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Overview: Standing Committee on Government Operations and Estimates—Study on the Federal Government Consulting Contracts Awarded to McKinsey & Company (March 6, 2023)

Scenario note

Background

On , the Committee adopted a motion to undertake a study contracts awarded since to McKinsey & Company. This meeting will be the seventh meeting allocated to this study.

The following meetings have taken place:

  • January 30 and February 1, individuals
  • February 6, Minister of Public Services and Procurement and departmental officials
  • February 8, President of the Treasury Board
  • February 13, Procurement ombudsman and academics
  • February 15, Minister of Immigration, Refugees and Citizenship and departmental officials

General information

Date: Monday,
Time: 3:30 pm to 5:30 pm
Location: Room 035-B, West Block

The meeting will be held in a hybrid format. Witnesses are encouraged to appear in-person.

The Minister and officials will appear for the first hour and twenty minutes (3:30 pm to 4:50 pm).

Witnesses

Public Safety Canada

Marco Mendicino, Minister

Canada Border Services Agency

  • Erin O'Gorman, President
  • Ted Gallivan, Executive Vice President

Opening remarks

At the beginning of the meeting, the Chair will invite the Minister to deliver opening remarks. These should last approximately five minutes and will be followed by questions from committee members.

Rounds of questions

At the Chair's discretion, questions from committee members will proceed as follows:

  • First round: 6 minutes for each party in the following order: CPC, LPC, BQ, NDP
  • For the second and subsequent rounds: CPC, 5 minutes; LPC, 5 minutes; BQ 2.5 minutes and NDP 2.5 minutes; CPC, 5 minutes; LPC, 5 minutes

Production of papers

The CBSA provided a complete, bilingual, package to the Committee on February 22 as was requested.

Opening remarks

Good afternoon.

Before we begin, I'd like to acknowledge that I am speaking from the traditional, unceded territory of the Algonquin Anishinabe peoples.

I am joined here today by Erin O'Gorman, President of the Canada Border Services Agency and Ted Gallivan, Executive Vice President.

Service contracts are widely used by governments in Canada and around the world.

Generally, they're used to complement the work of Canada's public service, and our government remains committed to ensuring the public service operates in a way that best serves Canadians.

The growth in the use of consultants in the public service is an important topic and that's why the Prime Minister has asked my colleagues, Ministers Fortier and Jaczek, to review the Government's practices and conduct a review of all procurements with McKinsey & Company Canada.

Additionally, Minister Jaczek has written to the Office of the Procurement Ombudsman to ask for a review of the procurement processes associated with the award of contracts to McKinsey by all federal departments.

Today, I will provide an overview of the Canada Border Services Agency's operating context and its work with McKinsey.

The CBSA operates in a challenging and fast-paced environment. The Agency manages the flow of people and goods at 117 land-border ports of entry, 207 airports, 213 marine clearance facilities, and enforces more than 100 acts and regulations that keep Canadians safe.

To ensure the ongoing integrity of our borders and the safety and prosperity of our communities, the CBSA strives to be proactive, adaptive and innovative.

As other large organizations do, the Agency seeks outside expertise to fill knowledge gaps or to complement their own efforts.

The work done by McKinsey has informed some of the largest digital and organizational renewal efforts at the CBSA.

McKinsey has been paid $4,337,610 against three contracts since 2016.

A fourth contract was ended before work began, as it was determined work can be performed with in-house resources. No funds were spent against it.

All contracts over $10,000 are published online in the agency's Proactive Disclosure Report on a quarterly basis. The CBSA's first contract with McKinsey took place between May and . The contract value was $1.9 million, of which $1.7 million was spent.

This initial contract was established to review and validate the options, risks and impacts associated with the CBSA's Assessment and Revenue Management Project – also known as CARM.

McKinsey brought global experience to augment the CBSA's operational capacity. Their expertise was used to plan for this major business transformation, which aims to reduce the burden on Canadian importers and improve revenue management for goods being imported to Canada.

Once fully implemented, CARM will significantly improve how the Agency collects duties and taxes on imported goods.

The CBSA's second contract with McKinsey was from to . The work was done to support analysis on border modernization.

The original value of the contract was $791,000, and included the option of a one-year extension. In , the contract was amended to include additional requirements, which brought the total contract value to $1.7 million.

The contract ended in , with a total of $1.5 million spent.

The third contract was established through a PSPC contract for up to $1.3 million, between and . The CBSA spent a total of $977,000 to establish a project management office and work plan for the CARM project.

The fourth and final contract was initiated on , for a total value of $1.9 million. It was intended for benchmarking services for the CARM project, but was terminated before work began because the Agency determined it had the time and capacity to do the work in-house. As I noted earlier, no money was spent against this contract.

I am happy to respond to any questions committee members may have.

Key messages

The CBSA operates in a complex and ever-changing environment. As other large organizations do, we seek outside expertise from time to time to fill knowledge gaps or to complement our own efforts.

Since 2016 the CBSA has entered into four contracts with McKinsey & Company with combined total expenditures of $4.3 million. One of the contracts was ended before work began as timelines for completion of the project were extended at which point the Agency determined it would do the work in-house in the time available.

Through the launch of an independent review, via its Internal Audit function, the Agency is working closely with the Treasury Board Secretariat and Public Services and Procurement Canada to support the ongoing Government-wide review of contracts awarded to McKinsey & Company.

Questions and answers

How much did the CBSA spend on contracts with consulting firms over the last two years?

In the most recent fiscal year, 2021 to 2022 - excluding transfers to other Government Departments for work done for the Agency - the CBSA spent $134 million on training, information technology, telecommunications, and management consultants. In the previous year, 2020 to 2021 – again, excluding transfers to other Government Departments - the CBSA spent $129 million on training, information technology, telecommunications, and management consultants.

What's the total amount the CBSA has spent on contracts with McKinsey & Company?

Since 2016 the CBSA has contracted with McKinsey & Company on three separate contracts (a fourth was ended before work began) at a combined value of $4.3 million.

The CBSA has spent $4.3 million on contracts with McKinsey & Company, how much more will be spent?

The work initiated under the CBSA's contracts with McKinsey & Company since 2016 has been completed. There are no additional costs pending for any of the contracts entered into with McKinsey & Company by the CBSA.

Why is the CBSA the only Public Safety portfolio agency with contracts with McKinsey & Company?

The CBSA is engaged in revenue collection and client-facing services in a way that other Public Safety portfolio agencies are not, and so the CBSA sought external advice from a contractor with broad and international experience dealing with revenue generation and management, digital processing of financial and client records, and managing client service improvement.

What expertise was provided by McKinsey for these contracts?

Like a number of companies the CBSA contracts with, McKinsey & Company offers expertise that is not easily replicated with in-house resources. As a provider of specialized services in global trends and international standards and comparators, McKinsey & Company can utilize proprietary tools and data unavailable to in-house resources to supplement and inform decision-making.

Why did CBSA use McKinsey for these projects? Was there not in-house staff that could have performed this work?

Contracted resources are often utilized in situations in which work is required to be completed in a very short timeframe or for which the nature of the work is so specialized that in-house resources are not available. For the contract for Business Consulting/Change Management Services, the Agency chose to engage external resources because the scope and complexity of the undertaking benefited from the application of expertise that a company with global experience in digital transformation would bring. In the case of the contracts for Executive Transformation Services and for a Value Management Office, expertise in comparative analysis resultant from experience working with public and private entities internationally was required.

Were you directed to hire this company?

No, the Canada Border Services Agency was not directed to hire this company. Any procurement at the CBSA is based on fulfilling an identified business need, whether that be for goods or for services.

If you used the solution based professional services supply arrangements provided by PSPC what other companies were available and why was McKinsey & Company the one you chose?

All contracts entered into with McKinsey & Company were the result of a procurement process, where a business need is identified and technical criteria are drafted against this business need, in order to evaluate bidders in a transparent and unbiased manner. Whenever the Agency identifies a need to procure goods or services, our business line experts will work with Agency or PSPC procurement specialists to develop technical criteria at the onset, to ensure that the resulting procurement process meets the identified need.

How was McKinsey & Company selected for this work?

The CBSA's contracts with McKinsey & Company were awarded via competitive processes. In the case of the contracts for Business Consulting/Change Management Services and for Executive Transformation Services the Agency leveraged a Public Services and Procurement Canada (PSPC) supply arrangement. For the contract for a Value Management Office, a competitive process, run by PSPC, was utilized.

Why did you end your most recent contract with McKinsey & Company?

The CBSA entered into a contract with McKinsey & Company on for services related to planned outcomes and benefits of the Canada Border Services Agency Assessment and Revenue Management (CARM) project. Timelines for completion of the project were extended at which point the Agency determined it would do the work in-house in the time available.

There are no reported contracts by the CBSA with McKinsey & Company prior to 2016, why is this?

The work done by McKinsey & Company has informed some of the largest digital and organizational renewal efforts to date at the CBSA – the kind of work for which we haven't always had internal capacity or expertise.

Over time, CBSA has evolved from being part of a larger department into a stand-alone organization with a growing public policy role. In recent years, CBSA has been taking an increasingly service-oriented approach to its operations. That's what the CBSA Assessment and Revenue Management (CARM) project is about, and we have benefited from external services and expertise as we make this shift.

With rising demands and volumes at the border, and more complex threats, the CBSA began to invest in an innovative and transformational forward agenda. We have benefited from outside expertise to make sure the Agency is organized effectively with the policy and program capacity it needs as a large national organization operating in such a dynamic global environment.

Who owns the intellectual property that resulted from your contracts with McKinsey & Company?

The default position of the Government of Canada is to allow contractors to retain the rights to Intellectual Property generated under government contracts. This is designed to promote the commercialization of new ideas. Under the conditions of the contracts for Business Consulting/Change Management Services and for Executive Transformation Services, Canada owns all Intellectual Property produced as part of the Contractor's work because this work was required in order to support and inform future investments. Conversely, in the case of the contract for a Value Management Office, the contractor owns all Intellectual Property rights produced as part of its work.

Why have some names of McKinsey employees been redacted in the materials you disclosed to the Committee and others not?

The CBSA reviewed its records within a legislative framework that includes both the Privacy and Access to Information Act. Wherever possible and appropriate, the names of the McKinsey employees performing services under contract are being released consistent with the legislative framework. Under the legislative framework, personal information does not include "information about an individual who is or was performing services under contract for a government institution that relates to the services performed, including the terms of the contract, the name of the individual and the opinions or views of the individual given in the course of the performance of those services". Accordingly, names of McKinsey employees performing services under contract were released.

Not all McKinsey employees named in the documents were performing services under the contract, for example, administrative staff. CBSA released publicly available personal information about these employees and redacted personal information not in the public domain.

Given its publicized role in the opioid crisis, do you feel it is appropriate for the Government of Canada to be doing business with a company like McKinsey & Company?

PSPC administers the Integrity Regime for the Government of Canada and as such any questions should be directed to them.

Text of the motion

The motion reads as follows:

That the committee undertake a study, pursuant to Standing Orders 108(3)(c)(iii) and (ix), regarding government consulting contracts awarded to McKinsey & Company by the Government of Canada, or any Crown corporation, since , examining their effectiveness, management and operation, including the value and service received by the government, provided that:

(a) the committee schedule meetings to receive witness testimony (i) the President of the Treasury Board, the Minister of Public Services and Procurement and the Deputy Prime Minister, Minister of Finance, Minister of National Defence, Minister of Immigration, Refugees and Citizenship, Minister of Health, and Minister of Public Safety each be invited to appear for an opening statement and at least three full rounds of questions, (ii) the most senior executives at McKinsey & Company in Canada, Dominic Barton, and any other witnesses the committee decides be invited to appear, and (iii) the parties shall each provide to the clerk of the committee, by 3:00 pm EST on Tuesday, , their preliminary lists of other witnesses who the Chair shall schedule in a manner fair to all parties;

(b) the committee report forthwith to the House that it recommends that the Auditor General be called upon to conduct, as soon as possible, a performance and value for money audit of the contracts awarded to McKinsey & Company since , by any department, agency or Crown corporation;

(c) the committee order each department, agency or Crown corporation which entered into a contract (including a memorandum of understanding or other agreement) with McKinsey & Company since , to provide the clerk of the committee in both official languages within five weeks of the adoption of this order, as they become available, and notwithstanding any non-disclosure agreements which might be applicable, copies of

(i) requests for tenders or other procurement requests related to contracts awarded to McKinsey & Company,

(ii) tenders, bids, proposals or other applications received in respect of those procurement requests,

(iii) contracts entered into, including any amendments thereto,

(iv) all correspondence and electronic communications including emails, text messages, message app communications, and handwritten notes pertaining to these contracts,

(v) statements of work performed by McKinsey & Company under each contract,

(vi) all work product provided by McKinsey & Company under each contract,

(vii) invoices provided by McKinsey & Company,

(viii) records of all payments made to McKinsey & Company,

(ix) the hourly and or daily rates McKinsey & Company charged for each employee working on all respective contracts the company has received since , and

(x) the names of project managers and or project authorities from McKinsey & Company on all respective contracts and projects the company received since ;

(d) the committee order McKinsey & Company to provide, to the clerk of the committee within three weeks of the adoption of this order, and notwithstanding any non-disclosure agreements which might be applicable, with respect to each contract entered into with a department, agency or Crown corporation of the Government of Canada since , copies of (i) all records referred to in paragraph (c), (ii) all records concerning the details and descriptions of work performed under each contract, (iii) timesheets documenting work done for each respective contract, (iv) the hourly and or daily rates McKinsey & Company charged to the government or crown corporation for each respective contract awarded to them since 2011, (v) the names of project managers and or project authorities from McKinsey & Company assigned to each project from a contract with the government or crown corporation since , (vi) all records concerning subcontracts issued by McKinsey & Company in relation to each contract, including tenders, contracts, or memoranda of understanding (including any amendments thereto), invoices, payments and evaluations, (vii) all correspondence and electronic communications including emails, text messages, message app communications, and handwritten notes pertaining to these contracts, and (viii) the complete client list of all organizations McKinsey & Company has worked with since ;

(e) the evidence and documents received as part of this study be also considered in the committee's study on the outsourcing of contracts.

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