NPC Boat Tour Tendering Process

Strategy and Tactics

Overview of the Current Situation

• Because of its understanding of the unique issues involved, the Commission is in the
best position to lead the tendering process.
• However, the Commission has twice recommended that the lease renewal negotiated
with the Maid of the Mist be approved by the province. As such, there will be
perceptions of bias if the Commission is to lead the tendering process.
• These perceptions will be exacerbated by provisions that may need to be included in
the tender to protect the Commission, the tourism industry, and the province,
including:
o Indemnification of NPC and the provincial government against any potential
litigation and settlement if the Maid of the Mist is not successful;
o A detailed plan and commitment to invest in building an international brand and
marketing the boat tours under a new name if the Maid of the Mist name cannot
be acquired from its current owners;
o A business plan that takes into account the impact on NPC revenues from
competition from the Maid of the Mist, which will continue to operate under a
40-year lease on the US side; and
o Guarantees that tour boat operations will not be interrupted if the Maid of the
Mist is not successful and the selected operators do not have tour boats
immediately available.
• In addition:

o The Commission requires additional outside resources to develop a tender of this

complexity and to evaluate responses; and
o Continued criticism and negative media coverage – locally, regionally and
nationally – can be expected. The Fifth Estate is currently researching a story on
the issue.

Briefing note to the Minister November 30, 2009

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Approach and Guiding Principles
To address the issues outlined above, we have developed the following approach based
on the following guiding principles:
• The best interests of Niagara Parks, the tourism industry, and the province will
continue to guide all of the Commission’s actions and decisions.
• The Commission will ensure an open and transparent process.
• The Commission will focus on the future.
• The Commission will move forward with the full support and confidence of the
Minister.
• The Ministry will support the Process financially.

Tactics
The following tactics are based on the guiding principles outlined above:
1. A letter from the Minister requesting that the Commission move forward with the
process and expressing confidence in the Commission.
2. Announcement of the process and principles that the Commission intends to follow
including:
a. A specification in the tender documents that all submissions will be publicly
released together with a breakdown of benefits and costs;
b. A public meeting at which the Commission will answer any questions regarding
the tender process and the considerations involved; and
c. Release of a timeline for the tendering process.
3. Implementation of a comprehensive, ongoing communications and public relations
program that will include:
a. Online and face-to-face communications with the public and various
stakeholders;
b. Announcements of the steps being taken by the Commission to protect NPC
revenue and the tourism industry during the tendering process and in the tender
itself;
c. A plan for the release of all tender submissions and their evaluation; and

Briefing note to the Minister November 30, 2009

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 d. A plan for the formal announcement of the recommendation that will be sent to
the Minister together with the rationale and support materials.

4. Formation of an independent, blue ribbon review panel to review tender

submissions and provide their comments to the Commission. The comments will be
released publicly and included in the Commission’s final recommendation to
cabinet.

Project Management
Resources do not exist at either the Ministry or NPC to properly manage the RFP
process for the NPC Boat Tour attraction. A project of this size and complexity requires
a designated manager with a team of specialist advisors. A project management
approach will require:
• Project manager – experienced individual or firm;
• Expert advisors including but not limited to:
o Marketing;
o Legal;
o Geo-technical;
o Navigation operations;
o Procurement expert*; and,
o Fairness commissioner*.
*Note: these specialists are already being engaged by the ministry – the scope of their
assignment is not known.

Briefing note to the Minister November 30, 2009

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Timelines
The following timeline is based on our estimation of the time required, the unique
nature, complexity and potential liability that this process entails.

Request from the Minister to proceed with the tender December 1, 2009
process

Selection of the Project Manager & Finalize

January 31, 2010
Communications and Public Relations Plan

Selection of the Project Management Team February 28, 2010

Preparation of the tender document including all May 30, 2010

required legal and ministerial reviews and approvals

Invitation to submit tenders June 1, 2010

Deadline for submission of tenders September 1, 2010

Completion of review of the tenders by the Project November 1, 2010

Management Team and Blue Ribbon Panel

Recommendation to the Commission by the Project January 1, 2011

Management Team and Blue Ribbon Panel

Final negotiations with Selected Proponent and June 1, 2011

consideration and recommendation by the Commission
to the Minister - OIC

Please note that this timeline is based on an optimistic assessment of our ability to select
a project manager and project management team; and timely review and approval of
tender documents and submissions by interested parties.
Additional time should be factored into the above schedule to account for unforeseen
delays.

Process Cost
It is estimated that the Process Costs will range between $100,000 and $150,000 for each
of the Project Management and Communications/PR initiatives (total $200,000-$300,000
– does not include already acquired consultants by the Ministry).

Briefing note to the Minister November 30, 2009

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