Crown Land Disposition Management Procedures Manual and Training

1. 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 the Requirement

Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) Lands Administration Division (Lands) has a requirement for the development of a procedures manual and training for Crown land management in Nunavut.

The Territorial Lands Act (TLA) and its regulations govern the use, protection and disposition of territorial lands. Lands also have the authority under the Federal Real Property and Federal Immovables Act (FRPFIA) and its regulations which governs the transfer of disposition related files with other Federal Government Departments with land interests.

Responsible land management requires certainty of direction and is based upon operational consistency and efficiency. To ensure Lands meets these standards of sound land management practices, a thorough understanding of the disposition files currently within Land administration is required; departmental staff must have the ability and understanding to review and manipulate its content; have the proper tools to develop, streamline and execute land management processes; and have the knowledge to interpret relevant legislation and provide concrete advice.

CIRNAC Lands require the development of a detailed procedures manual which defines the legislative implications, process, content, and management of disposition files and their associated transactions, including surface leases, reservations by notation, indentures, debentures, and land transfers. The detailed procedures manual will include the development of templated contract document types and letters of correspondence. Upon completion of the manual it is expected that the contractor will deliver training on the application of the procedures manual to Lands and its staff.

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 the following requirements:

• Have a minimum of five (5) years demonstrated experience in land administration in a public institution within the last ten (10) years; and
• Have a minimum of five (5) years demonstrated experience in the administration and management of disposition files in the northern regulatory regime in the Northwest Territories and/or Nunavut within the last ten (10) years;

• Demonstrated experience of providing training on land administration policies and procedures within the last five (5) years.

4. Applicability of the trade agreement(s) to the procurement
This procurement is subject to the following trade agreement(s)

• Canadian Free Trade Agreement (CFTA) of Agreement on Internal Trade (AIT)
• North American Free Trade Agreement (NAFTA)
• Canada-Chile Free Trade Agreement
• Canada-Colombia Free Trade Agreement
• Canada-Honduras Free Trade Agreement
• Canada-Panama Free Trade Agreement

5. Comprehensive Land Claims Agreement(s)
This procurement is subject to the Nunavut Land Claims Agreement.

6. Justification for the Pre-Identified Supplier
The pre-identified supplier’s resource was an employee of the former CIRNAC land administration office, with over 20 years of direct land management experience within the northern regulatory regime, specifically with the Territorial Lands Act and its regulations. The pre-identified supplier is considered to be the only supplier uniquely qualified to complete this work and has demonstrated experience in all of the specific minimum essential qualifications.

7. Government Contracts Regulations Exception(s)
The following exception(s) to the Government Contracts Regulations is (are) invoked for this procurement under subsection 6(d), only one person or firm is capable of performing the contract.

8. Exclusions and/or Limited Tendering Reasons
The following exclusion(s) and/or limited tendering reasons are invoked under the:

• Canadian Free Trade Agreement (CFTA) –– Article 513 1.(b)(iii)

• North American Free Trade Agreement (NAFTA) Article(s) 1016 2.(b)

• Canada-Chile Free Trade Agreement – Article Kbis-09 1 (b)
• Canada-Colombia Free Trade Agreement – Article 1409, Paragraph 1 (b) iii
• Canada-Honduras Free Trade Agreement – Article 17.11, 2. (b) (iii)
• Canada-Panama Free Trade Agreement – Article 16.10 (b) (iii)

9. Period of the proposed contract or delivery date

Contract award to March 31, 2020.

10. Cost estimate of the proposed contract
The estimated value of the contract is $117,405.00 (GST/HST extra).

11. Name and address of the pre-identified supplier
MNP LLP
1500. 640-5th Avenue SW
Calgary, AB T2P 3G4

12. 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 advertised requirements.

13. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is February 4, 2020 at 2:00 p.m. PST.

14. Inquiries and submission of statements of capabilities are to be directed to:
Name: Kim Fletcher
Title: Procurement Team Leader
Indigenous Services Canada
Material and Assets Management Directorate
Telephone:604-616-4341
E-mail: kim.fletcher@canada.ca