Randle Reef: Stage 3—Engineered Containment Facility Construction
Fairness monitor final report: August 11, 2023
Addendum to final report: September 28, 2023
Submitted to: Director, Fairness Monitoring Program
Submitted by: RFP Solutions Inc.
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Attestation of assurance
The fairness monitor (FM) hereby provides the unqualified assurance statement below concerning Randle Reef Stage 3 Engineered Containment Facility (ECF) Cap Construction procurement process up to the bid evaluation processes.
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:
Rebecca Toman
Fairness Monitoring Contractor’s Representative
Senior Procurement and Fairness Advisor
RFP Solutions Inc.
Cathryn Kallwitz
Fairness Monitor
Managing Director
RFP Solutions Inc.
Stephen Fleming
Professional Engineer
Fairness Monitor
Activity requirement
RFP Solutions Inc. was engaged on November 26, 2013 as a FM to observe procurement activities related to the Randle Reef Sediment Remediation project. RFP Solutions Inc. is an independent third party with respect to this activity.
The Randle Reef Sediment Remediation project is a multi-stage project to dredge and contain contaminated sediment to reduce the environmental impacts in Hamilton Harbour.
The project is being completed in 3 stages:
- Stage 1: Construction of a marine double wall ECF enclosure and a wharf at Pier 15
- Stage 2: Dredging of contaminated sediments and depositing them within the ECF
- Stage 3: ECF sediment dewatering, capping above water level and consolidating of contaminated sediments within the ECF structure with engineered materials
This report covers the invitation to qualify (ITQ) phase, invitation to tender (ITT) phase and evaluation of bids leading to the recommendation of a winning bidder for the Randle Reef Stage 3 ECF Cap Construction, issued by Public Works and Government Services Canada, on behalf of Environment and Climate Change Canada, under solicitation number WS3873888363.
This report covers the activities of the FM from February 8, 2023 to July 24, 2023.
RFP Solutions Inc. was engaged to observe all stages of the competitive procurement processes associated with the Randle Reef Sediment Remediation project. Each competitive procurement process is subject to individual reporting.
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 ITQ, ITT, and evaluation phases of the procurement
- identified fairness-related matters to the contracting authority (CA)
- ensured that responses and actions were reasonable and appropriate
The below describes the FM activities undertaken during the engagement and our related observations.
In this section
Invitation to qualify phase
The FM was engaged to begin fairness monitoring activities prior to the release of the ITQ.
The FM reviewed draft versions of the ITQ and identified fairness comments that were addressed prior to the release.
The ITQ was released on Ariba on February 16, 2023. During the posting period, 1 amendment was issued on March 9, 2023 to revise the ITQ terms and conditions and to respond to questions from industry.
The FM reviewed the amendment before it was released. The FM did not identify any fairness issues with the amendment.
Nine responses to the ITQ were received and handled in accordance with the requirements when it closed on March 21, 2023.
The FM discussed the way the responses to the ITQ were received and handled with the CA; no fairness issues were identified.
Invitation to qualify evaluation phase
The ITQ evaluation committee had 2 members and was facilitated by the CA. The FM reviewed the evaluation workbook prior to the evaluation to ensure alignment with the ITQ and amendments; no fairness concerns were identified.
A consensus evaluation meeting was conducted on March 27, 2023 and was observed by the FM. The 2 evaluation committee members also conducted reference checks for all respondents to validate the project information submitted. The reference checks were completed by March 29, 2023. The FM reviewed the scoring records before and after the consensus evaluation meeting and the record of results after the reference checks were completed. No fairness concerns were identified with the evaluation.
Eight respondents were deemed to have met the mandatory ITQ requirements and eligible to participate in the ITT.
Invitation to tender phase
The ITT was issued to the 8 qualified respondents on May 18, 2023 through Ariba. The FM reviewed several versions of the ITT prior to its release, identifying fairness comments that were addressed.
An optional site visit on June 8, 2023 was attended by representatives of all 8 qualified respondents. The CA was in attendance. The FM was not in attendance as questions from the suppliers were not to be permitted.
Six amendments to the ITT were issued on May 29, 2023 and on June 14, 21, 23, 26, and 29, 2023 to revise the terms and conditions of the ITT and to respond to questions from suppliers. The FM reviewed amendment 1 after it was released and amendments 2 through 6 prior to their release. No fairness issues with the amendments were identified.
Seven bids were received and handled in accordance with the ITT requirements when it closed on July 5, 2023.
The FM reviewed the way the bid responses to the ITT were received and handled with the CA; no fairness issues were identified.
Tender evaluation phase
Following ITT closing, a review of mandatory requirements was undertaken individually by the 3 members of the evaluation committee for each of the 7 bids received.
A consensus evaluation meeting was facilitated by the CA on July 12, 2023 and was observed by the FM. A clarification on 1 bid was required to confirm dates for reference projects and compliance with the mandatory requirements. The clarification question to the bidder was issued and responded to on July 12, 2023. Six of the 7 bids were deemed compliant and eligible to be evaluated against the Indigenous participation plan (IPP) requirements. One of the 7 bids was deemed to be non-compliant with the mandatory requirements. The FM observed the consensus evaluation meeting and reviewed the clarification question and response; no fairness issues were observed.
The CA released the IPP submissions from the 6 eligible bids to the evaluators on July 14, 2023. Bidders for 2 of the 6 bids were requested to provide clarification on the value or percentage of IPP. Both responded within the timelines required by the ITT process. Two of the 6 bids did not meet the minimum IPP commitment of 10% and were set aside.
The other 4 bids met the IPP requirements, and their pricing was released to the technical evaluation team on July 20, 2023. The highest combined rating of IPP (10%) and price (90%) for the largest area of work within the disclosed budget was used to determine the successful bidder.
A recommendation for contract award was made on July 24, 2023.
The FM reviewed the results of the IPP and price evaluations with the CA and the recommendation for contract award; no fairness issues were identified.
Reference documents
Documents related to solicitation number WS3873888363 are available through CanadaBuys and through the project office.
Addendum to the final report
September 28, 2023
Addendum to the final report dated August 11, 2023 for the Randle Reef Stage 3 ECF Cap Construction.
This addendum covers the period following the conclusion of the evaluation phase including contract award and debriefings.
The 3 bidders that were not compliant with the requirements were notified on July 21, 24 and 26, 2023. The regret letters provided each bidder with an assessment of their bid and indicated that they were entitled to a debrief on the results. Two of the non-compliant bidders requested debriefings that were conducted on July 26, 2023. The FM reviewed the regret letters but was not invited to the debriefings. In reviewing the regret letters, the FM did not identify any fairness issues.
The highest-ranking bidder was awarded the contract on July 24, 2023 pending the receipt of the required contract security and contract insurance, which were fulfilled; the contract was executed the same day. The FM reviewed the communication and the draft contract; no fairness issues were identified. Letters of regret were sent to the 3 compliant, but unsuccessful bidders via email on August 9, 2023. The letters identified the successful bidder and the contract value, and informed the unsuccessful bidders that that they were entitled to a debrief on the results. One of 3 bidders requested a debriefing which was held on August 16, 2023. The FM reviewed the regret letters and did not identify any fairness issues. The FM was not invited to the debriefing.
The award notice was published on CanadaBuys on September 27, 2023.
Attestation of assurance
The FM hereby provides the unqualified assurance statement below concerning the Randle Reef Stage 3 ECF Cap Construction up to and including the contract award and debriefing activities.
It is our professional opinion that the process we observed or monitored were carried out in a fair, open and transparent manner.
Original signed by:
Rebecca Toman
Fairness Monitoring Contractor’s Representative
Senior Procurement and Fairness Advisor
RFP Solutions Inc.
Cathryn Kallwitz
Fairness Monitor
Managing Director
RFP Solutions Inc.
Stephen Fleming
Professional Engineer
Fairness Monitor
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