7.          TECHNOLOGY PROCUREMENT PROCESS (RESPONSE TO MOTION 78/5)

 

PROCESSUS D’APPROVISIONNEMENT EN MATIÈRE DE TECHNOLOGIE (RÉPONSE À

LA MOTION 78/5)

 

 

 

COMMITTEE RECOMMENDATION

 

That Council approve this report with the following amendment:

 

·                     That any change to suppliers’ pre-qualified teams undergoes a requalification process as rigorous as the initial qualification process.

 

 

Recommandation du ComitÉ

 

Que le Conseil approuve ce rapport contenant la modification suivante:

 

·                     Que tout changement apporté aux équipes pré-qualifiées de fournisseurs entraîne un processus de requalification aussi rigoureux que le processus original.

 

 

 

Documentation

 

1.                   City Treasurer’s report City Operations dated 10 May 2010 (ACS2010-CMR-FIN-0039).

 

2.                   Information Technology Sub-committee Extract of Draft Minutes of 17 May 2010.

 

 


Report to/Rapport au :

 

Information Technology Sub-Committee

Sous-comité de la technologie de l’information

 

and / et au

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

10 May 2010 / le 10 mai 2010

 

Submitted by/Soumis par : Marian Simulik, City Treasurer/Trésorière municipale

 

Contact Person/Personne ressource : Jeff Byrne, Manager, Supply / Gestionnaire, Approvisionnement

Finance Department/Service des finances

(613) 580-2424 x25175, Jeff.Byrne@ottawa.ca

 

City Wide/à l'échelle de la Ville

Ref N°: ACS2010-CMR-FIN-0039

 

 

SUBJECT:

TECHNOLOGY PROCUREMENT PROCESS (RESPONSE TO MOTION 78/5)

 

 

OBJET :

PROCESSUS D’APPROVISIONNEMENT EN MATIÈRE DE TECHNOLOGIE (RÉPONSE À LA MOTION 78/5)

 

 

REPORT RECOMMENDATION

 

That the Information Technology Sub Committee receive this report and forward it to Corporate Services and Economic Development Committee and Council for information.

 

 

RECOMMANDATION DU RAPPORT

 

Que le Sous-comité de la technologie de l’information dépose le présent rapport et le transmette au Comité des services organisationnels et du développement économique et au Conseil à titre d’information.

 

 

BACKGROUND

 

Although a comprehensive legal review of the Next Stop Announcement System (NSAS) procurement found no fault with the contracting process, there are always improvements that can be made, and lessons to be learned.

 

As such, a working group chaired by Supply Management, with representation from Legal Services, Information Technology and Transit Services developed a Lessons Learned report in response to Council Motion 78/5.

 

MOTION NO. 78/5 - Smartbus Features NSAS - That a “lessons learned” report be prepared on the overall technology procurement processes and be submitted to the IT Sub-Committee for recommendation to the Corporate Services and Economic Development Committee for ultimate recommendations to Council

 

As discussed in report No. ACS2009-ICS-TRA-0011, ADVANCING SMARTBUS FEATURES, the requirement for a next-stop announcement system (NSAS) was brought to the forefront by a 2007 order by the Ontario Human’s Rights Commission to the Toronto Transit Commission (TTC) to have all stops announced on board their vehicles.  The City of Ottawa received a similar order through the Canadian Transportation Agency (CTA).

 

Automatic next stop announcement is one of many communication components that would improve the customers’ ability to confidently navigate through the transit system and throughout the City. 

 

As specified in the solicitation documents, the NSAS procurement strategy followed a three-stage framework.  Stages 1 and 2 involved a Request For Qualification (RFQ) from potential proponents outlining their proposed solutions and technology.

 

Participation in Stage 3, which consisted of a Request For Proposal (RFP) process, was limited to proponents pre-qualified in Stages 1 and 2 respectively.

 

Four proponents responded to the City’s RFQ.  Two proponents were dismissed as non-compliant to the qualification requirements.  Two proponents, Bell and Clever Devices were given the opportunity to submit proposals through an RFP.  One of the two proponents, Bell, was disqualified at this stage after presenting an alternate unqualified partner/vendor in their RFP submission.

 

Following the disqualification of Bell in early April 2009, Clever Devices' proposal was evaluated and found to be fully compliant.

 

Report No. ACS2009-ICS-TRA-0011, ADVANCING SMARTBUS FEATURES, was tabled with the Transit Committee on September 16, 2009 to obtain approval to reallocate funds between already approved budget line items. It was during the budget reallocation process that the City received a substantive objection that necessitated that the contract award be made by Council.

 

On November 16, 2009 City Council approved the award of a $12.1M contract to Clever Devices.

 

All of the recommendations in this report have been implemented or are in the process of being implemented.

 

 

DISCUSSION

 

In support of Motion 78/5 a working group chaired by Supply Management, with representation from Legal Services, Information Technology and Transit Services, was assembled. This Lessons Learned report summarizes the findings of this working group.

 

Project Management Framework

 

For large, sophisticated information technology projects it is a best practice to establish a project management steering committee at the outset of the project.  This practice has been implemented successfully within the City on other major procurements such as Pay & Display Parking, Automated Water Meters, P3 projects, and many others.

 

The Smartbus program is comprised of many separate, yet interrelated, projects formally managed by Transit Services.   At the time of the NSAS procurement, Smartbus projects were managed, approved and procured at the individual project level and the Smartbus program as a whole lacked integration.

 

The establishment of a Steering Committee to oversee the SmartBus Next-Generation initiative, as well as the identification of the GM Transit as executive sponsor, solved the project management authority issues associated with Smartbus.

 

Lesson Learned

For large, sophisticated, information technology projects ensure that a project management framework and steering committee is established at the outset of the project, and maintained throughout the life of the initiative.

 

Operational Requirements

 

As part of the larger Smartbus initiative, Bell was the successful proponent in a 2003 competitive RFP for the provision of a wireless data network solution and intelligent transit vehicle subsystem. Included with these deliverables was the requirement for a platform on which the required systems would reside.

 

The Smartbus platform provided by Bell was based on a closed architecture. In other words, the platform was limited to applications designed and proprietary to Bell. As indicated above, Smartbus is not a stand-alone solution and requires a platform that has a number of integrated technology applications. 

 

Should Bell have been the successful proponent of the NSAS solicitation, the Bell solution would have resided on the existing Bell platform. However, due to the closed architecture of the Bell platform, were Bell to be unsuccessful a second platform would be required to house the NSAS.

 

Although Staff considered the installation of a second platform acceptable, the extent to which new technology can be added to the system is reliant on the capability of the platform.

 

As Smartbus was made up of smaller interrelated projects, many of which were considered future initiatives, the acceptability of a closed-architecture solution should have been considered prior to the 2003 wireless data network solution and intelligent transit vehicle subsystem RFP.

 

Lesson Learned

For large information technology procurements, ensure that the acceptability of closed architecture systems is reviewed in light of the potential impact on future/planned initiatives prior to any solicitation.

 

As indicated above, it was Staff’s expectation that should Bell have been the successful proponent of the NSAS solicitation, the Bell solution would have resided on the existing Bell platform. It was only after the NSAS RFP that Bell advised of impending lifecycle issues associated with its existing systems that would require a significant investment to upgrade the closed-architecture platform to enable the NSAS functionality.

 

It was not known to Staff at the time of the RFP that the Bell system would require an additional investment. These required lifecycle investments were not included in Bell’s RFQ/RFP response. Had Staff been aware of these impending lifecycle issues earlier in the procurement process, they could have been accounted for in the project budget and solicitation documents.

 

Lesson Learned

For large information technology procurements, ensure that a lifecycle review of existing and integral infrastructure has been completed in advance of the procurement process, and the findings included in the solicitation documents.

 

The Procurement Process

 

As specified in the solicitation documents, the NSAS procurement strategy followed a three-stage framework taking place over 2008 and 2009.  Stages 1 and 2 involved a Request For Qualification (RFQ) from potential proponents outlining their proposed solutions and technology.

 

Participation in Stage 3, which consisted of a Request For Proposal (RFP) process, was limited to proponents pre-qualified in Stages 1 and 2 respectively.

 

In accordance with the Purchasing By-law, the RFQ was posted publicly on Merx; however, for projects such as NSAS where specialized expertise is required and it is expected that the number of firms capable of providing the required expertise is limited, Staff should review whether posting on Merx alone is sufficient.

 

As the specialized expertise required may be called upon infrequently, perspective suppliers may not be as vigilant in keeping apprised of potential opportunities. In order to ensure that competition is maximized, and that the best potential proponents respond to the City’s solicitations, Staff should consider providing advance notification of upcoming opportunities through methods other then Merx.

 

Lesson Learned

For large, sophisticated, information technology projects where specialized expertise is required, Staff should review the best means of engaging the supplier community.

 

With regards to the NSAS procurement, Bell and Clever Devices were pre-qualified in Stages 1 and 2, and were given the opportunity to submit proposals in response to an RFP. However, Bell’s proposal included the substitution of a key team member pre-qualified as part of the RFQ. This substitution was in violation of the terms and conditions of the RFP and resulted in Bell’s disqualification.

 

Considering the length of the procurement process (three stages taking place over two years), Staff should review the acceptability of permitting suppliers to propose changes to their pre-qualified teams in their RFP responses.

 

Substitutions are not without risk; and as such an acceptability review would provide Staff with an opportunity to consider risk mitigation techniques, or where substitutions would be unacceptable, support should this determination ever be called into question.

 
Lesson Learned

When multi-stage procurement processes are proposed over an extended period of time, Staff should review the acceptability of permitting suppliers to propose changes to their pre-qualified teams in their RFP responses.

 

In order to ensure maximum competition, Supply Management has implemented a Procurement Plan Approval process whereby requirements and strategies are reviewed and approved in advance of a procurement process. This approval process is aimed at ensuring that requirements are not unduly restrictive, and that multi-stage procurement processes do not unnecessarily limit competition.

 

Lesson Learned

In order to ensure maximum competition, Staff should complete a review of proposed requirements and procurement strategies in advance of the procurement process. This review should be aimed at ensuring that requirements are not unduly restrictive, and that multi-stage procurement processes do not unnecessarily limit competition.

 

As part of the RFQ process, proponents were encouraged to propose as options value added features and functionality including, but not limited to:

·         Location-based advertising

·         Displaying other passenger information (special events)

·         News, weather, sports

·         Amber alerts/public safety

·         Other multimedia opportunities

·         Premium or subscription services, e.g. Wireless Internet access

·         Services-based offering, i.e. little or no initial capital outlay, with the system supported entirely by a vendor, with annual operating charges over a fixed lifecycle or term.

 

Following an evaluation of the RFQ submissions, it was determined that only one of the pre-qualified proponents, Clever Devices, could propose meaningful value added functionalities.

 

Following the disqualification of Bell’s RFP response, Clever Devices' proposal was evaluated and found to be fully compliant. A subsequent Best and Final Offer (BAFO) process resulted in a pricing structure of $12.1 million for core system requirements and an additional $5M for optional requirements

 

The inclusion of these value added features became a source of contention in seeking funding and contract approval.

 

When it was determined that only one proponent was capable of proposing optional value added functionalities, Staff should have removed these optional features from the RFP process. If still desirable, the value added features should be sought through a separate solicitation.

 

Lesson Learned

Where optional value added features are sought as part of a multi-stage procurement process, Staff should review the appropriateness of including these features based on the information obtained in the preliminary phases of the procurement. Where their inclusion is deemed appropriate, these features should be fully priced as part of the financial proposal.

 

 

Approval Process

 

As indicated above, the Smartbus program is comprised of many separate, yet interrelated, projects. Although under the larger Smartbus umbrella, budget approval was sought on a project-by-project basis. As a result, the estimated cost of the Smartbus initiative remains undefined, and future identified Smartbus related projects remain unfunded (ex. real-time bus arrival, Cameras and Automated Vehicle Maintenance).

 

With regards to the NSAS, this project-by-project approval format created confusion when attempting to reallocate funding between Smartbus projects.

 

As described above, the Clever Devices proposal included $5M in value added features. Report No. ACS2009-ICS-TRA-0011, ADVANCING SMARTBUS FEATURES, advised that “an existing 2009 Capital Project for Transit Vehicle Information System was approved to add an on-board router to manage the multiple upcoming features of the SmartBus program. 

The Clever Devices added-value options will deliver equivalent technology; therefore, the Capital Budget of $5.65M assigned to this project will be used to acquire the Clever Devices’ added-value features, which is within existing authority.”

 

Although all Smartbus projects, the redistribution of funds between projects was complicated by the fact that the funding had been approved for each project individually. Had Staff sought approval of the Smartbus initiative as a whole the redistribution of funds within interrelated projects may have been more easily understood and accepted.

 

Moreover, when seeking the upfront approval an outline the proposed procurement strategy and timing for the entire initiative, including each sub-project, should be provided.

 

As effectively communicating the short, medium and long term plans associated with complicated IT projects can be a challenge, care needs to be taken to ensure that key messages are not lost. This initial procurement plan could be used as a key communications tool when approaching Committee and Council.

 

In addition, as things change (technology, schedule, proponents) the initial procurement plan could be revisited and revised as a communications exercise.

 

Lesson Learned

For large sophisticated initiatives comprised of multiple sub-projects, Staff should:

 

·         Seek budget approval for the entire initiative upfront (as opposed to seeking funding on a sub-project basis);

 

·         Develop a procurement plan as a communications tool identifying the timing and proposed strategy for procuring the components comprising the initiative as a whole;

 

·         Provide regular updates to Committee and/or Council on significant changes (technology, schedule, proponents) and their impact on the procurement plan.

 

CONCLUSION

 

Although a comprehensive legal review of the NSAS procurement found no fault with the contracting process, there are always improvements that can be made, and lessons to be learned.

 

All of the recommendations in this report have been implemented or are in the process of being implemented.

 

As a best practice, Staff intends to conduct lessons learned analyses such as this at the conclusion of all high profile, complex, procurements going forward.

 

 

RURAL IMPLICATIONS

 

There are no rural implications.

 

 

CONSULTATION

 

No public consultation was required.

 

 

LEGAL/RISK MANAGEMENT IMPLICATIONS:

 

There are no legal / risk management impediments to implementing any of the recommendations in this report.

 

 

FINANCIAL IMPLICATIONS

 

There are no financial implications.

 

 

DISPOSITION

 

The Supply Management Branch will apply the lessons learned to future procurements and conduct a lessons learned analysis at the conclusion of all high profile, complex, procurements going forward.


 

information technology

sub-committee

extract of draft Minutes 7

17 may 2010

 

sous-Comité de la technologie

de l’information

extrait de l’ébauche du Procès-verbal 7 - le 17 mai 2010

 

 

CITY TREASURER

TRÉSORIÈRE MUNICIPALE

 

FINANCE DEPARTMENT

SERVICE DES FINANCES

 

TECHNOLOGY PROCUREMENT PROCESS (RESPONSE TO MOTION 78/5)

PROCESSUS D’APPROVISIONNEMENT EN MATIÈRE DE TECHNOLOGIE (RÉPONSE À LA MOTION 78/5)

ACS2010-CMR-FIN-0039                                          City Wide/à l'échelle de la Ville

 

Jeff Byrne, Manager, Supply, Finance provided a PowerPoint presentation, a copy of which is held on file.  Mr. Byrne explained that a comprehensive legal review of the Next Stop Announcement System (NSAS) procurement found no fault with the contracting process, but did find opportunities for improvements.  The presentation outlined lessons learned in the areas of project management framework, operational requirements, the procurement process, and the approvals process.  All of the recommendations in the report have been implemented or are in the process of being implemented.

 

Councillor Legendre referred to the finding that when multi-stage procurement processes are proposed over an extended period of time, staff should review the acceptability of permitting suppliers to propose changes to their pre-qualified teams in their RFP responses.  He did not agree with the proposition that Bell should have been permitted to do this and he inquired whether that was truly staff’s belief.  Mr. Byrne replied that staff is not suggesting that Bell should have been able to replace a key team member.  Rather, they are proposing that flexibility could be built in for lengthy procurements going forward that would allow member substitutions upon Council approval.  He noted the City uses a replacement of personnel clause for its contracts, which allows replacement of team members provided they are of similar ability and subject to Council approval.

 

Councillor Legendre questioned whether the issue with Bell was that the replacement member the company had tried to bring on board was not of the same acknowledged capacity.  Mr. Byrne replied that staff did not evaluate the substitute’s abilities because the rules stipulated that substitutions would not be permissible.  Councillor Legendre suggested there might be an issue with substitutions if there aren’t enough qualified people to draw from within a specified field.

 

Chair Wilkinson suggested there are an ample number of equally qualified people in the fields in question and she thought it should not be a problem.  She went on to question the criteria around pre-qualification of suppliers and she inquired if staff have examined whether the criteria the City is using is too restrictive. 

Mr. Byrne indicated staff did consider that and the result is the Procurement Plan Approval process, whereby requirements and strategies are reviewed and approved in advance of a procurement process.  This will allow for maximum competition and unnecessary elimination of too many suppliers.

 

With respect to pricing value added features as part of the financial proposal, the Chair inquired whether one set price would be put forward or if the cost of individual enhancements would be noted within so there would be an option to pick and choose.  Mr. Byrne confirmed the latter and further verified that a company that does not include enhancements in its bid could still qualify for the basic project.

 

Chair Wilkinson remarked that many of the lessons learned statements referred to ‘large’ IT procurements and she questioned the definition of large in this case.  Mr. Byrne responded that where there is a history of procurement for common technology, e.g. cell phones, he would not suggest there is a need to bring that to the attention of Committee and Council, as opposed to procurements of new technologies or for significant projects.

 

Councillor Legendre proposed that the report recommendation be amended so that the Sub-committee could endorse the report and recommend adoption of the strategies contained within, rather than simply receiving it.  He also felt that with respect to personnel substitutions within pre-qualified teams, any such change should be subject to a qualification process equal to that of the initial pre-qualification process.  Mr. Byrne agreed.

 

Moved by J. Legendre:

 

That the recommendation for this item be amended to read “approve” rather than “receive” and that the report be amended to clarify that any change in pre-qualified ‘teams’ undergo a requalification process as rigorous as the initial qualification process.

 

                                                                                                            CARRIED

 

The committee then considered the report recommendation as amended.

 

That the Information Technology Sub Committee approve this report and forward it to Corporate Services and Economic Development Committee and Council for approval, with the following amendment:

 

·         that any change to suppliers’ pre-qualified teams undergoes a requalification process as rigorous as the initial qualification process.

 

                                                                                                                      CARRIED as amended