Radar equipment - Canadian Coast Guard

Fairness monitor final report, February 18, 2020

Addendum to final report, May 12, 2020

Submitted to Director, Fairness Monitoring Program

Submitted by P1 Consulting Inc.

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Introduction

P1 Consulting Inc. (P1 Consulting or Fairness Monitor) was engaged on March 12, 2019 as a Fairness Monitor (FM) to observe the procurement process for the Radar Equipment Procurement (Radar) for the Canadian Coast Guard (CCG) issued by Public Services and Procurement Canada (PSPC) on behalf of the Department of Fisheries and Oceans (DFO) as a result of Request for Information (RFI) Solicitation Number: F7048-160039/D and Request for Proposal (RFP) Solicitation Number: F7048-160039/E.

P1 Consulting 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 Fairness Monitor commencing from the start of our engagement on March 12, 2019 with the review of the draft RFP and continuing through to the end of the Financial Evaluation on December 23, 2019. This report includes our attestation of assurance, a summary of the scope and objectives of our assignment, and relevant observations from the activities undertaken.

Attestation of assurance

The Fairness Monitor hereby provides the following unqualified assurance statement that concerns the Radar Equipment Procurement for the Canadian Coast Guard Request for Information F7048-160039/D and Request for Proposal F7048-160039/E It is our professional opinion that the Request for Proposal processes which we observed were carried out in a fair, open and transparent manner.

Original signed by
Oliver Grant
FM Specialist, P1 Consulting Inc.

Original signed by
Martin Cukierman
B.Sc.; B.C.L.; LL.B. Member of Law Society of Ontario, Contractor Representative, P1 Consulting Inc.
FM Team Leader

Fairness monitoring engagement and observations

P1 Consulting was engaged as an FM to observe the RFI/D and RFP/E processes for the Radar procurement, 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 the RFI and RFP issuances, identifying fairness-related matters to the contracting and technical authorities if/when applicable and ensuring that responses and actions were reasonable, appropriate and fair. We reviewed all of the information provided and observed all relevant activities from our engagement date onwards as provided by PSPC and CCG. To date we believe we have had the full co-operation of both parties.

Request for information F7048-160039/D

P1 Consulting was engaged following the closure of the Request for Information F7048-160039/C (RFI/C) on February 28, 2019. The purpose of RFI/C was to seek input from industry to refine the requirement after the initial RFI (RFI F7048-160039/A) & RFP F7048-160039/B resulted in no compliant submissions.

RFI/D issued by PSPC on May 10, 2019 contained responses to questions received from industry following the release of revised specifications contained in Request for Information F7048-160039/C (RFI/C).

In accordance with the terms of our engagement, we familiarized ourselves with the relevant documents and participated in multiple Radar Oversight Committee meetings related to the Request for Information F7048-160039/D (RFI/D) identifying fairness-related matters to the contracting and technical authorities if/when applicable and ensuring that responses and actions were reasonable and appropriate. As RFI/A, RFP/B and RFI/C were completed prior to P1 Consulting’s participation in the procurement our report is limited to our review of the documents and our participation as it relates to RFI/D onwards.  

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

Request for proposal F7048-160039/E

To date, in our role as Fairness Monitor, P1 Consulting observed that the following was implemented:

P1 Consulting observed the procurement process for Radar related to RFP F7048-160039/E issued by PSPC on May 31, 2019.

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

Review of the RFP, and Addenda
P1 Consulting reviewed the RFP and fifteen addenda, related to the procurement process during the period from March 26, 2019 to August 8, 2019
Review of Evaluation Criteria and Procedures
P1 Consulting 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 RFP closing
P1 Consulting received confirmation from PSPC that five submissions were received following the closing deadline of August 9, 2019 at 2:00 pm Eastern Standard Time (EST)
Monitor Evaluator Training
P1 Consulting monitored the evaluator training (“Radar Bid Eval Kick-Off Meeting”) provided by PSPC and CCG on August 19, 2019. Prior to the meeting P1 Consulting reviewed the PWGSC Evaluation Instructions and Notes, the Evaluation Template, and the Two Phased Bid Evaluation Instructions documents
Review of Phase I – Financial Bid
Upon PSPCs review of the submissions received it was determined that all five submissions had been evaluated as compliant. P1 Consulting received notification from PSPC that all Bidders met the requirements. Only those submissions deemed responsive to the requirements would proceed to Phase II – Technical Bid
Review of Phase II – Technical Bid
Phase II began with each Evaluator undertaking their individual review of all Mandatory and Rated Requirements prior to the consensus meetings. The Phase II evaluation of the Mandatory and Rated Requirements took place during the period of August 30 to November 28, 2019

The evaluation team meetings attendance included the evaluation team, a PSPC Contracting Authority representative and the FM. The consensus meetings followed the process outlined in the RFP for the evaluation

To be considered past Phase II, Bidders must meet all mandatory criteria and achieve a minimum Technical score of 20 points for the technical evaluation criteria out of a possible 870 points available. Only those submissions deemed responsive to the requirements would proceed to the additional steps in Phase III

Four submissions met the requirements to continue in Phase III – Final Evaluation of the Bid
Phase III – Final Evaluation of the Bid
Only those submissions deemed responsive to the requirements would proceed to the Financial Evaluation. This phase was undertaken by the PSPC Contracting Authority and provided to the Fairness Monitor for review upon its completion

As part of Phase III the PSPC Contracting Authority undertook the valid Canadian content certification review (as per RFP 4.1.1.7). The RFP included the test that if two or more unaffiliated bids contained a valid Canadian content certification then only those submissions would be eligible to proceed to the Financial Evaluation. Three of the four compliant Bidders met the valid Canadian Content Certification. The PSPC Contracting Authority provided the summary of this review to the Fairness Monitor for review upon its completion

The three submissions that remained proceeded to the Financial Evaluation. This phase was undertaken by the PSPC Contracting Authority and provided to the Fairness Monitor for review upon its completion

The PSPC Contracting Authority inserted the Technical Rating and the Pricing Rating into the evaluation record following the process outlined in the RFP
Basis of Selection
Only those submissions deemed responsive to the requirements of Phase I-III that comply with all the requirements of the bid solicitation including the mandatory requirements and the technical rated threshold would be ranked based on their Combined Rating (Technical Merit and Price Merit). The highest Combined Rating will be the first Bidder recommended for the provision of the required services

Through our engagement, with respect to RFP F7048-160039/E, our activities related to identifying fairness matters to the contracting authority at PSPC and ensuring that the responses provided and any actions taken were fair, open and transparent. All comments provided by FM related to fairness were adequately addressed by PSPC.

Reference documents

Documents related to solicitation F7048-160039/D are available on CanadaBuys. 

Documents related to solicitation RFP F7048-160039/E are available on CanadaBuys.

Addendum to final report, May 12, 2020

Addendum to the final report dated February 18, 2020, for the procurement process for the Radar Equipment Procurement for the Canadian Coast Guard.

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

As part of our engagement, on January 28, 2020, we reviewed the draft notification of contract award letters. The Fairness Monitor reviewed the letters prior to their issuance and found no fairness issues with the letters. All unsuccessful Bidders were notified via email on February 11, 2020, of the contract award. Included in each letter was a summary of the Bidders evaluation and an offer to request further information regarding the evaluation by request for a debrief.

All Bidders were provided the opportunity to attend a debriefing. Three Bidders requested an in-person debrief while a fourth Bidder requested to have some participants join by teleconference in addition to those participating in-person. The Fairness Monitor attended all of the requested debriefings meetings with the Bidders. The debriefings were carried out by the PSPC Contracting Authority and the Client Authority. No issues or comments were 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.

Fairness monitor attestation of assurance

The Fairness Monitor hereby provides the following unqualified assurance statement that concerns the Radar Equipment Procurement for the Canadian Coast Guard Request for Information F7048-160039/D and Request for Proposal F7048-160039/E. It is our professional opinion that the procurement processes which we observed were carried out in a fair, open and transparent manner.

Original signed by
Oliver Grant
FM Specialist, P1 Consulting Inc.

Original signed by
Martin Cukierman
B.Sc.; B.C.L.; LL.B. Member of Law Society of Ontario, Contractor Representative, P1 Consulting Inc.
FM Team Leader

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