Near Shore Fishery Research Vessel Build

Fairness monitor final report: September 28, 2023

Addendum to final report: February 20, 2024

Submitted to: Director, Fairness Monitoring Program

Submitted by: P1 Consulting Inc.

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Attestation of assurance

The fairness monitor (FM) hereby provides the unqualified assurance statement below concerning the Near Shore Fishery Research Vessel (NSFRV) Build procurement process up to and including the conclusion of the Request for Proposal evaluation phase.

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

Original signed by:

Stephanie Braithwaite
Director Fairness Services
P1 Consulting Inc.

Martin Cukierman
Fairness Monitor Team Leader
Bachelor of Science
Bachelor of Civil Law
Bachelor of Laws
Member of Law Society of Ontario
P1 Consulting Inc.

Jill Newsome
Senior Vice-President
P1 Consulting Inc.

Oliver Grant
Consultant
P1 Consulting

Activity requirement

P1 Consulting Inc. was engaged on August 8, 2019, as an FM to observe the procurement process for the NSFRV Build, issued by Public Works and Government Services Canada on behalf of the Department of Fisheries and Oceans (DFO) and the Canadian Coast Guard (CCG) under solicitation numbers: F7013-200032/B/C/D, F7013-210006/A and F7013-220306/A. P1 Consulting Inc. is an independent third party with respect to this activity.

This report covers the activities of the FM, during the entire procurement process from August 8, 2019 to September 5, 2023.

DFO and CCG have a requirement to build and deliver 1 new NSFRV. The primary function of the NSFRV is oceanographic science. Secondary missions require capabilities consistent with search and rescue and environmental response.

We reviewed all of the information provided and observed 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 request for identification (RFID), request for information (RFI) and request for proposal (RFP) activities
  • identified fairness-related matters to the contracting and technical authorities if/when applicable
  • ensured that responses and actions were reasonable and appropriate

The following report sub-sections outline the activities at each procurement milestone.

In this section

Draft request for identification F7013-200032/B

As part of our engagement, we have undertaken the following.

Review of the draft request for identification - propulsion

The FM reviewed the draft RFID - propulsion issued on August 19, 2020.

Review of communications

During the open period from August 19, 2020 to September 2, 2020, the FM reviewed the communications between Canada and the potential RFID participants.

Request for identification F7013-200032/C

As part of our engagement, we have undertaken the following.

Review of the request for identification - propulsion

The FM reviewed the revisions to the RFID – propulsion based on feedback from industry following the draft RFID – propulsion from September 22, 2020 to the release of the RFID – propulsion on September 29, 2020.

Review of open period

From September 29, 2020 to November 2, 2020, the FM reviewed the RFID – propulsion bid open period related to the procurement process which included the review of 2 amendments.

Review of the closing

The FM received confirmation from the contracting authority (CA) that no late submissions were accepted following the closing deadline of November 2, 2020 at 2:00 pm Eastern standard time (EST).

Review of evaluation criteria and procedures

The FM reviewed the evaluation criteria and procedures for the RFID - propulsion to confirm that the evaluation would be completed in a manner that was fair, open and transparent. On November 12, 2020 the FM attended the bid evaluation meeting. This evaluator training meeting included a review of protocols and procedures with respect to conducting the evaluation remotely.

Monitoring of mandatory requirements evaluation

This phase began with each evaluator undertaking their individual review prior to the consensus meetings. The evaluation of the mandatory requirements took place on November 19, 2020. The evaluation team meetings included the evaluation team, the CA representative and the FM in attendance. The consensus meetings followed the process outlined in the RFID and the evaluation guideline document.

Monitoring of technical rated requirements evaluation

This phase began with each evaluator undertaking their individual review prior to the consensus meetings. The meetings took place on November 30, 2020 and December 2, 2020. The evaluation team meetings included the evaluation team, the CA and the FM in attendance. The consensus meetings followed the process outlined in the RFID and the evaluation guideline document.

Review of financial evaluation and final ranking

On December 9, 2020, the CA presented the results of the financial evaluation and final ranking to the FM.

Review of notification letters

On December 21, 2020, the CA representative provided the FM the draft notification letters prior to their issuance on December 21, 2020 to the unsuccessful respondents.

Debriefings

The FM reviewed the written debrief before being sent to respondents by email on December 23, 2020 and observed the verbal debrief to respondents by web conference on January 6, 2021.

Request for identification F7013-200032/D

As part of our engagement, we have undertaken the following.

Review of the request for identification - deck equipment documents

The FM reviewed the RFID – deck equipment prior to its release on December 18, 2020. The FM also reviewed the 3 amendments issued during the bid open period, prior to their issuance.

Review of the closing

The FM received confirmation from the CA that 2 responses were received and no late submissions were accepted following the closing deadline of February 5, 2021 at 2:00 pm EST.

Review of evaluation criteria and procedures

The FM reviewed the evaluation criteria and procedures to confirm that the evaluation would be completed in a manner that was fair, open and transparent.

The FM attended the evaluator training meeting held on February 17, 2021. This meeting included a review of protocols and procedures with respect to conducting the evaluation remotely.

Monitoring of mandatory requirements evaluation

This phase began with each evaluator undertaking their individual evaluation of the mandatory requirements prior to the consensus meeting held on February 19, 2021. The participants at the consensus meeting included the evaluation team, CA and the FM. The consensus meeting followed the process outlined in the RFID and the evaluation guideline document. Both submissions were deemed responsive to the requirements and as a result were eligible to proceed to next stage of the procurement process.

Monitoring of technical rated requirements evaluation

This phase began with each evaluator undertaking their individual evaluation of the technical rated requirements prior to the consensus meeting held on March 10, 2021. In attendance at the consensus meeting was the evaluation team, the CA and the FM. The consensus meeting followed the process outlined in the RFID and the evaluation guideline document.

Financial review and final ranking

On March 11, 2021 the CA presented the results of the financial evaluation and final ranking results to the FM.

Review of notification letters

The FM reviewed the notification letters on March 11, 2021 prior to their issuance the same day by the CA.

Request for information F7013-210006/A

As part of our engagement, we have undertaken the following.

Review of the request for information, and amendments

The FM reviewed the RFI received on October 27, 2021, which was posted on October 28, 2021. The RFI had 2 amendments which were also reviewed prior to posting. The RFI closed on May 31, 2022.

Supplier engagement

The FM attended 3 one-on-one meetings with suppliers that took place between November 22, 2021 and November 29, 2021. The FM also monitored communications throughout the RFI period.

Request for proposal F7013-220306/A

As part of our engagement, we have undertaken the following.

Review of the request for proposal

The FM reviewed the draft RFP from a fairness perspective upon its receipt on August 30, 2022. Any concerns were adequately addressed by the CA prior to public posting on September 21, 2022.

Review of evaluation criteria and procedures

The FM reviewed the evaluation criteria and procedures for the RFP to ensure that the evaluation would be completed in a manner that was fair, open and transparent.

Review of amendments

There were 18 amendments related to the procurement process issued during the RFP open period which were reviewed by the FM. Any concerns were adequately addressed by the CA prior to public posting.

Review of request for proposal closing

The FM received confirmation from the CA that no late submissions were received following the closing deadline of May 19, 2023 at 14:00 pm EST. The CA provided confirmation that there were 3 bids received and handled in accordance with the closing requirements and deadline as stated in the RFP.

Evaluation preparation

On June 1, 2023 the FM attended an evaluation guideline meeting with the evaluation team and CA to review the evaluation requirements, process, and schedule. Prior to undertaking the evaluation, all members of the evaluation team signed off on confidentiality and conflict-of-interest declaration. Fairness-related comments were provided, and appropriate action was taken by the CA and evaluation team.

Monitoring of evaluation of the bids

The technical evaluation began with each evaluator undertaking their individual evaluation of the mandatory and rated criteria for each of the 3 bids. The consensus meetings took place on June 8, 2023, June 15, 2023 and June 16, 2023 and were attended by the FM. Clarifications were issued to 1 of the bidders on June 15, 2023 and June 23, 2023 which were reviewed by the FM, along with the responses which were shared with the evaluation team for their consideration. On June 29, 2023 the evaluation reconvened to discuss the clarification responses. In accordance with the phased bid compliance process, compliance assessment reports (CARs) were sent to the bidders on July 4, 2023. Final technical consensus meetings were held on July 25, 2023, and August 14, 2023 for the evaluation team to discuss the response to the CAR for 1 bidder. As an outcome of the technical evaluation, 2 of the 3 bids met the mandatory requirement and minimum rated technical threshold as established within the RFP to proceed to financial evaluation. One bid did not meet these requirements and did not receive further consideration. On September 5, 2023 the CA provided the final consensus spreadsheet containing the technical evaluation results which was reviewed by the FM. The FM observed that the technical evaluation was conducted in a fair and consistent manner.

Financial evaluation and final ranking

The CA completed the financial evaluation and final ranking of the 2 bids in accordance with the RFP and provided the spreadsheet for FM review on September 5, 2023. The FM reviewed the financial evaluation and final ranking, which were observed to be consistent with the RFP. In reviewing these results, the FM did not observe any fairness concerns.

Reference documents

Documents related to the solicitation numbers F7013-200032/B/C/D and F7013-210006/A are available through the project office. Documents related to solicitation number F7013-220306/A are available on CanadaBuys or through the project office.

Addendum to the final report

February 20, 2024

Addendum to the final report dated September 28, 2023, for the NSFRV Build.

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

The CA confirmed that the notification letter was sent on October 12, 2023 to the successful bidder and that the notification letters were sent on October 18, 2023 to the unsuccessful bidders. These letters were reviewed by the FM after sending. The contract was sent to the successful bidder on October 20, 2023.

All bidders had the opportunity to request a debriefing. In response to a request for debriefing from 1 unsuccessful bidder, a debriefing letter was sent on October 27, 2023, along with follow up communications sent on November 14, 2023 and December 22, 2023. The letter and communications were reviewed by the FM prior to being sent by the CA. There were no issues or comments made by any bidder which impacted our attestation as the fairness monitor for this project that the procurement was conducted in an open fair and transparent manner.

Attestation of assurance

The FM hereby provides the unqualified assurance statement below concerning the NSFRV Build procurement up to and including the conclusion of the contract award and debriefing activities.

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

Original signed by:

Stephanie Braithwaite
Director Fairness Services
P1 Consulting Inc.

Martin Cukierman
Fairness Monitor Team Leader
Bachelor of Science
Bachelor of Civil Law
Bachelor of Laws
Member of Law Society of Ontario
P1 Consulting Inc.

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