Monitoring Services of the Immigration Detention Program

Trade Agreement: NONE
Tendering Procedures: Generally only one firm has been invited to bid
Non-Competitive Procurement Strategy: Government Objectives Representing Best Interests/Value to Govt
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
The Canadian Red Cross Society
400 Cooper Street, Suite 8000
Ottawa Ontario
Canada
K2P2H8
Nature of Requirements: 

TITLE: Monitoring Services of the Immigration Detention Program

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

The CBSA has a requirement for immigration detention monitoring services by an impartial and reputable third party organization to ensure that individuals detained pursuant to the Immigration and Refugee Protection Act  (IRPA) in any Canadian facility, CBSA-operated or otherwise, are held and treated in compliance with applicable detention standards and international instruments to which Canada is signatory. The independent immigration detention monitoring program is critical to supporting the Government of Canada’s commitment to respecting human rights while upholding the rule of law.

The scope of work includes:

-  Conducting at least 60 to a maximum of 65 monitoring visits per year to detention facilities across Canada (i.e. CBSA-operated Immigration Holding Centres, provincial and other detention facilities) where immigration detainees are held to ensure that persons detained pursuant to Section 55 of the IRPA are held and treated in accordance with applicable domestic laws and international standards;
-  Conducting responses to CBSA notification requests for unaccompanied minors and those individuals identified by the IRB as being unable to appreciate the nature of immigration proceedings, for emerging issues or incidents and, in the event of an irregular arrival as designated by the Minister of Public Safety and Emergency Preparedness;
-  Identifying gaps, problems or failures in the detention system that impact the conditions of detention and the treatment of individuals;
-  Providing independent and neutral advice and evidence-based reports to CBSA national and regional management, which are focused on systems and include: site visit reports; regional quarterly reports; national annual reports; and, financial reports, upon request; and,
-  Making evidence-based recommendations, based on findings, to be considered by the CBSA or other detaining authorities where immigration detainees are being held, that would lead to improvements in the overall detention environment for present and future immigration detainees.

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:

3.1  The Contractor must have a minimum of five (5) years of experience, with at least three (3) years of that experience being gained in the last five (5) years, in independently monitoring individuals held in immigration detention, pursuant to the Immigration and Refugee Protection Act (IRPA) across Canada (e.g. CBSA Immigration Holding Centres, provincial and other detention facilities) to ensure that they are being held and treated in compliance with applicable domestic standards and international instruments to which Canada is signatory.

3.2  The contractor must have a minimum of five (5) years of experience, with at least three (3) years of that experience being gained in the last five (5) years, in working with federal, provincial and other levels of government at the working and senior levels.

3.3  The Contractor must have national presence to provide these services across Canada.

3.4  The Contractor must be able to conduct a minimum of 60 to a maximum of 65 monitoring visits per year to the detention facilities across Canada where immigration detainees are being held.

3.5  The Contractor must have a minimum of (5) years of experience, with at least three (3) years of that experience being gained in the last five (5) years, in all of the following:

-  Gathering, assessing, and providing evidence-based reporting on findings of monitoring visits on the treatment of immigration detainees and conditions of immigration detention in a neutral, impartial manner and with respect to the human rights, dignity and protection of persons being detained for immigration purposes.
-  Assessing immigration detention practices against domestic and international human rights standards and identifying gaps, problems or failures in the immigration detention system that impact the conditions of detention and the treatment of individuals held pursuant to the IRPA.
-  Reporting findings of monitoring visits and developing recommendations to improve the immigration detention environment for present and future immigration detainees.
-  Presenting findings of monitoring visits and reports of immigration detainees held across Canada (i.e. CBSA Immigration Holding Centres, provincial or other detention facilities) to CBSA national and regional management.
-  Developing and providing the following reports: site visit reports after each monitoring visit addressing operational issues to be addressed within facilities; quarterly and national annual reports; and, financial reports as required.

3.6  The Contractor must have in place quality assurance tools and procedures for staff, contracted employees and volunteers delivering the services to ensure that consistent quality of services is being provided across Canada and that the privacy of detainees is protected.

3.7.  The Contractor must have a minimum of five (5) years of experience, with at least three (3) years of that experience being gained in the last five (5) years, working in partnership with other NGOs, intergovernmental organizations and federal government departments in providing services for the protection of the most vulnerable persons worldwide (e.g. integration/resettlement services to refugees and other in need of humanitarian protection in Canada; emergency, disaster relief, health services to those in a crisis situations, etc.)

3.8  The services must be provided in both English and French.

4. Trade Agreements 

This requirement is not subject to Trade Agreements.

5.  Justification for the Pre-Identified Supplier

CBSA has determined that the Canadian Red Cross Society is the only source capable of successfully performing the work on a national scale as they possess the mandate, expertise, experience and network required to carry out monitoring services of CBSA’s immigration detention program across the country.

6.  Government Contracts Regulations Exception

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


7.  Period of the proposed contract

The proposed contract is for a period of three (3) years, from Date of Contract Award with an option to extend the contract for two (2) one year periods.

8.  Cost estimate of the proposed contract

The estimated value of the proposed contract, is $2,552,632.68 (applicable taxes extra).

9.  Name and address of the pre-identified supplier

The Canadian Red Cross Society: 400 Cooper Street, Ottawa, ON.

10. 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.

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

The closing date and time for accepting statements of capabilities is December 29, 2020 at 14:00 hrs EST.

12. Inquiries and statements of capabilities are to be directed to:

Name: Tase Grozdanovski
Telephone: (647) 926-3756
E-mail: tase.grozdanovski@pwgsc-tpsgc.gc.ca

Delivery Date: Above-mentioned

You are hereby notified that the government intends to negotiate with one firm only as identified above. Should you have any questions concerning this requirement, contact the contracting officer identified above.

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.

Suppliers who consider themselves fully qualified and available to provide the services/goods described herein, 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 PWGSC file number, the contracting officer's name and the closing date of the ACAN must appear on the outside of the envelope in block letters or, in the case of a facsimile transmission, on the covering page.

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

Documents may be submitted in either official language of Canada.