Automotive Testing, Operation and Maintenance Expert Services

Attestation of assurance

The fairness monitor (FM) hereby provides the unqualified assurance statement below concerning the procurement process of the Automotive Testing, Operation and Maintenance Expert Services for the Motor Vehicle Test Centre (MVTC) up to and including the conclusion of the negotiation phase.

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

Original signed by:

Project requirement

BDO was engaged on December 17, 2020 as a FM to observe the competitive procurement process for the Automotive Testing, Operation and Maintenance Expert Services issued by Public Works and Government Services Canada, on behalf of Transport Canada (TC) under solicitation T8127-200020. BDO is an independent third party with respect to this activity.

This report covers the activities of the FM, from December 17, 2020 continuing through the conclusion of the price negotiations phase.

We reviewed all of the information provided and observed or monitored all relevant activities.

This report includes:

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

Fairness monitoring engagement and observations

In accordance with the terms of our engagement, we:

• familiarized ourselves with the relevant documents
• observed the pre-bid and bid solicitation activities
• 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 monitored activities and related observations from December 17, 2020 continuing through the conclusion of the price negotiations phase on June 6, 2023.

In this section

• Request for proposal
• Price negotiations

Request for proposal

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

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

Bid open period

The RFP was initially posted on buyandsell.gc.ca on September 20, 2021, under solicitation T8127 200020/B. During the bid open period, 6 amendments were issued. The RFP closed on November 16, 2021. No responses were received by the solicitation closing date and time.

The RFP was re-posted on CanadaBuys on July 14, 2022, under solicitation T8127-200020/D. During the bid open period, 11 amendments were issued.

On July 27, 2022, a bidder’s conference was held virtually, where:

• Canada provided an overview of the:
  • RFP
  • statement of work
  • technical evaluation
  • basis of payment for the resulting contract
• Canada conducted a presentation for international bidders on the bid process for Canadian procurement
• Bidders were invited to ask questions to the contracting and technical authorities about the content of any of the documents or the information presented at the bidder’s conference

On August 3, 2022, a complete visit of the MVTC was conducted by TC with the 2 interested bidders, where:

• The site visit started at 1:30 pm
• Canada provided opening remarks, and general health and safety protocols
• The bidders visited the 4 main activity centres, including:
  • test tracks (activity centre 1)
  • environmental chambers (activity centre 2)
  • main laboratory (activity centre 3)
  • machine shop, mechanical and electrical rooms
  • crash laboratory (activity centre 4)
  • pedestrian Laboratory
  • Automated Traction Device Laboratory
  • Fire Station
  • Fuelling station and Garage
  • Electronics Laboratory and Engineering Offices
• Both bidders had the opportunities to ask questions or to provide any comments to Canada at the end of the visit
• The site visit ended at 5:30 pm

The RFP closed on October 27, 2022. One response was received by the solicitation closing date and time.

Fairness considerations identified regarding the RFP phase were discussed with the CA. All fairness considerations were addressed, and none resulted in fairness deficiencies.

Bid evaluation

The RFP evaluation material was provided to the FM on October 27, 2022. The FM attended the evaluation kick-off meeting held by the CA on October 31, 2022. The FM attended the consensus evaluation meeting on November 18, 2022.

The following process was undertaken to evaluate the bid submissions:

1. All evaluators conducted their own independent review and scoring of the response in their evaluator workbook
2. Once the independent reviews were completed, the evaluators participated in all meetings to agree on the consensus assessment
3. Evaluators recorded and marked any changes agreed to during consensus in their individual workbooks
4. The CA confirmed with each member of the evaluation team that they were in agreement with the final consensus scores and rationale
5. The bid was declared responsive

Fairness considerations identified regarding the RFP phase were discussed with the CA. All fairness considerations were addressed, and none resulted in fairness deficiencies.

Fairness monitor observations: Request for proposal

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

The FM reviewed the site visit agenda and communications before dissemination to the potential bidders. Feedback was incorporated as appropriate where required. The FM attended and observed the complete site visit.

Any requests for clarification from the bidders during the bid open period, including the site visit, were addressed via amendments by the CA.

Any potential fairness concerns, observations or requests for clarification made by the FM were addressed by the CA. The CA was responsive in providing clarification when requested by the FM.

The FM’s review of documents and monitoring of activities during the RFP evaluation phase resulted in the following observations:

• The evaluation plan was consistent with the published procurement documents
• The evaluation team members were chosen and confirmed prior to the receipt of the response
• All evaluators attended the evaluation orientation session. The CA informed all evaluators of the following:
  • identity of the response received and requested evaluators to declare any conflict of interest and confidentiality protocol
  • document control
  • evaluation process
  • clarification process
  • consensus process
  • overview of scoring workbooks and method for individual assessment
  • explanation of fairness and the need for objectivity, consistency and equitable treatment of the response
  • guidance with respect to only assessing the information that is in the response
• The scoring criteria and assessment tools were established prior to the receipt of the response and were consistent with the RFP
• The CA confirmed to the FM, that the bid was assessed in accordance with the entire requirement of the bid solicitation including the technical and financial evaluation criteria

Price negotiations

The CA exercised the rights of Canada to negotiate with the sole responsive bidder to ensure best value to Canada. The CA requested that the FM monitored this activity.

Communications and meetings

The negotiations were conducted from November 24, 2022, to June 6, 2023:

• During the bid negotiations phase, the CA, TC and the preferred bidder, herein referred as the parties, exchanged various documentation, including:
  • agenda
  • letters
  • forms
  • statement of work
  • task authorizations
  • basis of payments
  • technical and financial worksheets
  • various emails
• The FM attended all meetings

The negotiations meetings started on December 1, 2022 and concluded on May 29, 2023:

• All meetings were conducted virtually except one that was conducted in-person at the MVTC on January 20, 2023
• Any observations made by the FM were considered by the CA
• The CA was responsive in providing supplementary information or clarification when requested by the FM

Fairness considerations identified regarding the price negotiations were discussed with the CA. All fairness considerations were addressed, and none resulted in fairness deficiencies.

Fairness monitor observations: Price negotiations

The FM's monitoring of the negotiation meetings yielded the following observations:

• The negotiations were skillfully facilitated by the CA, fostering open discussions between the involved parties
• All meetings and exchanges between the parties were conducted in a structured, open, and transparent manner
• Every party had ample opportunity and sufficient time to express their opinions and points of view
• The CA kept the FM informed of all relevant exchanges in advance before disseminating the information to all parties
• Whenever necessary, supporting documentation was offered and provided by all parties
• Supplementary or follow-on meetings were scheduled, allowing sufficient time for all parties to adequately prepare
• The CA ensured fairness and equality in the procedures, promoting integrity and openness throughout the negotiation process
• The bid's requirements and technical specifications did not materially change; however, clarifications were provided by all parties, contributing to the de-risking of the price proposal
• Upon the conclusion of the negotiations, the CA informed sole bidder that a letter of award would follow upon approval from the Treasury Board.

Reference documents

Documents related to solicitation T8127-200020/D are available on CanadaBuys or through the project office.

Addendum to the final report

July 26, 2023

Addendum to the FM final report dated July 26, 2023 for the competitive procurement process of the Automotive Testing, Operation and Maintenance Expert Services for the MVTC.

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

Contract award, communications, and debriefing

The contract was awarded on June 6, 2023. No debrief was requested nor provided to the successful bidder. The FM reviewed all correspondence and observed all meetings with the bidders. The process conducted conformed to the requirements of the RFP. All bidders were treated fairly.

Attestation of assurance

The FM hereby provides the unqualified assurance statement below concerning the competitive procurement process of the Automotive Testing, Operation and Maintenance Expert Services for the MVTC to its conclusion on June 6, 2023.

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

Original signed by: