Non-Operational Clothing and Footwear Contract

1. Introduction

RFP Solutions Inc. was engaged on August 4, 2017 as a Fairness Monitor (FM) to observe all phases of the competitive procurement process for the Non-Operational Clothing and Footwear Contract (NOCFC).

To support the planned procurement, Public Services and Procurement Canada (PSPC) and the Department of National Defence (DND) planned a multi-phased Request for Information (RFI) approach leading to a Request for Proposal (RFP). The first RFI was conducted prior to the engagement of RFP Solutions Inc. as the FM. It was issued by PSPC on behalf of DND on March 9, 2017 through Solicitation Number W8486-174014/A; closing on April 18, 2017.

RFP Solutions Inc. was engaged as the FM beginning with the second RFI process. The second RFI was issued by PSPC on behalf of DND on February 6, 2018; closing on March 7, 2018. The second RFI was issued under Solicitation Number W8486-174014/B.

The RFP was issued by PSPC on behalf of DND on November 19, 2018; closing on March 6, 2019. The RFP was issued under Solicitation Number W8486-174014/C.

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

We hereby submit this Final Report for the Non-Operational Clothing and Footwear Contract, covering the activities of the FM, commencing with review of the draft second RFI through the RFI posting period and receipt and review of the responses. It goes on to cover the FM activities related to the review of the draft of the RFP prior to posting on buyandsell.gc.ca, continuing through the responses to enquiries from potential bidders leading to the bid closing period. This report also addresses the evaluation of the sole proposal 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

The Department of National Defence (DND) ensures that its military and civilian professionals are well equipped with clothing and footwear that fit properly and allow them to do their jobs efficiently.

Over the years, Organizational and Occupational Clothing has been supplied through a Managed Clothing Solution (MCS) where a third-party provider ensures that requirements are filled as and when required.

The MCS provides end-to-end management of the DND supply chain for non-operational clothing and footwear, from acquisition and/or manufacturing to inventory management to distribution. It includes professional and design services as well as configuration management.

The successful bidder will supply DND with a complete supply chain management approach that encompasses program management services, professional services, manufacturing, warehousing and inventory management, order processing and management, and distribution and delivery.

The MCS will also provide an online Order Management System for use by Authorized Users who will order items for Direct Delivery to the address of their choice.

National and international deliveries may be required by the successful Bidder; destinations will only be specified at time of order.

3. Attestation of assurance

The Fairness Monitor hereby provides the following unqualified assurance statement concerning the competitive procurement process for the Non-Operational Clothing and Footwear Contract.

It is our professional opinion that the Request for Proposal process for the Non-Operational Clothing and Footwear Contract 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, observed the pre-solicitation and solicitation activities, 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 observation of the Fairness Monitor to date.

5. Fairness monitor activities and observations

5.1 Development of request for information

The FM conducted a review of the drafts and final RFI documentation. This included:

• RFI Document;
• Terms and Conditions of the Engagement Process;
• Anticipated Security Requirements Check List;
• Volumetric Data; and
• Related RFI questions.

The FM provided assurance as to the neutrality of the requirements, the objectivity of requirements and process; and the clarity of the documentation to support understandability by interested suppliers.

Observations

In reviewing the draft RFI documentation, the FM provided several comments on the clarity of the documentation to the Contracting Authority and these were all addressed prior to issuing the RFI.

5.2 Request for information posting

The RFI was issued to potential bidders via buyandsell.gc.ca on February 6,  2018 with the final closing date on March 7, 2018 at 2:00 pm Eastern Standard Time.

Industry days and one-on-one meetings were not part of this phase. No questions were posed as part of this RFI phase and no amendments or addenda were issued.

Observations

In observing the RFI posting period, no fairness considerations were identified by the FM.

5.3 Request for information close

The FM discussed the way the responses to the RFI were received and handled with the Contracting Authority.

Six responses were received and handled in accordance with the closing requirements and deadline stated in the RFI.

Observations

In reviewing the receipt and handling of the RFI responses, the FM did not observe any fairness issues.

5.4 Request for proposal pre-issue stage

The FM conducted a review of the drafts and final RFP documentation. This included a review of the:

• General Information
• Bidder Instructions
• Bid Preparation Instructions
• Evaluation Procedures / Contractor Selection Methodology / Bid Evaluation
• Certifications and Additional Information
• Security, Financial and Insurance Requirements
• Resulting Contract Clauses
• Related Annexes and Appendices

The FM 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 potential bidders 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 draft RFP documentation, the FM provided comments on the clarity of the documents. All comments were appropriately addressed by the Contracting Authority prior to the posting of the RFP. No fairness issues were observed.

5.5 Request for proposal posting

The RFP was issued to potential bidders via buyandsell.gc.ca on November 19, 2018. The final closing date was March 6, 2019 at 2:00 pm Eastern Standard Time.

A total of 20 questions were received. Responses to the questions were provided to all potential bidders as amendments via buyandsell.gc.ca. A total of nine amendments to the terms and conditions of the solicitation were issued in six solicitation amendment documents; each of which was reviewed by the FM.

Observations

The Fairness Monitor reviewed all questions and answers and amendments issued. No fairness issues were observed.

5.6 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.

One bid was 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, no fairness considerations were identified by the Fairness Monitor.

5.7 Review of submission requirements

Following the RFP closing, a review of the submission requirements was undertaken for the one bid received by the Contracting Authority. The bid met these requirements and was eligible to proceed to the evaluation of the point-rated technical and Industrial and Technologies Benefits/Value Proposition (ITB/VP) requirements.

The Fairness Monitor verified the results of the review of submission requirements against the requirements in the RFP.

Observation

In verifying the results of the review of submission requirements, the Fairness Monitor did not observe any fairness issues.

5.8 Evaluation instructions

Prior to bid evaluations, the Fairness Monitor reviewed the evaluation guidelines, including evaluator responsibilities, code of conduct, security, confidentiality and conflict of interest requirements, and evaluation methodology. The Fairness Monitor was present during an evaluation methodology briefing held on March 18, 2019 for the two technical evaluation teams; a DND team was responsible for evaluating the response to the technical requirements and an Innovation, Science and Economic Development Canada (ISEDC) team was responsible for evaluating the ITB/VP requirements.

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

Observations

In reviewing the evaluation methodology and related requirements, the Fairness Monitor did not observe any fairness issues.

5.9 Mandatory technical requirements evaluation

The DND evaluation team, having individually reviewed the bid, met on March 28, 2019, to assess the mandatory technical requirements. The one bid was then deemed to have met the both the submission and mandatory technical requirements and eligible to move to the point rated technical evaluation.

The Fairness Monitor monitored the evaluation of the mandatory technical requirements and reviewed and verified the results.

Observation

In overseeing the mandatory requirement evaluation and reviewing the results, the Fairness Monitor did not identify any fairness issues.

5.10 Technical point rated requirements evaluation

Immediately following completion of the evaluation of the mandatory technical requirements, the DND evaluation team conducted its evaluation of the pointed rated technical requirements on March 28, 2019.

The one bid met the minimum technical point rated technical requirements threshold score of 75% and was deemed eligible to proceed to the evaluation of the ITB/VP requirements.

The Fairness Monitor monitored the evaluation of the technical point rated requirements and reviewed the results.

Observation

In overseeing the evaluation of the technical point rated requirements and reviewing the results, the Fairness Monitor did not identify any fairness issues.

5.11 Mandatory industrial and technological benefits/value proposition requirements evaluation

On April 12, 2019, the ISEDC evaluation team, having reviewed the one bid individually, met to assess the bid against the ITB/VP mandatory requirements and determined that that the bid met these requirements. Having met those mandatory requirements, the one bid received was deemed eligible to move to the point rated ITB/VP evaluations.

The Fairness Monitor monitored the evaluation of the mandatory requirements and reviewed and verified the results.

Observation

In overseeing the mandatory requirement evaluation and reviewing the results, the Fairness Monitor did not identify any fairness issues.

5.12 Technical and industrial and technological benefits/value proposition point rated requirements evaluation

Immediately following completion of the evaluation of the mandatory ITB/VP requirements, the ISEDC evaluation team conducted its evaluation of the pointed rated ITB/VP requirements on April 12, 2019.

There was no minimum threshold score for the ITB/VP point rated requirements but the bid did receive full points.

The Fairness Monitor monitored the evaluation of the industrial and technological benefits/value proposition point rated requirements and reviewed the results.

Observation

In overseeing the evaluation of the industrial and technological benefits/value proposition point rated requirements and reviewing the results, the Fairness Monitor did not identify any fairness issues.

5.13 Compliance assessment report

The Contracting Authority issued a compliance assessment report (CAR) to the one bidder on April 19, 2019 indicating that its bid was compliant with all RFP requirements.

The Fairness Monitor reviewed the CAR.

Observation

In reviewing the CAR, the Fairness Monitor did not identify any fairness issues.

5.14 Price evaluation, verification and bidder selection

The Contracting Authority, having previously reviewed the bid pricing, determined that the bid had the lowest cost per point as it was the sole bid received.

Following the completion of the overall evaluation of the bid, the bidder was recommended for award of a contract, subject to the Contracting Authority conducting a price review to ensure the pricing is at market rates and verifying compliance with security requirements and conducting required integrity checks. Contract award is also subject to consideration and approval by the Treasury Board of Canada.

Observation

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

5.15 Communications and debriefing

This section will be completed as an Addendum to this report following completion of contract award and debriefing of the bidders, if required.

6. Reference documents

The following documents related to Solicitation Numbers W8486-174014/B and W8486-174014/C are available on buyandsell.gc.ca and/or through the project office.

7. Addendum to the final report, September 23, 2020

Addendum to the Fairness Monitor Final Report dated May 13, 2019 pertaining to the competitive procurement process for the Non-Operational Clothing and Footwear Contract, issued by Public Services and Procurement Canada (PSPC) as a result of Solicitation Number W8486-174014/C.

This Addendum to the Fairness Monitor Final Report covers the period following the conclusion of the evaluation phase up to contract award. One bid was received by PSPC in response to the Request for Proposal (RFP). The bid met the administrative and mandatory requirements of the RFP and the overall minimum rated technical evaluation threshold. As there was only one bid, it was subject to a price review to ensure the pricing is at market rates. There was an additional requirement for consideration and approval by the Treasury Board of Canada prior to contract award.

The sole bidder was notified of the contract award via e-mail on June 3, 2020 and advised that they were entitled to a debriefing. Prior to award, the Fairness Monitor reviewed the contract to ensure alignment with the RFP requirements.

The sole bidder did not request a debriefing.

Attestation of Assurance

The Fairness Monitor hereby provides the following unqualified assurance statement concerning the competitive procurement process for the Non-Operational Clothing and Footwear Contract.

It is our professional opinion that the Non-Operational Clothing and Footwear Contract Request for Proposal evaluation and contract award processes we observed, were carried out in a fair, open and transparent manner.