Mediation Services

RFP NUMBER: 1000183367

PROJECT TITLE: Mediation Services

SUMMARY: DIAND has identified a requirement for external Contractor services to fulfill requirements for Mediation Services in support of various negotiation processes in order to surmount specific impasses, thereby accelerating the resolution of land claims, self-government negotiations and other issues in Crown – Aboriginal relations. The Standing Offer Agreements will be in effect for two (2) years with a possibility of up to two (2) additional one (1) year option periods.

The Request for Standing Offers (RFSO) is to establish National Master Standing Offers for the delivery of the requirement detailed in the RFSO, to the Identified Users across Canada, including areas subject to the following Comprehensive Land Claims Agreements (CLCAs).

James Bay and Northern Quebec Agreement (JBNQA)

Inuvialuit Final Agreement

Gwich'in Comprehensive Land Claim Agreement

Nunavut Land Claims Agreement

Champagne and Aishihik First Nations Final Agreement

Little Salmon/Carmacks First Nation Final Agreement

First Nation of Nacho Nyak Dun Final Agreement

Selkirk First Nation Final Agreement

Teslin Tlingit Council Final Agreement

Vuntut Gwitchin First Nation Final Agreement

Tr'ondëk Hwëch'in Final Agreement

Ta'an Kwach'an Council Final Agreement

Kluane First Nation Final Agreement

Kwanlin Dun First Nation Final Agreement

Carcross/Tagish First Nation Final Agreement

Sahtu Dene and Metis Comprehensive Land Claim Agreement

Labrador Inuit Land Claims Agreement

Tlicho Land Claims Agreement

Nunavik Inuit Land Claims Agreement

DIAND seeks to award Standing Offer Agreements (SOAs) for individual mediators within each of the four (4) regions, as follows:

Pacific Region

The entire province of British Columbia and the Yukon Territory:

Up to eight (8) SOAs

Western Region

The entire provinces of Alberta, Manitoba and Saskatchewan and the Northwest Territories:

Up to six (6) SOAs

Ontario Region

The entire province of Ontario and the Nunavut Territory:

Up to six (6) SOAs

Quebec and Atlantic:

Region

The entire provinces of Quebec, Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland including Labrador

Up to five (5) SOAs

Under any SOA, mediators may not be restricted to deliver solely within their Region in the event That additional resources are needed in alternate Regions.

In the event that some regional lists do not achieve the desired number of SOAs, DIAND reserved the right to make additional SOA awards in other regions in order to achieve the desired total number of SOA required.

In a companion Request for Proposals (RFP) solicitation 1000183366, set-aside for Aboriginal Businesses, DIAND is seeking to establish up to fifteen (15) Standing Offer Agreements.

In the event that less than fifteen (15) Standing Offer Agreements are awarded under the companion solicitation 1000183366 to this solicitation, DIAND may increase the number of competitively awarded Standing Offer Agreements under this solicitation up to a total of forty (40) Standing Offer Agreements overall.

Security: Pursuant to the Government of Canada Security Policy, the nature of the services to be provided under the Standing Offer Agreement requires a Government of Canada Security Clearance.

M1 Qualified Mediator

The Bidder MUST propose one (1) mediator and provide a CV for the proposed Mediator named to provide Mediation services under the Statement of Work (SOW) – Annex “A”.

The proposed mediator MUST meet the minimum qualification requirements, as described in SW9 Contractor Resource Requirements of the SOW.

The Bidder's Proposal MUST include a completed and signed Proposal Form A for the proposed mediator.

The Bidder MUST identify for the proposed mediator only one (1) region in which the individual is proposing to deliver service:

Pacific Region -The entire province of British Columbia and the Yukon Territory:

Western Region - The entire provinces of Alberta, Manitoba and Saskatchewan, and the Northwest Territories:

Ontario Region - The entire province of Ontario and the Nunavut Territory:

Quebec and Atlantic Region - The entire provinces of Quebec, Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland including Labrador:

Bidders MUST provide the name of the Canadian city where and around which the mediator agrees to work without travel and living expenses within the identified Region.

The Bidder MUST indicate in Form A the language proficiency of the proposed mediator, in either or both Official Languages (written, oral, and reading comprehension in English and/or French, as applicable), and its capacity to provide service in any of Canada’s Aboriginal languages. Proficiency in French or English is mandatory for all Resources.

M2 - Mediation Cases Summaries

The Bidder MUST indicate in Form A, for the proposed mediator, a list of at least six (6) mediation cases within the last fifteen (15) years calculated on the closing date of the RFSO in which the Resource conducted civil mediations that are similar to and demonstrate relevant experience as per DIAND’s requirement as defined within the Statement of Work (This should include cases involving aboriginal issues such as land claims, self-government and comprehensive land claims negotiations or alternatively complex multi-party and multi-issue mediations if applicable). The description of the minimum six (6) cases to be indicated in Form A should be no longer than two (2) single sided pages, or one (1) double sided page in total, using 8.5” by 11” paper and 10-12 font size, and should be detailed enough to gain an understanding of the relevance to the requirements defined within the Statement of Work. Only six (6) mediation cases are mandatory, however bidders may add additional rows to Form A, as required, to include more than the mandatory six (6) mediation cases to respond to Point-Rated Criterion R1.

DIAND does not ask proposed mediator(s) to violate their obligations or restrictions with respect to secrecy or confidentiality in order to respond to this Criterion. The evidence of the mediator’s experience should be presented in a manner that respects confidentiality.

M3 Resource References

2.1 The Bidder MUST include within its Proposal, two (2) reference letters for the proposed mediator. The references MUST be related to work for which the mediator was directly responsible, and at least one MUST be related to one (1) of the minimum of six (6) projects cited within Proposal Form A.

2.2 The reference MUST be able to confirm the mediator’s competencies in a mediation process and his/her commitment to the role of mediation. This role includes helping parties address their conflict constructively, creatively (where possible), and reduce the risk of damage to the parties’ relationships.

The reference letter MUST be from an individual or a firm outside of the Bidder’s organization and not from immediate relatives.

The letter MUST clearly include reference to the following:

1. Ability to establish rapport and treat the parties equally and fairly;
2. Ability to facilitate and lead meetings; and
3. Ability to understand and summarize complex issues such as communication and value differences between parties.

Bidders MUST provide contact information of the named references

DIAND does not ask proposed mediator(s) to violate their obligations or restrictions with respect to secrecy or confidentiality, in order to respond to this Criterion. The evidence of the proposed mediator’s experience, knowledge, skills and abilities, as referenced, should be presented in a manner that respects confidentiality.

DIAND reserves the right to contact the named referees for the purpose of verifying the accuracy and veracity of the information provided in the Bidder’s Proposal. Should DIAND choose to contact the referees and should one (1) or more provide a negative reference regarding the accuracy or veracity of the Bidder’s Proposal, the Proposal will be deemed non-compliant and given no further consideration.

M4 Confirmation of Acceptance of the predetermined price of services

The Bidder MUST submit the signed acceptance of the predetermined price of services, Annex “B”.

The requirement is subject to the provisions of the World Trade Organization Agreement on Government Procurement (WTO-AGP), the North American Free Trade Agreement (NAFTA), and the Agreement on Internal Trade (AIT).