Military Police Complaint Commission Supply Arrangement for Investigation Services

This letter of interest supersedes Solicitation Number: 525-16-SA-005/C; reference number: PW-17-00768854.

Industry engagement update

Introduction

This is an update to the Letter of Interest (LOI) which introduced a consultative industry engagement process for the Military Police Complaints Commission of Canada (MPCC) investigative services requirements.

The MPCC would like to thank all suppliers who participated in the industry engagement. The feedback was valuable and helped the MPCC adjust its requirements and formulate an appropriate solicitation strategy.

Suppliers are now invited to submit responses (submission on how investigator criteria is met) to this update in order to participate in subsequent traditional competitive procurement processes.

Responses are due by September 11, 2017 at 11:00 PDT. 

1. Background

The MPCC is a federal quasi-judicial body, established by the Parliament of Canada under the National Defence Act (NDA). Independent from the Department of National Defence (DND) and the Canadian Armed Forces (CAF), it was created to review and investigate complaints concerning the Military Police (MP) with objectivity and fairness.

Our mandate allows us to promote the highest standards of conduct of MP members in the performance of policing duties, and to ensure the integrity of Military Police investigations.

Further information about the MPCC may be obtained at http://www.mpcc-cppm.gc.ca/.

2. Purpose

The MPCC is issuing this update to provide suppliers with an opportunity to understand the outcome of industry engagement and give them information necessary to present their services for consideration in upcoming traditional bidding processes.

MPCC Supplier Engagement Principles

• Early engagement and openness
• Equal opportunity
• Rigour and stewardship
• Free of conflict of interest
• Provide opportunities for suppliers to showcase
• Value for money

This update does not constitute a commitment with respect to future purchases, procurements or contracts. A list of qualified suppliers will be created to participate in subsequent traditional competitive procurement processes.

3. Industry Engagement update

As part of the industry engagement process, the MPCC has consulted with a wide range of potential suppliers. It has achieved a better understanding of the relevant investigation services available in the market and how those services can contribute to improve the capacity of the MPCC to carry out its investigations. 

The industry engagement process has provided suppliers the opportunity to:

a) Learn about current and anticipated areas of interest and MPCC requirements; and b) Provide input to assist MPCC in refining its requirements and solicitation strategy moving forward.

The industry engagement process is now closed and the MPCC will now move forward with a procurement strategy that meets its operational needs.

3.1 Findings from the industry engagement

Requirement

The description of the requirement presented by the MPCC was generally well understood by suppliers. There was valuable feedback on technical evaluation criteria profiles for investigators, some criteria required greater clarity, and others could be simplified, reduced, eliminated or adjusted. The MPCC has updated its requirement documents taking into consideration all feedback in context of its operational needs.

Annex A – Statement of Work – Updated and enclosed for reference purposes

Annex B – Technical Evaluation Criteria - Updated

Annex C – Non-Disclosure Agreement – No change

Annex D – IT Security Control / Requirements – No change

Annex E – Security Requirements Checklist – No change

Estimated value of external investigations services

The value of external investigations services vary from year to year but it is estimated that the MPCC spends on average a total of $200,000-$300,000 annually with individual investigation services requirements being below $89,600 with most requirements being under $25,000 threshold (typically excluding public interest cases). We understand from suppliers that they incur a cost in both money and time to respond and qualify for supply arrangements. The MPCC is conscious that with that investment, suppliers will be expecting a return and any resulting procurement strategy should take that into consideration.

Nature of each respective investigations

Although the investigation process remains similar from one investigation to another each investigation is unique and has distinct success factors such as:

• Experience required
• Subject matter knowledge and expertise
• Stakeholders involved
• Language profile
• Geographic location
• Characteristics of each case including, but not limited to, the nature of the allegations; and current location of interested parties.

There are concerns that it would be challenging to craft an effective pre-determined work distribution process that takes into account all the success factors mentioned above in any resulting supply arrangement before success factors of each respective future investigative requirements are known.

Training cost

Each investigator must undergo an MPCC specific investigative training before being able to provide any investigative services. The MPCC wants to be respectful of suppliers’ time and make sure that the investigation MPCC specific training provided to supplier’s investigators is conducted only when there are reasonable prospects of requiring their respective services against short or medium term needs. There are concerns that training cost could burden MPCC’s operation in terms of time and money and unfairly raise supplier’s expectation of potential future contracts. 

Solicitation Strategy

A solicitation strategy has to keep in consideration that most suppliers who provide services in this area are mostly small and medium firms and the level of effort to respond against any future solicitation has to be commensurate with the value of any resulting contract.

Considering the estimated value and number of external investigative services requirements, the complexity of trying to allocate the investigative services work without prior knowledge of the specific needs of the respective investigation and the training time and cost that MPCC has to incur, it is felt that to develop a procurement instrument such as a supply arrangement designed for much larger procurements of services would not suit MPCC needs at this time and could mislead or raise false expectations from suppliers.

After careful consideration, the MPCC’s procurement strategy for the acquisition of investigative services requirement has been adjusted to allow for the creation of an optional number of investigators in the pool.

The MPCC will compete requirements that fall below the North American Free Trade Agreement (NAFTA) thresholds using traditional bidding procedures as defined in Treasury Board (TB) contracting policy and in a manner that is consistent with generally accepted trade practices, of a call for bids for a proposed contract. 

The MPCC will leverage the work from the industry engagement process. It will use the requirements documents attached and the technical evaluation criteria that outlines the minimum qualification requirements for investigators as a basis for inviting suppliers to submit proposals for individual investigative services solicitations on smaller scale competitive processes via e-mail send outs. 

4. Next steps:

Step 1

Suppliers who wish to participate in the future traditional competitive processes are being asked, for their proposed investigator resources, to submit by
September 11, 2017 at 11:00 PDT:

• An updated CV
• Completed Annex B technical evaluation criteria that demonstrates how the proposed investigator (s) meets the minimum requirements
• Security clearance information; and
• Supplier contact information

Step 2

Supplier’s investigator resources will be evaluated and those who have met the mandatory technical evaluation criteria will be invited to attend an MPCC investigative training session on a priority basis. This invitation will be prioritized at the discretion of the MPCC and based on the upcoming investigation needs, associated success factors outlined above and operational imperatives. 

Step 3

Supplier investigator resources whose skills, experience and background match the unique characteristic of the respective investigation will be invited to participate in small traditional competitive process for requirements below the NAFTA threshold via e-mail send outs. The current NAFTA threshold for 2016-2017 is $89,600 and subject to periodic adjustments every 2 years. Requirements below the $25,000 delegation and in line with TB Contracting policy could be directed to a supplier at the discretion of the MPCC.

Note: Subsequent traditional competitive requirements may contain additional evaluation criteria.

Step 4

MPCC will evaluate responses from invited suppliers and make a recommendation for contract award.

Step 5

The MPCC may periodically renew its industry engagement process to

• Update existing suppliers
• Inform new potential suppliers as to MPCC requirements
• Refresh MPCC knowledge of the investigative services marketplace

5. Conditions

5.1. Nature of the update to the LOI

This is not a bid solicitation but an opportunity for suppliers to present to the MPCC qualified investigators for consideration for future traditional competitive processes. This update to the LOI will not result in the awarding of any contract. The procurement of any services identified in this LOI will not necessarily follow this LOI as MPCC reserves the right to cancel or modify any of the preliminary requirements described herein.

5.2. Response Costs

MPCC will not reimburse any respondents or any of its representatives for any overhead, costs or expenses incurred in participating in or responding to any part of this update to the LOI.

5.3. Treatment of Responses

• Use of Responses: Responses will be formally evaluated and included as reference against future traditional competitive requirements. MPCC will review all responses received by closing date. MPCC may, at its discretion, review responses received after the closing date.
• Review Team: A review team composed of MPCC representatives will review the responses. MPCC reserves the right to hire any independent consultant, or use any government resources that it considers necessary, to review any response.
• Confidentiality: Respondents should mark any portions of their response that they consider proprietary or confidential. MPCC will handle the responses in accordance with the Access to Information Act.
• Follow-up Activity: MPCC will evaluate the qualification of the proposed investigators against the technical evaluation criteria. MPCC may, at its discretion, contact any supplier to follow up with additional questions or for clarification of any aspect of a response.
• Suppliers will be notified if their proposed investigator resources meets or does not meet the minimum technical evaluation criteria.

5.4. Enquiries

MPCC will respond to enquiries in writing or by circulating answers to all suppliers. Suppliers with questions may direct their enquiries to the Registrar, Jennifer Hohmann Wood at 613-947-5750 or jennifer.hohmannwood@mpcc-cppm.gc.ca.

We ask that suppliers avoid contacting other MPCC personnel directly about their service offerings as they will be directed to the Registrar.

6. Submission of Responses

Suppliers wishing to respond should refer to Annex B – technical evaluation criteria and published document posted on buyandsell.gc.ca for specific submission requirements:

a) Time and Place for Submission of Responses: Respondents should send responses electronically to Jennifer.HohmannWood@mpcc-cppm.gc.ca or by fax to (613) 947-5713 by the closing date.

b) Responsibility for Timely Delivery: Each respondent is solely responsible for ensuring its response is delivered on time, in the right format and to the correct location, in accordance with the submission requirements.