Only 1 company so far wants to replace HMP — the same company that led the last bid

Just one company has expressed an interest in Newfoundland and Labrador's second attempt to build a replacement for the decrepit Her Majesty's Penitentiary — and the lone bidder is headed by the same company that was the only competitor in the last round before it was scrapped by the provincial government.

On Tuesday at noon, the provincial Department of Transportation and Infrastructure announced the sole submission on a request for qualifications came from New Avalon Corrections Partners.

Documents obtained by CBC News through the government commercial database Merx refer to the company as Plenary Americas, the lead company of Avalon Corrections Partners, which was initially awarded the contract to design, build and maintain the new prison.

In December, the provincial government announced it was scrapping the approved design from Avalon Corrections Partners due to rising costs.

At the time, Transportation and Infrastructure Minister John Abbott said they were restarting the process and requests for qualifications would be issued in early January.

A replacement of the aging prison was promised in 2019 — with an estimated price tag of $200 million — and scheduled to be completed in 2022. An access-to-information request in March 2022 revealed the government's "affordability ceiling" had grown to $325 million.

It isn't clear if the same companies that made up the previous consortium, Avalon Corrections Partners, are involved in New Avalon Corrections Partners.

The department did not provide a list of companies that make up the consortium when asked by CBC News Tuesday. It said the companies will be identified once the evaluation of the bid is complete.

 Abbott said the department will be reviewing the documentation from Plenary Americas to ensure it fits their new qualifications.

"They proposed before, they proposed again. So not to prejudge that, but we think that we may have a fit here. But we're doing our due diligence to make sure that is the case," Abbott said.

Once the review is completed, Abbott said government will meet with Plenary Americas to request a fuller proposal that would include design and costing.

Needing to work with only one company will likely make the process faster, said Abbott.

When asked for comment by CBC News on Tuesday, Plenary Americas spokesperson Stephanie Williamson directed all comments to the provincial government.

The statement also confirmed the project will still be a public-private partnership, also known as a P3.

Details in documents

Abbott reiterated Tuesday that the government was reducing the overall size of the facility and moving from a campus-style model to a stacked floor model. That will change costs, he said, but not programming plans.

He also said the proposed cost of the previous facility was more expensive than the province could afford.

In December, Abbott said there would be a maximum cost limit to the new proposal, but the request-for-qualifications documents didn't state what that amount is. That number is still being finalized, he said Tuesday.

The RFQ is the first stage of a two-stage process for selecting a bid. Documents state requests for proposals will be due sometime in the fall and construction is still scheduled for spring 2025.

Despite being the only company to express interest, New Avalon Corrections Partners isn't guaranteed the government contract.

"This RFQ does not in any way commit the authority to proceed to an RFP stage or award a contract," states the documents.

The documents detail what the government is looking for in the new prison. The building will need to have an area of between 10,000 and 11,000 square metres, have approximately 280 resident beds, and accommodate special-purpose beds, resident programs, recreation facilities, health services, support staff facilities and other features. 

More details and specific information will be finalized when the requests for proposals are developed along with a project agreement, noted the documents.

Abbott said he's confident the project will begin on its new schedule.

"It's now time for us to move this project forward. It is essential for anybody that's at the penitentiary right now. For the inmates that are there, the staff that are working there, we know that it's not sustainable for quite some time," he said.

"We believe that we've got the right elements now in place."

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