Canadian Immigration Biometric Identification System

1. Introduction

Samson & Associates was engaged as a Fairness Monitor (FM) on February 21, 2019 to observe the competitive selection process for the Canadian Immigration Biometric Identification System (CIBIDS), undertaken by Public Works and Government Services Canada (PWGSC) as solicitation number B8986-180075/B. Samson & Associates is an independent third party with respect to this activity.

A Letter of Interest (LOI) was issued (solicitation number B8986-180075/A) prior to the involvement of Samson & Associates as FM. This LOI was issued on January 31, 2018 and had one amendment to extend the closing date from February 20, 2018 until March 2, 2018. We reviewed all the information provided and observed all relevant activities from the time of our involvement and had full access to all aspects of the procurement process and co-operation from all stakeholders.

We hereby submit the FM Final Report, covering the activities of the FM commencing with the issuance of the Invitation to Qualify (ITQ) and continuing through to its evaluation phase and the debriefings.

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 Fairness Monitor hereby provides the following unqualified assurance statement concerning the competitive selection process for the Canadian Immigration Biometric Identity Systems, commencing with the issuance of the Invitation to Qualify, and continuing through to its evaluation phase and the debriefings.

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

3. Requirement

Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) are jointly responsible for the delivery of Canada’s Immigration Program. In accordance with the Immigration and Refugee Protection Act (IRPA), IRCC and CBSA work together to manage the movement of people across and within Canada’s borders. Among the issues addressed by these departments are the deterrence of illegal migration, prevention of entry to Canada of persons identified under IRPA as inadmissible (e.g. immigration violators, criminals, people involved in war crimes or crimes against humanity, etc.), and detention and removal of inadmissible persons from Canada.

Due to a global rise in identity fraud and the use of ever more sophisticated means to evade detection, a key challenge in Canada’s immigration program is identifying applicants and managing their identity with confidence. Identity is at the heart of all decisions taken by IRCC abroad and by CBSA at ports of entry. These decisions form the first line of defence against individuals who pose a criminal or security threat to Canadian society and economic migrants who seek to take advantage of Canada’s high standard of living. Further, because these decisions are relied upon by other federal, provincial and territorial departments to grant documents and benefits such as health care, there are important downstream implications if identity is not established with confidence at the outset.

To address these challenges, IRCC announced that they would begin biometrics collection for the Temporary Resident Program in 2009. In early 2012, a contract was signed for the development of the Temporary Resident Biometrics Program, the project that would become the CIBIDS, and the first official fingerprints were enrolled in 2013.

4. Methodology

Samson & Associates was engaged as a FM to observe the competitive selection process for the CIBIDS, 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 and observed procurement activities (e.g. ITQ and related amendments), identifying fairness-related matters to the contracting and technical authorities and ensuring that responses and actions were reasonable and appropriate.

The National Security Exceptions provided for in the trade agreements were invoked to exempt the procurement of all professional services and technology solutions in relation to the CIBIDS from the provisions of all of Canada’s trade agreements.

4.1 Activities and observations—invitation to qualify

This ITQ was intended to be the first phase of a two-phase procurement process. Suppliers were invited to prequalify in accordance with the terms and conditions of this ITQ to become "qualified respondents" for any later phases of the procurement process. Only qualified respondents would be permitted to bid on any subsequent solicitation issued as part of the procurement process.

Evaluator training sessions were held on September 26, 2019, and were attended by all evaluators as well as the Contracting Authority (CA) and the FM.

The ITQ was posted on buyandsell.gc.ca on November 6, 2019, as Solicitation # B8986-180075/B. The FM reviewed the ITQ document prior to being published.

There were two responses submitted to the ITQ. Evaluators conducted their individual evaluations separately and met on December 15, 2019, for the consensus meeting, which the CA and the FM attended. As a result of the consensus only one bidder was deemed responsive.

Canada conducted a Phased Bid Compliance Process (PBCP) for this ITQ.

In accordance with the PBCP, the bidders were provided with a Compliance Assessment Report (CAR) on December 20, 2019. The CAR provided an opportunity for the non-responsive bidder to submit additional or different information to demonstrate compliance with the eligible mandatory criteria identified in the CAR.

The bidder responded to the CAR on January 8, 2020, and provided additional information.

The evaluators again conducted their individual evaluations separately and met on January 15, 2020 for consensus. The CA and the FM attended the consensus meeting.

During the second consensus, the bidder was deemed to remain non-compliant and was debriefed in writing on February 13, 2020. The bidder requested and was provided additional information pertaining to their bid on February 24, 2020 and again on March 2, 2020. This concluded the briefing period of the ITQ.

As a result of the ITQ process PWGSC will enter negotiations with the sole qualified supplier.

The ITQ documents were written in a clear and understandable manner. There were no questions submitted during the ITQ process.

No fairness issues were identified.

5. Reference documents

Documents related to the solicitation #B8986-180075/A are available on buyandsell.gc.ca and/or through the project office.