Correctional Service Canada
Symbol of the Government of Canada

Performance Assurance

Audit of Advance Contract Award Notices
and
Contract Review Boards

378-1-159
October 2002

The Public Sector Company and Performance Assurance
Correctional Service Canada

SECTION I
EXECUTIVE SUMMARY

BACKGROUND

Under contract with the Performance Assurance Sector, the Public Sector Company conducted an audit to assess compliance with current policy and directives relating to Advance Contract Award Notices (ACANs) and Contract Review Boards (CRBs).

In November 2000 Treasury Board (TB) issued a policy that identified a new mandatory format and structure for ACANs. A copy of the TB policy was distributed by National Headquarters (NHQ) to the regions in November 2000, and in May 2001, NHQ sent a memo to all regions specifying Correctional Service of Canada (CSC) standards. Finally, on October 3, 2001, NHQ forwarded a reminder to Regional Administrators of Materiel Services clarifying specific standards.

Commissioner's Directive 240 provides direction to establish contract review boards in order to provide scrutiny over the contracting process and ensure adherence to Government Contracts Regulations (GCRs).

AUDIT METHODOLOGY

Advance Contract Award Notices

A 20% sample of the ACANs issued during the review period (November 2000 to September 2001) were compared with ACAN requirements, using checklists developed from a list of policy and guideline criteria required for ACANs by CSC and TB Secretariat. The audit was conducted in both the Pacific Region and the Prairie Region.

Contract Review Boards

A 20% sample of contracts issued during the review period (November 2000 to September 2001) which met the criteria for mandatory CRB review, were examined to determine if a CRB review had taken place, i.e., if the records of decision of the applicable CRB contained a record of review of each sample contract. The audit was conducted in the Pacific Region, the Prairie Region, and NHQ.

FINDINGS

Advance Contract Award Notices

  1. The two Regions, Pacific and Prairies, have been slow to comply with the revised policy requirements regarding ACANs. In fact, the Pacific Region had not complied during the period reviewed (November, 2000 to September 2001) and the auditor observed that it still was not complying at the time of the audit (February, 2002). The ACANs produced by the Pacific Region complied with the ACAN policy in place prior to the issuance of the revised policy in November 2000. The Prairies Region, while not in compliance with the revised policy at the start of the review period, was producing ACANs in full compliance near the end of the period.
  2. Both Regions have begun to comply with the need to post an ACAN for at least 16 days to ensure a full 15-day period.

Contract Review Boards

  1. Two of the CRBs reviewed, NHQ, and Prairies, are fulfilling the requirement for a contract challenge mechanism spelled out in Commissioner's Directive 240. Each CRB meets frequently, reviews contract proposals that by policy require its review, discusses any issues associated with the contract proposal, and, if appropriate, approves the method of procurement.
  2. The Pacific Region CRB reviews contract requests as required by Commissioner's Directive 240 but is advisory only which is not consistent with Commissioner's Directive 240 which states that a CRB will approve requests for contracts. The Pacific Region CRB uses the Intranet to meet virtually and uses a "silent" process to indicate support for a contract proposal. The implications of the latter in particular results in an accountability practice that needs to be strengthened. In addition no record of any CRB review was found for 3 of 25 files reviewed.
  3. There are differences in the way the CRBs function reflecting, perhaps, the different situations in the two Regions and NHQ. For example, as noted above, one of the CRBs does not physically meet but uses the Intranet. The differences are considered to be a positive sign in that all are looking for ways to improve efficiency and reduce the workload created by CRBs.
  4. NHQ CRB membership is mostly comprised of Corporate Services Sector officials. However, there is no evidence that the function of the CRB has been influenced. Nevertheless, it is suggested that broader membership would strengthen the board and avoid potential criticism.
  5. For all three CRBs, sole source justification is not explicit and not directly responsive to the need. The identification of the applicable Government Contracts Regulations (GCRs) exception, explanation for why the exception applies and explanation for the selection of the contractor is sometimes soft. In most cases, the elements of a strong case for sole source and for the selection of the contractor were provided but suffered because of poor presentation.
  6. There was evidence that NHQ actively supports regional CRB activity. There were indications in the files reviewed and from the interviews that NHQ provides guidance whenever requested.
  7. The single concern expressed by both Regions was for more training in contracting.

RECOMMENDATIONS AND ACTION PLANS

NO. RECOMMENDATIONS
General Recommendation
1

There is an increased need to become more specific regarding "justification for sole source", particularly on the GCR exception that applies. The Auditor General continues to express concern and the need is reflected in specific direction to include the specific exception in each ACAN. CSC should encourage CRBs to require contract submissions involving sole source to include the specific GCR exception that applies and to include the exception in the record of decision. This step should lead to tighter justifications and clearer compliance with GCR.

Action

The Manager, Contracting and Materiel Services shall require the Regional Contract Review Boards to include, in the contract submissions, the specific GCR exception that applies and to include the exception in the record of decision where applicable. This action is completed.


Pacific Region - ACANs
2

A clear statement that identifies the specific GCR exception to competitive tendering requirements that applies should be provided on the contract file as well as in the ACAN. In most cases this requirement can be met by adding a statement along the lines of "there is only one source that is qualified and capable of meeting this requirement". The statement must be supported with information describing how the conclusion was reached.

Action

Plan in place to develop a reference document for Procurement & Contracting Specialists to ensure that we include all information required for ACAN postings. This would include all the requirements necessary and include:

  • Specific Government Contract Regulations (GCR) exception from competitive process.
  • Sole Source justification.
  • Include names and addresses of Contractors.
  • Summary of Capabilities.

The reference document was finalized on July 2, 2002.

Postings are now calculated at 16 days to ensure minimum timeframe of 15 days is met. Completed.

All information regarding the Contractor will be posted. Completed

Ongoing monitoring and detailed scrutiny of the region's ACANs will be conducted by NHQ until further notice.


Pacific Region - CRBs
3

The CRB should comply with Commissioner's Directive 240 by explicitly approving/rejecting contract proposals. The Chairperson of the CRB should sign the weekly CRB record of decisions.

Action

Effective immediately, RSD (P) is complying and ensuring that the Regional Contract Review Board minutes are signed weekly. A new draft terms of reference was completed on September 27th, 2002, and will be presented to the Regional Management Committee by the end of November 2002.

Additional training will be implemented. A new training guide encompassing all procurement activities will be completed by November 29, 2002. We anticipate that the training is to be completed for all sites by the end of May 2003.

4

Consideration should be given to requiring a "no comment" response from all board members as opposed to accepting a nil response as meaning acceptance.

Action

RSD (P) added a line to the RCRB electronic version that advises the requirement for a "no comment" response as opposed to a "nil" response, so that everyone is clear on the meanings.

RSD (P) implemented a process to notify approvals/non-approvals of the decisions taken. Disagreements will be addressed on the RCRB with clear interpretation from Procurement and Contracting Specialists based on policies.

5

A revised format for submissions should be developed that will paint a complete picture of the proposed contract so that CRB members will know what they are being asked to support. The format should include as a minimum: contract number, title, period, expected value, description, method of procurement (open tender, sole source, aboriginal), sole source justification and specific GCR exception (6a, 6b, 6c, or 6d) if applicable, confirmation that funds are available, confirmation that CSC's authorities are observed, confirmation that the services are required, and confirmation that government policies including employer- employee relationship are observed. An alternative would be to put the actual CSC Form 286 "Request for a Contract/Contract Amendment/Extension" and any attachments on the Intranet for review by CRB members.


Prairies Region - CRBs
6

When the contract proposal involves a sole source award, CSC Form 286 should indicate the GCR exception that applies i.e. 6a, 6b, 6c, or 6d. There should also be an explanation justifying the application of the exception, and a justification for the selection of the proposed contractor. The CRB should explicitly specify the GCR exception for competitive requirements that applies (e.g. 6a) on the Record of Decision.

Action

A regional meeting was held with all Chiefs of Materiel management during which they were advised of the requirements of this recommendation. Further, a memo was sent by e-mail to all projects authorities in the region reinforcing the requirements outlined in the recommendation. Action was completed on the 26th of April 2002.


NHQ - CRBs
7

Consideration should be given to broadening the membership of the CRB to ensure both a broad perspective and interests.

Action

Effective May 30th 2002, the Senior Deputy Commissioner assumed the role of the Chair of the CRB. The other members remain the same, the Assistant Commissioner Corporate Services, the Director of Operations, a representative from Legal Services and the Manager, Contracting and Materiel Services.

Furthermore it was agreed that any request for contract from an NHQ manager would be signed off by the appropriate cross-functional manager when applicable for an expert subject such as Informatics, Communications and Human resources.