ACAN - Provision of legal expertise to the CNSC on proposed amendments to legislation related to nuclear response force equipment

1. PURPOSE

An Advance Contract Award Notice (ACAN) allows departments and agencies to post a notice, for no less than fifteen (15) calendar days, indicating to the supplier community that it intends to award a good, service or construction contract to a pre-identified contractor. If no other supplier submits, on or before the closing date, a Statement of Capabilities that meets the requirements set out in the ACAN, the contracting authority may then proceed with the award. However, should a Statement of Capabilities be found to meet the requirements set out in the ACAN, then the contracting authority will proceed to a full tendering process.

The purpose of this Advance Contract Award Notice (ACAN) is to signal the Canadian Nuclear Safety Commission’s (CNSC) intention to enter into a contract with:

William C. Bartlett

You are hereby notified that the government intends to negotiate with one supplier only as identified above.

2. BACKGROUND

The CNSC seeks to explore alternative legal frameworks regarding the deployment of firearms at high-security nuclear sites and the powers and protections of those who use them. The Canadian Nuclear Safety Commission (CNSC) is working with other federal government organizations including Public Safety Canada (PSC), Justice Canada (DoJ), Royal Canadian Mounted Police (RCMP), Natural Resources Canada (NRCan), and the Privy Council Office (PCO), who would have an interest in any new proposals. As various schemes are being examined, new questions may be raised and there may be modifications suggested which need to be analyzed from the CNSC’s perspective. Thus the CNSC requires the legal expertise of the proposed consultant who has been centrally involved in developing proposals so far.

 3. MINIMUM ESSENTIAL REQUIREMENTS

Any interested supplier must demonstrate by way of a Statement of Capabilities that it meets the following requirements:

 1) The consultant shall have extensive experience (at least 15 years) as a legal expert in criminal law working in the development of federal legislation and regulations.

 2) The consultant must have a proven in-depth knowledge of relevant federal legislation and regulations including the Criminal Code of Canada, the Firearms Act and its associated regulations and other firearms control laws. “In-depth knowledge” also includes an understanding of the rationale behind their relevant provisions during their development. The consultant will also need to be familiar with the CNSC, its mandate, and the legislation and regulations relevant to this file – including the Nuclear Safety and Control Act and the Nuclear Security Regulations – as well as being familiar with high-security nuclear sites and their security requirements.

 3) The consultant must have extensive experience in the development of legislation and regulations including the process for obtaining policy approval and the parliamentary committee process.

4. JUSTIFICATION FOR THE PRE-IDENTIFIED SUPPLIER

The CNSC is conducting a review of the Nuclear Security Regulations as part of its regular practice of maintaining a modern regulatory framework. High-security nuclear facilities require operators to provide nuclear security officers including an on-site armed nuclear response force in order to adequately protect the sites. As part of the review, greater clarity on the roles and responsibilities of the operators and their security personnel has been identified as an objective of updating the regulations.

The CNSC is therefore using the opportunity to examine whether the current legal framework is adequate and alternative options which could be used: The legislative framework in Canada relating to the availability of firearms and who can possess them is complex and has been developed over a number of years to address several concerns. Work done on this file to date indicates that there are numerous considerations in navigating within the existing legal framework to develop alternatives that will better serve the high-security nuclear sites.

The proposed contractor has extensive firsthand experience in working on the development of the Canadian legislation and a unique understanding of the rationale and tradeoffs which were made in crafting the legislation and associated regulations. As a former public servant, he is also conversant in the process to obtain policy approval and the various steps involved in shepherding a proposal through the parliamentary process.

5. INTELLECTUAL PROPERTY

Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest with the Contractor.

6. APPLICABILITY OF THE TRADE AGREEMENT(S) TO THE PROCUREMENT

This procurement is subject to the following trade agreement(s):

• Canadian Free Trade Agreement (CFTA)
• Canada-Chile Free Trade Agreement
• Canada-Colombia Free Trade Agreement
• Canada-Honduras Free Trade Agreement
• Canada-Korea Free Trade Agreement
• North American Free Trade Agreement (NAFTA)
• Canada-Panama Free Trade Agreement

7. GOVERNMENT CONTRACTS REGULATIONS EXCEPTION(S)

The following exception to the Government Contracts Regulations (GCRs) is invoked for this procurement under subsection 6(d) - "only one person is capable of performing the work".

Exclusions and/or Limited Tendering Reasons

The following exclusion and/or limited tendering reasons are invoked under the

Canadian Free Trade Agreement (CFTA) – Article 513: Limiting Tendering 2.(ii);

North American Free Trade Agreement (NAFTA) – Article 1016: Limited Tendering Procedures 2.(b);

Comprehensive Economic and Trade Agreement (CETA) - The protection of patents, copyrights or other exclusive rights;

World Trade Organization – Agreement on Government Procurement (WTO-AGP) – Article XV: Limiting Tendering Procedure 1.(b).

8. PERIOD OF THE PROPOSED CONTRACT

The proposed contract period is from November 2019 to June 2020.

The contract will contain an option to extend the contract period for an additional year (until June 2021).

9. COST ESTIMATE OF THE PROPOSED CONTRACT

The estimated cost of the contract is up to CAD 50,000 for the initial period and a further CAD 50,000 for the option year for a total of CAD 100,000.00 applicable taxes extra.

10. 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 advertised requirements.

The closing date and time for accepting statements of capabilities are:

NOVEMBER 13^th, 2019 at 2:00 p.m. (EST)

Documents may be submitted in either official language of Canada.

The Crown retains the right to negotiate with suppliers on any procurement.

12. CONTACT

 Inquiries and Statements of Capabilities are to be submitted to:

cnsc.solicitation-demandedesoumission.ccsn@canada.ca