Land, Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance: Intelligence Surveillance Target Acquisition and Reconnaissance Sustainment Services

Fairness monitor final report: June 28, 2023

Addendum to final report: March 1, 2024

Submitted to: Director, Fairness Monitoring Program

Submitted by: Samson

On this page

Attestation of assurance

The fairness monitor (FM) hereby provides the unqualified assurance statement below concerning the Land, Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance (LC4ISR) for the Intelligence Surveillance Target Acquisition and Reconnaissance (ISTAR) Sustainment Services procurement process up to and including the conclusion of the evaluation phase.

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

Original signed by:

Mathieu Farley
Chartered Professional Accountant Auditor
Certified Internal Auditor
Certified Information Systems Auditor
Certified Fraud Examiner
Fairness Monitor Team Leader
Partner, Audit and Advisory Services
Samson

Ted Pender
Fairness Monitor

Project requirement

Samson was engaged as a FM on September 30, 2020, to observe the competitive selection process for the LC4ISR for the ISTAR Sustainment Services undertaken by Public Works and Government Services Canada (PWGSC), on behalf of the Department of National Defence (DND). Samson is an independent third party with respect to this activity.

There are currently 4 major sustainment contracts that support, in part, the LC4ISR capability that are being replaced as part of this competitive acquisition. Canada is proposing to replace these 4 contracts with 4 new functional groupings, which will eventually become 4 new contracts.

The ultimate goal of the LC4ISR sustainment project is to implement a long-term solution that will deliver performance through innovative and flexible solutions in engineering, integration, system development and support to meet the operational requirements of the Canadian Army while providing value for money and economic benefits to the Canadian people.

We reviewed all 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
  • the methodologies applied
  • 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 and activities
    • request for information (RFI) documents
    • comments and/or questions resulting from the RFI
    • request for proposals (RFP)
  • identified fairness-related matters to the contracting and technical authorities
  • ensured that responses and actions were reasonable and appropriate

In this section

Industry engagement

Solicitation W8486-200731/A

An initial RFI, W8486-200731/A, was issued on August 4, 2020, in order for DND to seek industry’s input and feedback to help shape their long-term LC4ISR sustainment initiative contracts.

The initial closing date of August 28, 2020 was extended through amendment until September 11, 2020. There were 3 amendments in all, the last of which was issued August 24, 2020.

Solicitation W8486-200731/B

A second RFI was issued as solicitation W8486-200731/B on July 29, 2021. This RFI was a follow-on industry engagement process to the letter of interest (LOI) W8486-200731/A noted above that was issued in August 2020.

The initial close date of December 30, 2022 was extended through amendment until February 28, 2023. There were 5 amendments in all, the last of which was published on December 16, 2022.

The LOI made it clear that there would eventually be 4 separate draft RFP related to the LC4ISR sustainment services that industry would be able to review and comment on. They were:

  1. ISTAR
  2. Applications
  3. Core Network
  4. System of Systems Engineering and Integration

With this RFI, Canada sought industry feedback regarding current and innovative marketplace capabilities for the long-term sustainment of the LC4ISR, which provides Canadian Army commanders and staff with the information and situational awareness they require to make effective and timely command and control decisions about assigned forces.

The intent of the second RFI process was to further engage industry in a consultative process by seeking feedback via the responses to 11 specific questions to gain a better understanding of industry’s capability and practicality of the service requirements and envisioned future sustainment of LC4ISR.

Responses to the questions were to be submitted to the PWGSC contracting authority, on or before August 30, 2021. However, the RFI remained open to allow ongoing engagement opportunities with industry, particularly for clauses that related to all 4 of the upcoming draft RFPs, after the above-mentioned submission date.

As part of the engagement process, 3 one-on-one sessions were held with prospective bidders between May 24, 2022, and June 23, 2022. The FM attended all 3 sessions.

Draft request for proposals process

The national security exceptions provided for in the trade agreements were invoked; therefore, this procurement was excluded from all of the obligations of all the trade agreements.

The draft RFPs were published on behalf of DND to solicit proposals from industry for the provision of sustainment services for the LC4ISR to support the Canadian Armed Forces (CAF).

Solicitation W8486-200731/E

ISTAR consists of engineering, integration and development that supports services and capabilities for military specialists that connect to the LC4ISR. In particular, this draft RFP described the requirements for the ISTAR sustainment services to support the CAF.

The solicitation was published on February 14, 2022, and posed 6 questions to prospective bidders. The initial close date was March 31, 2022, but was extended through amendment until July 15, 2022. There were 9 amendments in all, the last of which was published on July 14, 2022.

The amendments responded to 4 questions from potential bidders. Three of the questions and responses were generic in nature and could apply to other LC4ISR draft RFPs as well.

The collated feedback from the prospective bidders related to the four draft RFPs was shared with the FM on August 10, 2022.

Request for proposals process

Solicitation W8486-228515/A

The RFP for ISTAR was published on December 14, 2022. The initial close date of January 23, 2023, was extended until February 10, 2023 via amendment. There was a total of 10 amendments, with the last published on February 6, 2023. There were 30 questions responded to via amendment.

No fairness issues were noted as part of the industry engagement or RFP phase of the LC4ISR ISTAR sustainment competitive acquisition process.

It is the opinion of the FM that the industry engagement and RFP activities for the procurement of the above noted services were conducted in a fair, open and transparent manner. In this context, fairness refers to decisions being made:

  • objectively
  • free from bias
  • favouritism or influence
  • conform to established rules

Evaluation phase

Solicitation W8486-228515/A

Two bids were received in response to the RFP.

The basis of selection for this bid was based on the highest responsive combined rating of:

  • technical merit: 55%
  • price: 30%
  • value proposition (VP): 15%

The bidder with the highest combined rating of technical merit, price and VP will be recommended for contract award.

Canada assessed bids in accordance with the phased bid compliance process (PBCP) as set out in the evaluation procedures and basis of selection section of the solicitation document. As part of the PBCP, bidders that do not demonstrate compliance with the eligible mandatory criteria set out in the solicitation document are entitled to submit additional or different information with the purpose of demonstrating compliance with the mandatory criteria identified in a compliance assessment report (CAR).

Canada established separate evaluation committees to review the technical merit and the VP aspects of the submitted bids. There were 5 evaluators in each committee. Prior to conducting bid evaluations, a meeting was held with both the technical merit and the VP evaluators to review the process and roles and responsibilities of all participants. The contracting authority and the FM attended both meetings.

The technical merit evaluation began on February 15, 2023. During the technical evaluation 1 bidder was issued a CAR on February 16, 2023, for not demonstrating compliance with the eligible mandatory criteria set out in the solicitation document.

The bidder responded and provided the information required to demonstrate compliance with the eligible mandatory criteria set out in the solicitation document. The technical merit evaluation concluded on February 21, 2023.

The VP evaluation began on February 22, 2023, and concluded April 24, 2023.

PWGSC completed their review of the financial submissions and identified the bid with the highest responsive combined rating of technical merit, price and VP.

No fairness issues were identified.

Reference documents

Documents related to solicitations W8486-200731/A through F and solicitation W8486-228515/A are available on CanadaBuys and/or through the project office.

Addendum to the final report

March 1, 2024

Addendum to the final report dated June 28, 2023, for the LC4ISR for the ISTAR Sustainment Services.

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

Fairness monitoring activities related to contract award and debriefings

A contract was awarded to the successful bidder on December 15, 2023.

On the same day the contracting authority provided the unsuccessful bidder a regret letter with the results of the solicitation. The FM reviewed the letter prior to release.

The unsuccessful bidder received a detailed in person debrief regarding the evaluation results of their bid in response to the solicitation. He also participated in a virtual meeting to review a clarification for a question raised in the initial debrief. The FM attended both debriefs with the unsuccessful bidder.

The successful bidder participated in a virtual debriefing session regarding the evaluation results of their bid. The FM attended in this debrief as well.

January 29, 2024, was the last communication with firms who submitted proposals and requested information in relation to this solicitation. No other parties requested information in regard to this solicitation.

Attestation of assurance

The FM hereby provides the unqualified assurance statement below concerning the LC4ISR for the ISTAR Sustainment Services procurement process up to and including the conclusion of the contract award and debriefing activities.

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

Original signed by:

Mathieu Farley
Chartered Professional Accountant Auditor
Certified Internal Auditor
Certified Information Systems Auditor
Certified Fraud Examiner
Fairness Monitor Team Leader
Partner, Audit and Advisory Services
Samson

Ted Pender
Fairness Monitor

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