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

An ACAN is a public notice indicating to the supplier community that a department or agency intends to award a contract for goods, services or construction to a pre-identified supplier, thereby allowing other suppliers to signal their interest in bidding, by submitting a statement of capabilities. If no supplier submits a statement of capabilities that meets the requirements set out in the ACAN, on or before the closing date stated in the ACAN, the contracting officer may then proceed with the award to the pre-identified supplier.

2. Definition of requirement

The Department of Indian Affairs and Northern Development (DIAND) has a requirement for expert independent peer review services in Technical Subject Matter Areas related to mining, Mine Closure, and human health and the environment who are competent .and qualified to provide independent technical review and advice to enhance project proposals and approaches to support NCSB project planning, and monitoring of project execution.

The Department of Indian Affairs and Northern Development (DIAND) [referred to also as Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)] supports Northern Canadians in their efforts to improve social and economic well-being, to develop healthier, more sustainable communities and to participate more fully in Canada's political, social and economic development. The Department’s responsibility for many of the Government of Canada's (GC) roles in the North, as mandated by the DIAND Act, is met primarily through the programs and services of the Northern Affairs Organization (NAO), which supports these goals.

DIAND must balance the need to support the North's economic potential with sustainable development and environmental protection. A major component of the fulfillment of these goals is the addressing of sites in the North, on Crown lands which have become contaminated. A Contaminated Site is defined as: a site at which substances occur at concentrations (1) above background levels and pose (or are likely to pose) an immediate or long-term risk to human health or the environment, or (2) exceeding levels specified in relevant policies or regulations. Under Treasury Board’s Policy on Management of Real Property, all federal government departments are charged with environmental stewardship that contribute to the preservation and protection of the environment; however DIAND faces some unique challenges in the discharge of this duty.

The Northern Contaminated Sites Branch (NCSB – formerly the Northern Contaminated Sites Program) within DIAND’s NAO is responsible for a portfolio of abandoned mine sites in the North, which require assessment, care and maintenance, remediation and closure to mitigate the effects of contamination on environmental and human health and safety, as well as monitoring to validate the impacts of these activities on the reduction of environmental and human health risks. This responsibility extends to a number of abandoned sites across the Northwest Territories, Nunavut and the Yukon, including a variety of former mining operations. Many of these sites are remote, located proximate to isolated community settlements, and some are located within the Traditional Territories of Indigenous peoples.

DIAND’s performance objectives for the NCSB include the following:

1. to meet legal obligations and federal and departmental policy requirements regarding the management of Contaminated Sites;
2. to require that, where a suspected Contaminated Site has been identified, the site is assessed in a timely, consistent and cost-effective manner;
3. to remediate, in line with approved resource levels, all National Classification System (NCS) Class 1 Contaminated Sites in the North, on a priority basis, unless it can be demonstrated that for a specific site an alternative form of management is appropriate.
4. to promote the federal "polluter pay" principle.
5. to promote the social and economic benefits that may accrue to Indigenous peoples and Northerners when carrying out activities.
6. to provide a scientifically valid, risk management-based framework for setting priorities, planning, implementing and reporting on the management of Contaminated Sites.

To assist NCSB in meeting these objectives, DIAND requires the services of independent and expert resources in Technical Subject Matter Areas related to mining, Mine Closure, and human health and the environment who are, competent and qualified to provide independent technical review and advice to enhance project proposals and approaches to support NCSB project planning, and monitoring of execution.

Independent Peer Review Services

Independent Peer Review is a neutral, third party review, assessment, comment, and advice on the technical merits of a project, approach, methods or plans, for the purpose of assuring the owner, co-proponents, and/or regulators and/or stakeholders that the project, approach, methods or plans are feasible, appropriate, sound, safe, and will achieve the project objectives in a compliant manner.

To ensure the design and implementation of each project follows industry leading and best practices, provides good value to the Crown and is technically robust, DIAND’s NCSB has implemented a formal Independent Peer Review process [comprised of a panel of one (1) or more independent Technical Subject Matter Experts – collectively the Independent Peer Review Panel (IPRP)] whose purpose is to examine the technical merits of project design(s) being proposed, including, but not limited to, approaches, methods, technologies, plans, and any other technical detail involved in the design and execution of a project. With increasing global focus on climate change and the environment, due to the extent and nature of Contaminated Site liabilities and their potential impact on human health and the environment, the level of public scrutiny on ensuring these sites are appropriately addressed continues to intensify. Consequently, the application of the technical subject matter expertise of internationally recognized experts to provide independent review and technical assurance on the direction of the program and its approaches to abandoned mine projects is of paramount importance.

Required Technical Subject Matter Areas

NCSB’s abandoned mine and Mine Closure projects vary greatly in size, complexity, site location and conditions, nature and extent of contamination, project stage and approach; and include a variety of remediation and reclamation methods, techniques and technologies.

In order to ensure the appropriate level of expertise is brought to bear through the Independent Peer Review process, DIAND requires Technical Subject Matter Expert resources qualified and capable of providing Services in each of the following technical subject matter areas (a through i):

1. Mine Waste Geochemistry: (e.g. acid rock drainage, pit lake geochemistry, tailings and waste rock geochemistry, etc.);
2. Mine Waste Geotechnical Engineering: (e.g. dam design and safety, permafrost engineering, ground freeze engineering, mine waste covers, rock mechanics, etc.);
3. Mine Site Contaminant Hydrogeology: (e.g. groundwater contaminant migration, natural attenuation of contaminants in groundwater, in situ management and treatment technologies, etc.);
4. Mine Site Water Treatment: (e.g. water treatment technologies, water treatment studies, sludge management, water treatment management, etc.);
5. Mine Reclamation Specialist: (e.g. review and evaluation of closure plans, risk characterization of abandoned mine hazards, failure modes and effects analysis, risk management solutions, mine waste management best practices, etc.);
6. Mine Site Covers Specialist: (e.g. tailings covers, waste rock covers, landform design, geomorphology, etc.);
7. Ground Freezing and Permafrost Engineering (e.g. artificial ground freezing, geotechnical engineering for permafrost conditions, climate change considerations, technical expertise on engineering in Cold Regions, etc.);
8. Hydrology and Hydraulics: (e.g. Northern hydrology, stream flow forecasting, river engineering, mine site water management, climate change considerations, etc.); and
9. Human Health and Ecological Risk Assessment (e.g. risk due to contaminant exposures, traditional Indigenous diets and harvesting, Northern ecosystems, etc.).

   Scope of Independent Peer Review Services

   Services will be required on an as-and-when-requested basis, as further defined in any Call-up issued by DIAND. Services may include any combination of the following Independent Peer Review Services (without limitation):

1. Expert technical evaluation, support, training, mentoring, coaching, and advice on studies, plans, guidelines and codes of practice, submissions, and engineered/structural works associated with projects;
2. Review, assessment and comment on project proposals, remediation plans, NCSB methods and approaches, and detailed work plans; including but not limited to: their engineering, feasibility, cost/value, quality, safety, environmental impact, socio-economic impact, and risk, among other factors;
3. Review, assessment and comment on detailed work plans, schedules, quarterly reports, health and safety plans, emergency response plans/measures, execution plans including mobilization and logistics, and risk mitigation plans;
4. Expert advice to project managers and other program personnel on the preparation of detailed work plans (in whole or in part);
5. Identification, prioritization and expert advice on strategic, technical or operational risks (including cost escalation) to the program and projects;
6. Expert advice and/or participation as a subject matter expert in project review teams and quality assurance teams;
7. Analysis of assigned topics within the required Technical Subject Matter Area(s) and preparation of discussion papers which may include: options, implications, risk identification and analysis, mitigation measures and recommendations;
8. Facilitation or attendance and participation at technical meetings, project meetings, regulatory meetings, public meetings or other related forums on behalf of the NCSB or as an independent third party, and production of related reports in preparation for or stemming from these meeting outcomes;
9. Expert advice on organization design and/or project design to achieve effective and efficient operation;
10. Development of guideline documents, codes of practice, or protocols for review panels and related activities;
11. Development and/or delivery of training/coaching/mentoring packages on guidelines, codes of practice and protocols suitable for adult audiences;
12. Expert evaluation and review of abandoned Mine Closure cost estimates;
13. Expert advice on ways to continually improve current program and project planning and control systems;
14. Development of program management and/or project management guideline documents, codes of practice, protocols, planning and/or conduct of research and/or field studies in any area of Northern or Cold Regions operations; and

1. Other related Independent Peer Review Services as requested by the Departmental Representative and as specified in the Call-up.

Services may be called upon in support of one (1) or more of the required Technical Subject Matter Areas in relation to one (1) or more aspects of any one (1) or more NCSB projects. The Technical Subject Matter Experts (collectively, the Independent Peer Review Panel) may be called upon to provide Independent Peer Review Services in support of any or all of the abandoned mine sites under NCSB’s care. Additional information on NCSB and its portfolio of abandoned mine projects can be found online at: http://www.aadnc-aandc.gc.ca/eng/1100100035301/1100100035302.

3. Criteria for assessment of the Statement of Capabilities

Minimum Essential Requirements

Any interested supplier must demonstrate by way of a statement of capabilities that it meets all of DIAND’s requirements.

Therefore a Respondent MUST provide evidence that it meets the following requirements:

1. The supplier must be an established professional firm experienced in providing a breadth of expert advisory services covered by the firm’s professional practice, across all nine (9) required Technical Subject Matter Areas.
2. The supplier must demonstrate organizational experience in providing Independent Peer Review Services in support of complex, large scale mining or Mine Closure projects.
3. The supplier must demonstrate experience in providing expert review and advisory services for a diversity of mine site projects completed for a variety of clients and in a variety of conditions and geographic areas; including Northern and Remote mine sites. Northern in this context is defined as a physical location North of 60° latitude, in an area of continuous or discontinuous permafrost. Remote in this context is defined as a location with only seasonal or intermittent road access, or is only accessible by air and/or boat, or any other type of location that poses additional logistical challenges to accessing the site.
4. The supplier must demonstrate it is able to provide reliable service from a dedicated team of nine (9) qualified Technical Subject Matter Expert Resources [one (1) qualified Technical Subject Matter Expert resource in each of the nine (9) required Technical Subject Matter Areas] to provide consistent Independent Peer Review Services to DIAND on an as-and-when required basis.
   • A Qualified Technical Subject Matter Expert is defined as an individual meeting all of the following qualifications, within a single Technical Subject Matter Area [one (1) of a) through i), as identified above)]:
     1. Demonstrates a minimum of twenty (20) years of work experience specifically in his/her Technical Subject Matter Area [one (1) of a) through i), as identified above)]; and
     2. Demonstrates a minimum of five (5) professional Independent Peer Review engagements within his/her Technical Subject Matter Area (including: Technical Review Boards, Expert Witness testimony, Expert Review, etc. but excluding peer review of journal publications, conference papers, etc.) of work done by other firms, successfully completed for clients external to the supplier’s organization; and demonstrating the delivery of these services for at least two (2) distinct abandoned mine projects. Engagement in this context means the contractual authorization by a client and completion by the necessary technical subject matter expert(s) of a neutral, third party review, assessment, comment and advice on the technical merits of a defined aspect of a Mine Closure project. For clarity, an engagement consists of all review services related to the same defined aspect of the Mine Closure project under the same contractual arrangement; and
     3. Demonstrates experience working on multi-year Mine Closure projects in Northern or Remote environments, at least one (1) of which is a complex large project valued at $100,000,000.00 or more to the owner. The resource need not have worked on the project(s) for multiple years but the project(s) must have a duration for the owner of more than 24 consecutive months. Northern in this context is defined as a physical location North of 60° latitude in an area of continuous or discontinuous permafrost. Remote in this context is defined as a location with only seasonal or intermittent road access, or is only accessible by air and/or boat, or any other type of location that poses additional logistical challenges to accessing the site; and
     4. Demonstrates successful completion of a degree or advanced degree or professional designation (e.g. P.Eng, P.Geo, R.P. Biol, etc.) in a field relevant to his/her Technical Subject Matter Area; and
     5. Demonstrates that he/she is a national or international leader in the professional field of her/his Technical Subject Matter Area, through delivery of training/formal education on behalf of accredited organizations, development and publication of industry recognized standards/guidelines and related professional publications (e.g. book chapters, etc.), presentations and conference proceedings at industry recognized forums, or publication of peer reviewed works; relevant to his/her Technical Subject Matter Area.
5. To provide a quality yet cost effective Independent Peer Review Service, the supplier must have the ability to supplement the Resource capacity of its team of Technical Subject Matter Expert Resources with the services of senior technical support staff members for assistance with data, field visits, writing reports, meeting attendance, background research and related tasks, and junior level administrative support staff members to assist with note taking, report preparation, or any other administrative assistance required to support the completion of the Technical Subject Matter Expert(s)’ assigned duties as an Independent Peer Review Technical Subject Matter Expert Resource. The supplier must agree to and comply with the requirement of providing any supporting senior technical staff and junior administrative staff. To ensure quality service to NCSB, the work of any such supporting staff must be overseen by a qualified Technical Subject Matter Expert Resource (as defined above) competent in the subject matter of the work.
6. To support the attainment of a comprehensive understanding of the issues associated with established NCSB projects, approaches, methods and plans, the work to be undertaken requires the conduct of neutral and objective reviews and provision of independent advice. The supplier must therefore agree to and comply with the requirement to remain independent and free of conflict of interest (real or perceived) from any association with consultants or contractors involved in related aspects of work for the NCSB projects for which the supplier’s Resources are providing Independent Peer Review Services. 
7. To mitigate the risk for a potential conflict of interest (real or perceived) to arise in the delivery of Independent Peer Review Services vis-à-vis the NCSB projects which are the subject of the Independent Peer Review, the supplier and each of its qualified Technical Subject Matter Expert Resources must agree to and comply with the following limitations:
   • A conflict of interest, or the appearance of a conflict of interest, includes any situation or circumstances where, in relation to a third party engaged by Canada or any of its co-proponents in support of the project [or any representative or member of a third party or any known firm or company having an ownership interest in any of the third parties engaged in support of the above referenced project (collectively “Members of a private enterprise”)], the supplier/Resource is engaged to provide Independent Peer Review Services of said third party’s work, there is a business relationship, commitment, financial interest (direct or indirect, including but not limited to: employment, stock ownership, a creditor or debtor relationship or a prospective employee / employer or contract relationship) or any other interest that cannot be mitigated to Canada’s satisfaction and could (or could be seen by others to), be directly or indirectly compromising or influencing its ability to carry out its responsibilities and obligations as a member of the Independent Peer Review Panel (IPRP) in an objective, unbiased and impartial manner.
     1. I, _________, hereby certify that I have no pecuniary interest in the business of any third party that would cause a conflict of interest or seem to cause a conflict of interest in carrying out the work in relation to any project to which Independent Peer Review Services are provided; and
   • Since the work to be conducted under this agreement may have an impact on statements of work/requirement, requests for proposals or related solicitation documentation in future procurement processes by Canada or a Territorial Government to assess, remediate or monitor an abandoned mine site project, in order to avoid any conflict of interest or appearance of conflict of interest, it is understood and agreed that:

a) I, __________, my bodies corporate, __________, any of its bodies corporate, and its Directors, management and consultants are not eligible to bid, either as a prime contractor, subcontractor or named resource on any solicitation to assess, remediate or monitor any project to which the supplier provides Independent Peer Review Services, and shall, if so doing, render the bid non compliant.

b) I, __________, my bodies corporate, __________, any of its bodies corporate, and its Directors, management and consultants are not eligible to assist in the preparation of a bid to assess, remediate or monitor any project to which the supplier provides Independent Peer Review Services, either directly or indirectly, and shall, if so doing render the bid non compliant. 

4. Applicability of the trade agreement(s) to the procurement

This procurement is subject to the following trade agreements:

• the Canada Free Trade Agreement (CFTA);
• the Canada-Chile Free Trade Agreement (CCFTA);
• the Canada-Colombia Free Trade Agreement (CCOFTA)
• the Canada-European Union - Comprehensive Economic Trade Agreement (CETA);
• the Canada-Honduras Free Trade Agreement (CHFTA);
• the Canada-Korea Free Trade Agreement (CKFTA);
• the Canada-Panama Free Trade Agreement (CPanFTA);
• the Canada-Peru Free Trade Agreement (CPFTA);
• the Canada-Ukraine Free Trade Agreement (CUFTA);
• the North American Free Trade Agreement (NAFTA); and
• the World Trade Organization – Agreement on Government Procurement (WTO-AGP).

This requirement is primarily identified as:

E199D - Environmental Services

5. Set-aside under the Procurement Strategy for Aboriginal Business

Not Applicable

6. Comprehensive Land Claims Agreement(s)

This procurement is subject to the following Agreements:

Nunavut:

• Nunavut Land Claims Agreement
• Nunavik Inuit Final Agreement

  NWT:

• Gwich’in Final Agreement
• Inuvialuit Final Agreement
• Sahtu Dene and Métis Comprehensive Land Claims Agreement
• T’licho Land Claims and Self-Government Agreement

  Yukon:

• Carcross/Tagish First Nation Final Agreement
• Champagne and Aishihik First Nation Final Agreement
• Kluane First Nation Final Agreement
• Kwanlin Dun First Nation Final Agreement
• Little Salmon / Carmacks First Nation Final Agreement
• First Nation of Nacho Nyak Dun Final Agreement
• Selkirk First Nation Final Agreement
• Ta’an Kwach’an Council Final Agreement
• Teslin Tlingit Council Final Agreement
• Tr’ondëk Hwëch’in final Agreement
• Vuntut Gwitchin First Nation Final Agreement

7. Justification for the Pre-Identified Supplier

Robertson GeoConsultants Inc. is an established consulting firm, specializing in providing its professional advisory services and expertise to projects in the mining industry and for contaminated mine sites.

In business for over 20 years, since 1995, Robertson GeoConsultants Inc. has provided services to clients on projects in over 16 countries and completed over 150 projects at some of the largest and most remote mines in the world. Services provided include:

• ARD and Geochemistry
• Audit and Review for Mines
• Contaminant Control
• Expert Testimony
• Groundwater Impact Assessment
• Mine Closure Planning
• Mine Waste Management
• Mineralogical Characterization
• Pit Slope Engineering for Mines
• Risk & Liability Assessments
• Seepage Control in Tailings Impoundments and Waste Rock Piles
• Tailings Dam Design
• Covers and Landform Design
• Water Management
• Human Health and Ecological Risk Assessment

  Robertson GeoConsultants Inc. provides access to a dedicated and qualified team of experienced technical subject matter experts, each specializing in the delivery of a unique subject matter expertise to the application of mining projects and contaminated mine remediation and reclamation; supplemented by experienced support staff.

  Robertson GeoConsultants Inc. senior staff specializes in providing Technical Review, Audit and Corporate Governance support to Corporate or Institutional Boards and to senior decision makers involved in operating or regulating mines. Working at this senior level Robertson GeoConsultants Inc. senior personnel has participated on Technical Review Boards; in Specialist Technical Reviews, delivering Expert Witness Testimony, and providing Technical Assessment and Guidance to multiple government bodies at the Provincial/State and Federal levels in Canada, USA, Australia, Peru, Argentina, Chile, Norway, and Germany. Robertson GeoConsultants Inc. senior personnel currently participates on, or have participated on, more than 21 Technical Review Boards established by mining regulating governmental institutions and mining companies, including for 16 mines in Norway, Diavik Diamond Mine (Nunavut), Faro Mine Complex (Yukon), Cantung and Giant Mines (Northwest Territories), Fort Knox and Pogo Project (Alaska).

  In addition to their technical specialization, Robertson GeoConsultants Inc. senior personnel specializes in risk assessment and management for large and high hazard geotechnical structures in the mining industry. They have been instrumental in the development and application of risk assessment methodologies (such as Failure Modes and Effects Analyses – FMEA) and decision making for mining projects (such as Multiple Accounts Analyses – MAA).

  The Robertson GeoConsultants Inc. team has completed over 150 projects for external clients in the mining industry in support of contaminated mine sites and Mine Closure, including all project perspectives (public sector, private sector and regulatory bodies). This experience includes 30 projects in Canada, and a wide breadth of experience in Northern and Remote contexts (e.g. Northwest Territories, Nunavut and the Yukon), as well as a depth of experience working on Remote mine sites in Alaska and outside of Canada.

  Robertson GeoConsultants Inc. demonstrate a track record of innovation in the industry and contribution to the professional community in the required Technical Subject Matter Areas, including participation in a variety of research projects, and role in the delivery of industry initiatives such as Enviromine, Hydromine, Geotechmine, Geomine, Labmine, and Rockmine and Edumine web sites for mining environmental technology. Robertson GeoConsultants Inc. resources have contributed to over 130 professional publications and conference proceedings in the required Technical Subject Matter Areas. 

  Robertson GeoConsultants Inc. has an extensive experience providing the following services:

1. Senior Technical Review for major mining geotechnical structures and contaminant control facilities;
2. Northern climate and Cold Regions (permafrost) experience related to the mining sector and Mine Closure;
3. Risk assessment and management services specific to mining structures for contaminant control;
4. Practical experience with design, construction and cost evaluations for major geotechnical structures and contamination control on mine sites, and;
5. Depth of experience and practice on Technical Review Boards for both government bodies and mining companies.

Based on the above combination of capacity and experience, the proposed supplier is considered uniquely qualified to perform the work.

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

The following exclusion(s) and/or limited tendering reasons are invoked:

Canada-European Union - Comprehensive Economic Trade Agreement (CETA) – Article 19.12, Paragraph 1. (b) (iii), due to an absence of competition for technical reasons

Canada Free Trade Agreement – Article 513 Paragraph 1. (b) (iii), where there is an absence of competition for technical reasons.

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.

10. Ownership of Intellectual Property.

Canada intends to retain ownership (where it applies) of any Foreground Intellectual Property arising out of the proposed Contract related to the development of public information, based on the following exemptions contained within section 6 of the Policy on Title to Intellectual Property Arising under Crown Procurement Contracts, where the main purpose of the Contract, or of the deliverables contracted for, is (6.4.1) to generate knowledge and information for public dissemination.

11. The period of the proposed contract or the delivery date(s)

The proposed agreement is for a period of three (3) years, from date of Award. DIAND reserves the right to extend the term of the agreement by up to two (2) additional one (1) year periods.

12. A cost estimate of the proposed contract

The estimated value of the SOA, including option(s), is $2,000,000.00 (applicable taxes included).

13. Name and address of the pre-identified supplier:

Robertson GeoConsultants Inc.

900 - 580 Hornby St

Vancouver, BC, Canada. V6C 3B6

14. Suppliers' right to submit a statement of capabilities

Suppliers who consider themselves fully qualified and available to provide the goods, services or construction services described in the ACAN, 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 minimum essential requirements described herein.

15. The closing date for a submission of a statement of capabilities.

The closing date and time for accepting statements of capabilities is June 17, 2019 at 2:00 p.m. EDT.

16. Inquiries and submission of statements of capabilities

Inquiries and statements of capabilities are to be directed to:

Alma Moyeda

Senior Procurement and Contracting Officer

10 Wellington, Gatineau, QC, K1A 0H1

Telephone: (819) 953-6153

Facsimile: (819) 953-7721

E-mail: alma.moyeda@canada.ca