Bill 62 on the diversification of strategies for acquiring and carrying out public infrastructure projects has several aspirations to reform the way these projects are carried out. Several opinions and testimonies on the subject were given within the framework of the public finance committee. Although certain legitimate concerns have been raised about this bill, particularly on the issue of notices of intent, it is essential to avoid confusion between the entire scope of the bill and one of its aims, namely the collaborative project delivery methods.
Bill 62 aims to create a new category of contracts subject to the Act respecting contracts by public bodies, that is to say partnership contracts. The latter, although they remain to be formally defined by the government, essentially include two types of contracts: progressive and negotiated approaches, such as progressive design-build, which always operate on the basis of a fixed price, and relational approaches, such as integrated project delivery or alliance. These collaborative or relational models operate according to the same guiding principles: common governance, sharing of risks and benefits, an open-book approach and a blame-free culture between the parties.
Just like the Public Procurement Authority (AMP), we judge that the latter do not represent a higher risk of collusion, and that on the contrary, they can be used as levers to respond to the pillars of the Contracts Law public bodies, namely transparency, accountability and sound management of public funds. We are not seeking to make a choice between better productivity or the integrity of selection processes: the two can go hand in hand.
Different from a traditional public contract for construction work, relating solely to the price of a bid, the selection process is based on the selection of the best firm, or the best team, on the basis of evaluation criteria qualitative elements including expertise and the ability to collaborate, but also on quantitative elements such as the profit margin and expected overheads. Note that the quality-based approach is already used to select professionals (architects and engineers).
In terms of transparency, partnership contracts operate according to an open book approach, that is to say complete financial transparency between the parties, and not surface transparency: financial audits are carried out during of the project to ensure that the direct and indirect costs are correct. Private partners must keep their registers and books available for audits following completion of the work, sometimes even for seven years as with our Ontario neighbors. In addition, the General Auditor (VGQ) can carry out the necessary controls, as was raised by the VGQ before the public finance committee on May 28 and 29.
In addition, as the client actively participates in management throughout the project, he can take note of the submissions from the various subcontractors, specialized contractors and suppliers of the project, which is not done in any other embodiment. projects. The AMP may also verify and investigate subcontracting, which will be public in nature. The veil which obscures the composition of fixed prices is thus lifted. Contrary to what has been claimed, we are light years away from the Charbonneau era.
In addition, the client participates in all project decisions, particularly regarding design and implementation. To the extent that the decision is made unanimously between the parties, this is equivalent to a “right of veto” for the client. It thus benefits from much better visibility and more active participation in project management than in a fixed price project.
Quebec is now thirty years behind the use of these approaches popularized in the United Kingdom, the United States, New Zealand and Australia. Western Canadian provinces are also using these approaches, and none of these jurisdictions have reported an increase in cases of collusion or corruption in these new approaches. Let’s therefore avoid throwing the baby out with the bathwater, when an approach with value for society is just around the corner.