 15, 2020.

Request for proposals process

In this section

• Activity monitored
  • Documents reviewed
  • Bid open period
  • Request for proposals technical proposal evaluation
  • Request for proposals financial bid evaluation
• Fairness monitor observations

Activity monitored

Documents reviewed

During the request for proposals (RFP) phase, the FM was provided with the following documents for review:

• draft and final RFP documents
• draft and final evaluation directive
• clarification questions and answers during bid open period
• addenda
• correspondence with industry

Bid open period

The RFP was posted on buyandsell.gc.ca on August 26, 2019. During the bid open period 10 amendments were issued which included responding to 8 clarification questions. In amendment 8 posted on buyandsell.gc.ca on October 11, 2019, the closing date was extended to October 22, 2019.

Two responses were received by the submission closing date and time.

Request for proposals technical proposal evaluation

Based on the phased bid compliance process: Phase 2, technical submissions were reviewed to identify any instances where the bidder had failed to meet any eligible mandatory criteria. A compliance assessment report was sent to both bidders outlining any eligible mandatory criteria that they failed to meet. Responses were subsequently received from both bidders.

The FM attended the evaluation consensus meetings. Evaluation consensus meetings for the 2 proposals were held on November 25, December 9 and 18 of 2019 and on January 15 2020.

The following process was undertaken to evaluate the responses to the RFP:

• Each evaluator conducted their own independent review and scoring of the response in their evaluator workbook
• Once the independent reviews were completed, the evaluators participated in meetings to agree on the consensus assessment
• Evaluators recorded and initialled any changes agreed to during consensus in their individual workbooks
• The FM confirmed with each member of the evaluation team that they were in agreement with the final consensus and rationale for non-compliant requirements
• 1 submission met the mandatory requirements

Request for proposals financial bid evaluation

Based on the phased bid compliance process: Phase 1, an examination of the submissions was undertaken to determine whether the submissions included a financial submission and whether each financial submission included all information required. No additional information was requested from the bidders at phase 1.

Following the evaluation of the 2 technical proposals, the technical scores were added to the financial scores to determine the successful bid based on the highest responsive combined rating of technical merit and price based on a ratio of 50% for the technical merit and 50% for the price rating.

Fairness monitor observations

The FM reviewed draft and final RFP documents and all draft amendments to the RFP including responses to clarification questions.

Requests for clarification by potential proponents during the bid clarification process were addressed by the LC team and by the CA and issued as amendments. The same information was provided to all participants via buyandsell.gc.ca.

Any observations or request for clarification made by the FM were addressed by the LC team and by the CA.

Both the LC team and the CA were responsive in providing clarification when requested by the FM specialist.

Reference documents

Documents related to solicitation EN740-200588/B are available on CanadaBuys or through the project office.

Addendum to the final report

April 26, 2020

Addendum to the final report dated January 30, 2020 for the procurement process related to the acquisition of CMS to modernize laboratory facilities in Ontario as part of its LC program of work issued by Public Works and Government Services Canada (PWGSC).

This addendum to the final report covers the period following the conclusion of the evaluation phase including contract award and debriefings.

Contract award, communications, and debriefings

The contract was awarded on February 18, 2020. Along with the notification of award, information was provided on February 18, 2020 explaining the results of the evaluation of the remaining proposals. Debriefings were requested and took place on March 3 and 18, 2020 via conference calls.

The process conducted conformed to the requirements of the request for proposals. All bidders were treated consistently and fairly.

Attestation of assurance

The FM hereby provides the unqualified assurance statement below concerning the competitive procurement process for CMS through the debriefings concluding on March 18, 2020.

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