Legal Counsel Services – Legal Actions and Application (Western Canada & Federal Courts by Lawson-Lundell LLP

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. Description of Requirement

The Canadian Energy Regulator (CER) requires external legal counsel, on an “As and When Required: Task Authorization Contract”, to provide cost-effective legal representation, advice, and support, based on demonstrated expertise or experience with the following: 

• Canadian Energy Regulator Act (CER Act) and related Regulations, together with other legislation that establishes the CER’s mandate, responsibilities and powers

• Federal legislation that the CER applies, including, without limitation, the Impact Assessment Act, Species at Risk Act, Access to Information Act, Canada Labour Code

• Administrative law, aboriginal law, environmental law, energy law, and civil litigation

• CER processes, procedures and policies

• CER regulatory decisions and assessments

• Application of the Federal Court Rules

• Practices and procedures of the Federal Court, Federal Court of Appeal, and Supreme Court of Canada

• Civil litigation in areas relevant to the CER’s mandate and jurisdiction, in provincial courts in Western Canada

  Security Requirement

• Firm requires a CSID -DOS Security Clearance

• Individuals associated with the Work will require a PSPC Reliability Security Clearance

Definition of the requirement 

The objective of this requirement is to secure external legal counsel, capable of responding to ongoing and future requests for legal representation, advice and support (in the areas generally identified in the Background section above), to effectively and efficiently meet organizational needs as identified by a representative of the CER’s legal services unit, who will act as Project Authority (PA). Requests under this proposed contract would be focused on legal matters arising in Western Canada (British Columbia, Alberta, Saskatchewan, Manitoba), or with the Federal Courts. 

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

The service must provide the following tasks:

3.1 Conduct legal research and provide legal opinions on complex matters relevant to the CER’s mandate and jurisdiction.

3.2Provide legal advice directly to the PA, or to the Commission of the CER via the PA, on complex matters, including, without limitation, to:

3.3 Identify potential legal and practical risks, and how to mitigate legal and practical risks identified.

3.4 Review CER policies, processes or guidelines and provide legal advice on improvements, as well as potential legal and practical risks. 

3.5 Review and provide input on legal opinions generated by CER legal counsel on complex matters. 

3.6 Provide legal representation and support for ongoing and future judicial review or appellant applications involving the CER, before the Federal Court, Federal of Appeal, or Supreme Court of Canada.

3.7 Provide legal representation and support for ongoing and future civil litigation matters involving the CER, before relevant provincial lower, superior or appellant courts, or the Supreme Court of Canada. 

3.8 Attend all virtual or in-person meetings requested by the PA.

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)

• Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and

• World Trade Organization – Agreement on Government Procurement (WTO-AGP)

5. Justification for the Pre-Identified Supplier 

Lawson-Lundell LLP has been providing ongoing legal advice and support to the CER on a variety of files, for a number of years. The CER would be required to expend significant time and resources to familiarize new counsel with ongoing matters, and ensure that new counsel could similarly provide efficient and effective legal services, in a timely manner. As such, it would not be in the best of Canada, the CER or its key stakeholders, to secure new counsel at this time.

6. Government Contracts Regulations Exception(s) 

The following exception(s) to the Government Contracts Regulations is invoked for this procurement under Subsection 6(d) – only one person is capable of performing the work.

7. Period of the proposed contract or delivery date 

The proposed initial contract will be for a period of one year from date of Contract award. With four (4) one year option period, to be exercised by CER 30 days prior to the contract’s end date. 

8. Cost estimate of the proposed contract 

The estimated value of the contract, including option, is $500,000.00 (CAD) (including taxes)

9. Name and address of the pre-identified supplier 

Lawson Lundell, LLP

Suite 1100, 225 – 6^th Avenue S.W.

Calgary, Alberta

T2P 1N2

10. Suppliers' right to submit a statement of capabilities 

Suppliers who consider themselves fully capable of providing the 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.

11. Closing date for a submission of a statement of capabilities 

The closing date and time for accepting statements of capabilities is January 5, 2022 at 12:00pm MST.

12. Inquiries and submission of statements of capabilities

Inquiries and statements of capabilities are to be directed to:

Carol A. Hambleton

Senior Procurement Consultant

Canadian Energy Regulator

Suite 210, 517 Tenth Avenue, SW

Calgary, AB T2R 0A8

Email: Carol.Hambleton@cer-rec.gc.ca