PROVISION OF LEASED ACCOMMODATION FOR CANADA REVENUE AGENCY PLACE VANIER REPLACEMENT PROJECT

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Public Works and Government Services Canada

                Office of the Chief Risk Officer
   PROVISION OF LEASED ACCOMMODATION
           FOR CANADA REVENUE AGENCY
    PLACE VANIER REPLACEMENT PROJECT

            FAIRNESS MONITOR CONTRACTOR’S
                              FINAL REPORT

                                       August 3, 2010

                                         Submitted to:
                                      Kristine Stolarik
                                     Chief Risk Officer

                                           Prepared by:
              Knowles Consultancy Services Inc. and
                Hill International Inc. in Joint Venture
FAIRNESS MONITOR CONTRACTOR’S FINAL REPORT

Provision of Leased Accommodation for Canada Revenue
Agency Place Vanier Replacement Project

As Fairness Monitor, Knowles Consultancy Services Inc. and Hill International Inc. in
Joint Venture (hereafter referred to as the Fairness Monitor) hereby submits its FM
Contractor’s Final Report (FM Final Report), pertaining to the competitive procurement
process for the Leased Accommodation for the Canada Revenue Agency Place Vanier
Replacement Project, undertaken by Public Works and Government Services Canada
(PWGSC) through Project Number 5222-2009-1.This FM Final Report covers the
activities of the Fairness Monitor chronologically, commencing with a review of the
Selection of Invitees to Tender (SOIT) solicitation through to the completion of the
evaluation of the Irrevocable Offers received in response to the Invitation to Submit an
Irrevocable Offer (ISIO), and the selection of a recommended proponent.

This report includes our attestation of assurance, a summary of the scope and objectives
of our assignment, the methodologies applied, and relevant findings from activities
undertaken.

Fairness Monitor Attestation of Assurance
It is the opinion of the Fairness Monitor that the procurement process for the Leased
Accommodation for the Canada Revenue Agency Place Vanier Replacement Project
undertaken by Public Works and Government Services Canada (PWGSC) and monitored
by the Fairness Monitor, was carried out in a fair manner.

In this context, fairness is defined as decisions made objectively, free from personal
favouritism and political influence, and encompasses the elements of openness,
competitiveness, transparency and compliance.

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Scope and Objectives of the Fairness Monitor Assignment
The overall objective was to provide PWGSC with independent observation and fairness
related comments.

Our Fairness Monitor Services included:

       •   the provision of fairness related comments on the Selection of Invitees to
           Tender (SOIT) document in draft and final form including Addenda, to
           improve clarity, transparency and competitiveness, and to bring attention to
           possible fairness issues that might arise during the evaluation process;
       •   the observation of the evaluation of responses received to the SOIT to ensure
           the SOIT specified evaluation and selection procedures and departmental
           policy were followed and consistently applied during the evaluation and
           selection process;
       •   the provision of fairness related comments on the Invitation to Submit an
           Irrevocable Offer (ISIO), including drafts of addenda to be forwarded to the
           qualified proponents, to improve clarity, transparency and competitiveness,
           and to bring attention to possible fairness issues that might arise during the
           evaluation process;
       •   the observation of the evaluation of the responses received to the ISIO and the
           proponent selection process to ensure consistency with the procedures and
           requirements specified in the ISIO; and
       •   the observation of the debriefings of the unsuccessful proponents. (This
           activity will take place subsequent to acceptance by the Crown of an
           irrevocable offer and will be reported on in an addendum to this report.)

Fairness Monitor Methodologies, Activities and Specific
Findings

Before FM activities were initiated, a number of activities had taken place. A Request for
Information [RFI] (Document 1) had been posted on MERX on December 15, 2008 and
had closed on January 30, 2009, to seek availability information on four requirements for
leased space. One of the requirements involved the replacement of the Place Vanier
accommodation space. On February 19, 2010, the SOIT had been forwarded to
respondents to the RFI that had indicated that leased accommodation space could be
made available to meet the requirement for the replacement of the Place Vanier space.

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FM Activities Related to Request for Information (RFI)

On March 20, 2010, the Fairness Monitor Specialist (FM Specialist) reviewed the RFI
that had included the need for the replacement Place Vanier space that had been posted
on MERX on December 15, 2008 including the revisions posted on December 18, 2008.

FM Activities Related to the Selection of Invitees to Tender (SOIT)
Solicitation

During the period March 15, 2010 to April 9, 2010, the FM Specialist reviewed the SOIT
Solicitation (Document 2) provided previously to interested proponents that had
responded to the RFI and provided fairness-related observations to the Project Director.
All observations were addressed appropriately.

During the same period, the FM Specialist reviewed Addenda 1 to 6 (Documents 3 to 8)
to the SOIT Solicitation and provided fairness-related observations to the Project
Director. All observations were addressed appropriately.

FM Activities related to the Evaluation of SOIT Responses (Requests for
Qualification)

On April 13, 2010, the FM Specialist reviewed the “Mandatory Requirements
Verification Checklist” (Document 9) and on April 21, 2010 reviewed the “Rated
Evaluation Scoring Tables” (Document 10). On the same day, he observed the
Evaluation Board Kick-off Meeting. All observations made by the FM Specialist were
addressed appropriately.

On May 3, 2010, the FM Specialist observed a consensus meeting of the Evaluation
Board on mandatory requirements and on May 14 and 17, 2010 he observed the rated
requirements consensus meetings. Also, on May 17, 2010, he reviewed a request for
clarification letter in draft form that was to be forwarded to one Proponent. On May 18,
2010, he reviewed the clarification response received.

On May 25, 2010, the FM Specialist observed the final meeting of the Evaluation Board
during which the response to the clarification letter was considered in terms of the
applicable rated requirement and a consensus reached on a score and rationale. The
Board also agreed on the selection of qualified respondents which were recommended to
receive an invitation to submit an Irrevocable Offer to Lease.

There were no fairness deficiencies identified with the evaluation and selection process.

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FM Activities related to the ISIO Solicitations

On May 30, 2010, the FM Specialist reviewed the solicitations (Document 11) to be sent
to the three (3) successful Proponents inviting each to submit an Irrevocable Offer to
Lease. The Invitation to Submit an Irrevocable Offer (ISIO) was part of the parent SOIT
solicitation. He also reviewed the letter to be sent to the unsuccessful Proponent. No
fairness-related concerns were identified.

During the period June 17, 2010 to June 30, 2010, he reviewed Addenda 7 to 10
(Documents 12 to 15) and provided fairness-related observations to the Project Director.
Appropriate action was taken.

FM Activities related to the Evaluation of Irrevocable Offers

On July 12, 2010 the FM Specialist reviewed a letter addressed to one Proponent that
requested additional information from the Proponent. The request was consistent with
the rules specified in the SOIT. No fairness-related concerns were identified.

On July 19, 2010, the FM Specialist observed the meeting of the Evaluation Board during
which consensus was reached on the evaluation of mandatory requirements of the ISIO.
There were no rated requirements. The basis of selection used to select the recommended
Proponent was consistent with that specified in the SOIT for the ISIO phase. No
fairness-related concerns were identified.

Bruce Maynard                                       Roger Bridges
Fairness Monitor Team Leader                        President
                                                    Knowles Consultancy Services Inc.

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Reference Documents
The following documents are referenced by number in the attached report. Unless
otherwise indicated, these documents are available through the Place Vanier Replacement
project office.

#    Document                                               Additional information
                                                            Released December 15, 2008
1    Request for Information
                                                            Closed January 30, 2009
 2   Selection of Invitees to Tender Solicitation (SOIT)    February 19, 2010
 3   Addendum No 1 to SOIT                                  February 26, 2010
 4   Addendum No 2 to SOIT                                  March 10, 2010
 5   Addendum No 3 to SOIT                                  March 12, 2010
 6   Addendum No 4 to SOIT                                  March 23, 2010
 7   Addendum No 5 to SOIT                                  March 29, 2010
 8   Addendum No 6 to SOIT                                  April 6, 2010
 9   Mandatory Requirements Verification Checklist          April 13, 2010
10   Rated Evaluation Scoring Tables                        April 21, 2010
11   ISIO Solicitations (one to each Qualified Proponent)   June 1, 2010
12   Addendum No 7 to SOIT                                  June 23, 2010
13   Addendum No 8 to SOIT                                  June 23, 2010
14   Addendum No 9 to SOIT                                  June 25, 2010
15   Addendum No 10 to SOIT                                 June 30, 2010

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Addendum to Fairness Monitor Final Report dated August 3,
2010 Concerning Provision of Leased Accommodation for
Canada Revenue Agency Place Vanier Replacement Project
This Addendum to the Fairness Monitor Final Report covers the contract award as well as
the offer to provide a debriefing to the proponent that failed to qualify at the Selection of
Invitees to Tender (SOIT) stage and to unsuccessful proponents at the Invitation to
Submit an Irrevocable Offer (ISIO) stage. The following should be added to the Final
Report as the last section after the section entitled “FM Activities related to the
Evaluation of Irrevocable Offers”:

       “FM Activities related to Debriefings

       In accordance with the provisions of the SOIT, and as noted above, three (3)
       proponents were determined to be qualified to submit proposals during the
       Invitation to Submit an Irrevocable Offer (ISIO) stage and were invited to do so.
       A contract was awarded to the successful proponent. The reasons for not
       qualifying at the SOIT stage and for being unsuccessful at the ISIO stage were
       clear from the Crown communications notifying the unsuccessful proponents, and
       the proponents did not request further elaboration. The FM Specialist was
       satisfied that the Crown met its obligation with respect to debriefings.

       Fairness Monitor Attestation of Assurance

       It is the opinion of the Fairness Monitor that information concerning the results of
       their submissions was provided to the unsuccessful proponents in a fair manner.
       In this context, fairness is defined as decisions made objectively, free from
       personal favouritism and political influence, and encompasses the elements of
       openness, competitiveness, transparency and compliance.”

Bruce Maynard                                         Roger Bridges
Fairness Monitor Team Leader                          President
                                                      Knowles Consultancy Services Inc.

Date: November 15, 2010

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