Comprehensive Legal Review of the Canadian Legislative and Regulatory Aquaculture Framework

REQUEST FOR PROPOSAL

Solicitation # : F5211-150525

Closing Date : December 22, 2015

Closing Time : 2:00 PM (Atlantic Standard Time)

This requirement is for the Department of Fisheries and Oceans (DFO).

Title: Comprehensive Legal Review of the Canadian Legislative and Regulatory Aquaculture Framework

OBJECTIVES OF THE REQUIREMENT

Fisheries and Oceans Canada (DFO) is currently in the process of implementing the Aquaculture Activities Regulations, and is also developing a number of regulatory amendments to improve environmental management of the aquaculture sector. In order to solidify the commitment and direction of the Government of Canada for sustainable growth of the sector and build a coherent and adaptable federal legal framework, DFO wishes to engage the services of a Legal or Paralegal Contractor to conduct an analysis of the Canadian aquaculture legislative framework. The analysis will include a mapping exercise of the Canadian legal aquaculture framework and highlight the connections between the various acts and regulations, including how they interrelate with one another.

BACKGROUND

Aquaculture is a shared jurisdiction between the Federal and Provincial Governments. The question of a reform of the Canadian aquaculture legislative framework has been raised in a variety of documents and reports over the last 20 years. DFO is the federal lead agency in ensuring that aquaculture is managed sustainably under the Fisheries Act and its relevant regulations.

Apart from DFO, nine federal organizations are involved in regulatory roles for aquaculture, involving ten different pieces of legislation. Moreover, rapid development of the sector over the past 30 years resulted in a variety of provincial legislations and regulations.

As of today, the Canadian aquaculture regime can be summarized in three different approaches based on history and court cases. In British Columbia, DFO issues aquaculture licences and the province issues leases for sea bed use. In Prince Edward Island, DFO issues leases with provincial and industry involvement, which covers sea bed use. In the rest of Canada, provinces issue aquaculture licences and leases, but DFO provides advice to the provinces under section 35 of the Fisheries Act and the Species at Risk Act at their request.

PERIOD OF CONTRACT

The period of the Contract is from date of Contract to March 31, 2016 inclusive.

SECURITY

The Contractor/Offeror must, at all times during the performance of the Contract/Standing Offer/Supply Arrangement, hold a valid Facility Security Clearance at the level of RELIABILTY STATUS, issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC).

INTELLECTUAL PROPERTY

The Department of Fisheries and Oceans has determined that any intellectual property rights arising from the performance of the Work under the resulting contract will belong to Canada, on the following grounds: where material developed or produced consists of material subject to copyright, with the exception of computer software and all documentation pertaining to that software.

MANDATORY REQUIREMENTS

Proposals will be evaluated in accordance with the mandatory evaluation criteria as detailed herein. Bidders’ Proposals must clearly demonstrate that they meet all Mandatory Requirements for the proposal to be considered for further evaluation. Proposals not meeting the mandatory criteria will be excluded from further consideration.

Mandatory Criteria

M1 The Contractor must provide comprehensive résumé/curriculum vitae for the proposed resource(s).

M2 The Bidder must provide proof that the proposed resource(s) provide possess a degree from a recognized law university.

Background in aquaculture, biology, fisheries or natural resources analysis would be advantageous.

M3 The Bidder’s proposed resource must have a minimum of five (5) years of experience in legal review or legislative/regulatory research analysis.

M4 The Bidder must have completed two projects in the field of the federal and provincial legislative and regulatory systems in Canada.

M5 By the close of the bid, the Bidder and its proposed resource(s) must have at least, Reliability Status level of security clearance as required by Public Works and Government Services Canada.

SELECTION METHOD

Basis of Selection – Highest Rated Within Budget

Enquiries regarding this RFP requirement are to be submitted in writing to the following:

Emmanuelle Porter

A/Senior Contracting Office

Materiel and Procurement Services

Fisheries and Oceans Canada

301 Bishop Drive

Fredericton (NB) E3C 2M6

Telephone : (506) 452-3518

Email : DFOtenders-soumissionsMPO@dfo-mpo.gc.ca