3.6 Independent Review
Some jurisdictions have found it useful to invoke a process of third party or independent review of bid evaluations prior to entry into negotiations. This can help to ensure fairness in the evaluation process by ensuring that the bid evaluation team has not overlooked some aspect of the evaluation, has properly followed the documented procurement process, and properly documented and justified their evaluation. The fairness monitor would typically be an independent consulting company with experience with major engineering and construction projects, their contracts, legal issues, and dispute resolution methods.
Typical duties and accountabilities for such a fairness monitor include:
Provide advice to the owner with regard to:
- Wording of the bid documents (BIS and RFP);
- Respondent / bidder consultations;
- Adequacy of communications to respondents;
- Adequacy of notification of changes in requirements;
- Confidentiality and security of proposal submissions and evaluations;
- Qualifications of the evaluation team;
- Compliance with the process;
- Objectivity and diligence respecting the evaluations;
- Proper use of evaluation tools;
- Conflict of interest;
Attend meetings with bidders.
Monitor communications with bidders.
Provide advice on the drafting of the procurement documents with a view to ensuring a fair process.