Beaufort Regional Environmental Assessment (BREA) Cumulative Effects Framework (ACAN)

Beaufort Regional Environmental Assessment (BREA) Cumulative Effects Framework 
20-13-0202
January 31, 2014

1.	Purpose of an Advance Contract Award Notice (ACAN)

An Advance Contract Award Notice (ACAN) allows a department to post a notice, for no less than fifteen (15) calendar days, indicating to the supplier community that it intends to award a contract to a pre-identified supplier.  If no other supplier submits, during the fifteen calendar day posting period, a statement of capabilities that meets the requirements set out in the ACAN, the competitive requirements of the government’s contracting policy have been met.  Following notification to suppliers not successful in demonstrating that their statement of capabilities meets the requirements set out in the ACAN, the contract may then be awarded using the Treasury Board’s electronic bidding authorities.

If other potential suppliers submit statements of capabilities during the fifteen calendar day posting period, and meet the requirements set out in the ACAN, the department must proceed to a full tendering process on either the government’s electronic tendering service or through traditional means, in order to award the contract.

2.	Definition of Requirements

The purpose of the Beaufort Regional Environmental Assessment (BREA) is:

“to help ensure governments, Inuvialuit, and industry are better prepared for oil and gas exploration and development in the offshore by: 1) filling regional information and data gaps related to offshore oil and gas activities; and 2) supporting effective and efficient regulatory decision making by providing the necessary data and information to all stakeholders.”

Cumulative effects assessment is an existing required component of regulatory applications and Environmental and Social Impact Assessments.  However, resource managers have indicated that the current methods to assess cumulative effects are inadequate. Adoption by proponents, regulators and resource managers of a consistent framework or method for assessing and monitoring cumulative effects to address regional and other concerns could result in regulatory efficiencies by creating alignment on information and process requirements.

This study will support the BREA Cumulative Effects Working Group in that it will develop a consistent method for managing cumulative effects in the Canadian Beaufort Sea region, and address regional concerns based on identified Valued Components and their associated stressors.  It will also complement the establishment of a baseline understanding of environmental conditions in the offshore Beaufort Sea through the BREA Research program.  Additionally, it could complement work conducted under the Northwest Territories Cumulative Impacts Monitoring Program on a knowledge gathering exercise to assess cumulative effects.

The study will need to consider related work previously undertaken in the Beaufort Region including Beaufort Sea Strategic Plan of Action (BSStRPA), Beaufort Sea Integrated Oceans Management Plan (IOMP), Beaufort Environmental Monitoring Program (BEMP), and Beaufort Regional Environmental Assessment and Monitoring Program (BREAM). Also to be considered are data mining and gaps work published by Environmental Studies Research Fund (ESRF) and ArcticNet. 

The BREA Cumulative Effects working group has identified the need to develop a framework that outlines management decision-making approaches that balance existing science-based information with value-based consideration of environmental and socio-cultural components and thresholds of acceptable change.  The working group acknowledges that there are a number of organizations with responsibilities for both the management and monitoring of cumulative effects within the Inuvialuit Settlement Region, and a cumulative effects management framework needs to clearly identify roles and responsibilities for making decisions and implementing new policies and procedures related to the management of cumulative effects.

On behalf of Aboriginal Affairs and Northern Development Canada (AANDC) and the Beaufort Regional Environmental Assessment, the Contractor will develop a comprehensive regionally-based Cumulative Effects Management (CEM) framework which meets the needs of the BREA Cumulative Effects working group, using an approach that has been proven to be successful in other scenarios.  

This framework will provide consistency of approach in project assessments and a better means for regulators to ensure that cumulative effects are being properly addressed.  The study will focus on methods or tools to support efficient decision making.  The goal is to introduce a simple framework that will be implemented, tested, and refined through experience and multi-stakeholder engagement and decision-making.  The success of the study will be demonstrated by developing a framework that could potentially be implemented by key regulators in upcoming offshore oil and gas applications.

The development of a regional framework prior to project-specific applications will enable all stakeholders (Inuvialuit, government and regulators, and industry) to participate and support the process for identification of VCs, stressors, and pre-determined impact management measures to be included in cumulative effects assessment.

It is expected that the development of a regional framework will be informed by the results of at least two important streams of work. The first is the review and analysis of existing cumulative effects and environmental assessment literature along with local information and plans to assist in developing the various aspects of the framework as per the scope of work below. The second is the engagement of stakeholders (in the form of workshops or meetings) at key decision points throughout the development of the framework. The BREA Cumulative Effects working group will also work closely with the contractor to ensure that the framework meets the needs of various stakeholder groups. 

The organizations listed below represent key stakeholders that will be included in the development of the Cumulative Effects Management framework. Additional stakeholders may be included in the work where it is deemed relevant by the consultant or technical authority.

•	Inuvialuit Regional Corporation
•	Joint Secretariat
•	Industry operators and the Canadian Association of Petroleum Producers (CAPP)
•	Environmental Impact Screening Committee (EISC)
•	National Energy Board (NEB)
•	Canadian Environmental Assessment Agency (CEAA)
•	Inuvialuit Game Council (IGC)
•	Fisheries Joint Management Committee (FJMC)
•	Wildlife Management Advisory Council (WMAC)
•	Aboriginal Affairs and Northern Development Canada (AANDC)
•	Government of Yukon (YG)
•	Government of the Northwest Territories (GNWT)
•	Fisheries and Oceans Canada (DFO)
•	Environment Canada (EC)
•	Parks Canada (PC)
•	Environmental Impact Review Board (EIRB)

3.	Criteria for assessment of the Statement of Capabilities Minimum Essential Requirements

Interested suppliers who consider themselves fully qualified and available to meet the following specified requirements must submit a statement of capabilities clearly demonstrating how they meet the advertised requirements:

1. The supplier must demonstrate that they have a proven quality assurance methodology, resource team availability and access to back-up resources.

2. The supplier must demonstrate that they have an available resource team to perform the work described within the Definition of Requirements, ensuring at a minimum the following criteria are met:

a) A team member is assigned to the project with experience in organizing and leading multi-stakeholder (primarily government, industry, and Aboriginal) consultation, engagement, group facilitation, and/or workshops.
b) A team member assigned to the project with a minimum of eight (8) years experience in project management (project planning and monitoring, managing deliverables and deadlines, managing a project team, providing timely updates to the Project Authority) in complex, multi-stakeholder environmental projects.
c) A team member assigned to the project has eight (8) years of technical experience and expertise in the field of environmental analysis.

3. The supplier must demonstrate experience in successfully providing services relevant and similar to the scope of work and clearly demonstrate understanding and experience of cumulative effects management, including analysis, assessment, mitigation and monitoring. 

4. The supplier must demonstrate that their resource team has collective experience in at least two (2) projects in cumulative effects work in Northern Canada (Yukon, Northwest Territories, Nunavut), especially around the identification of valued components, indicators, and thresholds. This must include the provision of these services for a Federal Government client.

5. The supplier must demonstrate that their resource team has experience providing scientific and/or technical advice around management (i.e. assessment and monitoring) of cumulative effects, including in the areas of:
•	Marine biology and/or oceanography 
•	Ecology, including landscape ecology 
•	Socio-cultural and/or economic indicator development 
•	Indicator development and analysis for biological systems, air , water, and terrestrial quality 
•	Quantitative analysis of complex ecological datasets for the identification of patterns or trends 
6. The supplier must demonstrate that their resource team has collective experience advising on the development and implementation of programs in a multi-stakeholder environment (Aboriginal, industrial, and governmental).
7. The supplier must demonstrate that their resource team has experience with project management (project planning and monitoring, managing deliverables and deadlines, managing a project team, providing timely updates to the Project Authority) in complex, multi-stakeholder environmental projects.

4.	Applicability of the Trade Agreement(s) to the procurement

This procurement is subject to the following trade agreements:

•	the Agreement on Internal Trade (AIT);
•	the World Trade Organization – Agreement on Government Procurement (WTO-AGP);
•	the North American Free Trade Agreement (NAFTA);
•	the Canada Chile Free Trade Agreement (CCFTA); 
•	the Canada-Peru Free Trade Agreement (CPFTA); and
•	the Canada-Colombia Free Trade Agreement (CCOFTA).

5.	Ownership of Intellectual Property

The Department of Indian Affairs and Northern Development has determined that any intellectual property arising from the performance of the work under the contract will vest in Canada, for the following reasons: the main purpose of the Contract, or of the deliverables contracted for, is to generate knowledge and information for public dissemination.

6.	Period of Proposed Contract

From contract award to March 31 2015.

7.	Estimated Value of Proposed Contract

Approximately $224,304 + Applicable Taxes

8.	Government Contracts Regulations Exception(s)

The following exception to the Government Contracts Regulations is invoked for this procurement:

	Subsection 6(d) – “only one person is capable of performing the work”

9.	Exclusions and/or Limited Tendering Reasons 

Agreement on Internal Trade (AIT) – Article 506 Paragraph12 (b), where there is an absence of competition for technical reasons and the goods or services can be supplied only by a particular supplier and no alternative or substitute exists.

World Trade Organization - Agreement on Government Procurement (WTO-AGP) – Article XV (15), Paragraph 1 (b), the products or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists. 

North American Free Trade Agreement (NAFTA) – Article 1016.2(B) the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.

Canada-Peru Free Trade Agreement – Article 1409, Paragraph 1 (b) iii, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist. 
 
Canada-Colombia Free Trade Agreement – Article 1409, Paragraph 1 (b) iii, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist. 

10. Justification for the proposed Supplier

Compass Resource Management specializes in facilitating complicated natural resources management, planning and policy problems – those with multiple objectives and options, complex system interactions, diverse stakeholders, high levels of uncertainty and public controversy. 

The proposed resource team has worked on several previous cumulative effects management projects in the Northwest Territories (NWT), Nunavut, and the Yukon. Experience relates directly to the scope of work, including experience with: 

•	Designing and facilitating multi-stakeholder, natural resource decision making processes involving government agencies, Aboriginal governments and communities, resource industries, and NGOs;
•	Developing cumulative effects management (CEM) frameworks within Northern Canada (Yukon, Northwest Territories, Nunavut), including the identification of valued components, indicators, and thresholds, and involving a Federal Government client;
•	Managing complex, multi-stakeholder environmental projects;
•	Environmental analysis, including Environmental Impact Assessments (EIAs)
•	Experience with workshop facilitation, community engagement, report writing and making presentations to various technical and non-technical audiences.

The proposed contractor has demonstrated experience in: 

•	Identification of valued components following established criteria for the particular project
•	Development, analysis and selection of indicators that provide information on the valuable component 
•	Setting thresholds based on scientific and socioeconomic information and analysis
•	Design and/or implementation of effects monitoring programs to track changes in indicators and/or valuable components
•	Cumulative effects management, including analysis, assessment, mitigation and monitoring.
•	Experience providing scientific and/or technical advice around management (i.e. assessment and monitoring) of cumulative effects.
•	Collective experience advising on the development and implementation of programs in a multi-stakeholder environment, particularly in northern Canada (Aboriginal, industrial, governmental).
•	Project management (project planning and monitoring, managing deliverables and deadlines, managing a project team, providing timely updates to the Project Authority) in complex, multi-stakeholder environmental projects

•	Based on the above combination of expertise and experience the proposed contractor is considered to be the only contractor qualified to complete the work.

11.	Proposed Contractor

Compass Resource Management Ltd., 
Suite 200, 1260 Hamilton Street
Vancouver, BC
V7B 2S8

12.	Submission of Statement of Capabilities by Suppliers:
	
Suppliers, who consider themselves fully qualified and available to provide the services described herein, may submit a statement of capabilities in writing to the contact person identified in this Notice on or before the closing date of this Notice.  The statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.

13.	Closing Date for Submission of Statements of Capabilities

15:00 hours, Eastern Daylight Savings Time (EDST), February 14, 2014

14.	Departmental Contact Person

Suppliers may inquire or submit a statement of capabilities to:

Céline Viner
Senior Procurement Officer
Materiel and Asset Management Directorate
Department of Indian Affairs and Northern Development Canada
10 Wellington Street
Gatineau, QC  K1A 0H1
Tel.: 819-994-7304
Fax: 819-953-7830
Email: celine.viner@aandc-aadnc.gc.ca