Advance Contract Award Notice (ACAN)
The demographic impacts of the Indigenous and Northern Affairs Canada’s proposed changes to Indian registration provisions under section 6 of the Indian Act in response to the Descheneaux decision, and an update on the categories of rules relating to community membership laws
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 Department of Indigenous and Northern Affairs Canada (INAC), through the Office of the Indian Registrar, is responsible for the registration of eligible individuals as Indians pursuant to the
Indian Act , as well as the execution of statutory requirements relating to Band membership under section 10 and 11 of the
Indian Act . The result of these activities establishes the target population for a range of programs provided by INAC and a variety of other federal government departments and agencies as well as by provincial entities.
As part of the execution of these responsibilities, INAC is required to prepare demographic projections in respect of the registered Indian population in order to analyze the program and service impacts and conduct short and longer-term planning relating to policies, programs and services for registered Indians and members of Indian Bands. The last series of demographic projections were conducted as part of the 2011 legislative amendments to Indian registration pursuant to the
Indian Act
under of the
Gender Equity in Indian Registration Act
(Bill C-3). Given the recent Decheneaux decision and other potential litigation related to Indian Status, previous research must be updated to support decision making within government.
The work will involve the following:
a) Analysis of the implications on the status Indian population of:
The Government of Canada’s response to the Decheneaux decision.
Further changes proposed to address additional areas of perceived discrimination including, but not exclusively:
Siblings issue
Cousins issue
Children who enfranchised with their mother as a result of her marriage to a non-Indian
Children who were omitted due to non-Indian paternity being declared.
Develop a detailed report on demographic projection models, methodology and “how to” guide (spreadsheet navigation), building on previous work for consistency of approach.
b) Short and long-term demographic projections on the number of individuals that will become eligible for Indian registration based on options under development in response a range of current and potential judicial decisions.
Construct demographic projection models for the population that will become newly entitled to Indian registration.
Conduct demographic projections based on proposed options for legislative amendments.
c) Update of research previously carried out by Four Directions Project Consulting relating to the impact of any changes to Indian Status provisions to inform engagement with First Nations and other Indigenous groups following the passage of legislative amendments:
Develop/update methodology for determining the impacts on First Nation governments of the proposed changes.
Update previous research on the variety of mechanisms that First Nations governments have used in the past to manage the influx of new eligible citizens.
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:
Experience
The supplier must have at least 10 years of experience with socio-economic and demographic research, analysis and statistical software with a particular specialization with Aboriginal, northern and non-Aboriginal populations in Canada.
The supplier must have at least 10 years of experience with the development of demographic projection models, construction of projection components with particular specialization with Aboriginal, northern and non-Aboriginal populations in Canada.
The supplier must have extensive experience in developing studies, disseminating and publishing research in the areas of Aboriginal migration, mortality, fertility and parenting patterns as well as legislative and service impacts to Aboriginal population change.
The supplier must be a recognized expert in the field of statistics or demographics within Canada and internationally as demonstrated though a portfolio of published works and advisory board memberships.
Knowledge and understanding of:
science research theories, methodologies, principles, concepts and practices, as would normally be acquired through completion of a university level degree in demographics, economics, sociology, statistics or other fields of relevance to the work with specialized training in applied research.
knowledge and application of a variety of research methodologies and analytical techniques, including quantitative research and analysis, statistical analysis, demographic and environmental analysis, to design research studies, methodologies and techniques to analyze socio-economic trends, develop models (various scenarios) and assess the potential implications and outcomes of a range of policy options.
knowledge of INAC’s mandate, policies and programs, enabling legislation, including the
Indian Act , the
Fiscal and Statistical Management Act , the
Statistics Act
and the
Access to Information and Privacy Acts .
Academic qualifications
The supplier must have completion of a university graduate level degree in demographics, economics, sociology, statistics or other fields of relevance to the work with specialized training in applied research.
Professional designation, accreditation, and/or certification
N/A
4. Applicability of the trade agreement(s) to the procurement.
This procurement is subject to the following trade agreement(s)
Agreement on Internal Trade (AIT)
North American Free Trade Agreement (NAFTA)
5. Justification for the Pre-Identified Supplier
The pre-identified supplier has been actively involved in socioeconomic research, information systems development and program evaluation for the past 30 years. He was educated at the University of Western Ontario and Queen's University (Kingston) receiving bachelors and Master’s degrees in urban economic geography. Subsequently, he completed graduate training in the fields of advanced statistical analysis, information systems and social research methodology.
From 1982-1991, the pre-identified supplier provided contract management consulting services to the Winnipeg Core Area Agreement. In this regard, he was responsible for designing and implementing more than $1.4 million of evaluation and research-related activities, spanning 20 program areas.
The pre-identified supplier has been active in Aboriginal research for more than 20 years. He has completed numerous studies on Aboriginal demography and migration, population, membership and student enrollment projections, and socioeconomic, housing and employment conditions. Through this research, he has gained a national reputation as a leading scholar of Canadian Aboriginal socioeconomic and demographic circumstances.
The pre-identified supplier has undertaken First Nations population and membership projections at the national and provincial levels, as well as for several First Nations in support of the development of federal transfer agreements and other self-governance arrangements.
The pre-identified supplier has served as a consultant to the Assembly of First Nations and the Manitoba Southern Chiefs Organization concerning the long-term population implications of Section 6 of the 1985
Indian Act
(Bill C-31) and First Nations membership rules. Mr. Clatworthy has also prepared projections for the non-registered Indian and Métis populations for the Privy Council Office.
The pre-identified supplier has produced several major research studies of Aboriginal socioeconomic and demographic conditions. These include a study of the migration patterns of Aboriginal peoples conducted for the Royal Commission on Aboriginal Peoples and Canada Mortgage and Housing Corporation, an analysis of Aboriginal labour market circumstances for the Royal Commission on Aboriginal Peoples, an analysis of the implications of First Nations demography change for Indian Affairs, and a profile of the circumstances of Aboriginal youth for the Aboriginal Relations Office of Human Resources Development Canada.
The pre-identified supplier also has considerable experience in the design and development of program monitoring and management information systems. In this regard, he has designed program monitoring and management information systems for a wide range of clients including the Winnipeg Core Area Agreement, Workers Compensation Board of Manitoba, and several social service organizations (Aboriginal and non-Aboriginal). In all cases, these systems were designed to support the client's needs for on-going activity and outcome monitoring, as well as the client's longer term research and/or evaluation initiatives.
During 2008-2013, the pre-identified supplier prepared and expert report estimating the immediate (i.e. sort-term) and long-term impacts on the populations entitled the Indian registration associated with specific hypothetical changed to rules governing Indian registration. He is very familiar with the issues, and has completed similar work for the department in the past (i.e. demographic projections relating to the McIvor decision, which led to the Bill C-3 legislative amendments.
In
Descheneaux et als. V. Canada
the plaintiffs alleged that section 6 of the
Indian Act , which pertains to Indian registration, is unconstitutional as it contravenes to the right of equality recognizes and protected by the Charter of rights and freedoms. They alleged that section 6 of the
Indian Act
discriminates against Indian women and their descendants and perpetuates a difference in the manner that the former are treated as compared to Indian men and their descendants. They seek a declaration that section 6 of the
Indian Act
is unconstitutional and reparation that would see the
Act
amended in such a way that would allow the individuals, upon which this
Act
discriminates, to be entitled to registration. The pre-identified supplier was the recognized expert for all parties on the Descheneaux and Yantha litigations.
6. Government Contracts Regulations Exception(s)
The following exception to the
Government Contracts Regulations
is invoked for this procurement under subsection
a)
subsection 6(d)
- "only one person is capable of performing the work" .
7. Exclusions and /or Limited Tendering Reasons
The following exclusion(s) and/or limited tendering reasons are invoked:
Agreement on Internal Trade (AIT) – Article 506 Paragraph12 (b),
where there is an absence of competition for technical reasons and the goods or services can be supplied only by a particular supplier and no 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.
8. OWNERSHIPS OF INTELLECTUAL PROPERTY
The Department of Indigenous Affairs and Northern Development has determined that any intellectual property arising from the performance of the work under the contract will vest in Canada for the following reason: statutes, regulations or prior obligations of Canada to a third party or parties preclude Contractor ownership of the Intellectual Property.
9. PERIOD OF PROPOSED CONTRACT
The contract period will be from award date to March 31, 2018, on an “as and when required” by means of Task Authorization.
10. Cost estimate of the proposed contract
The estimated value of the contract is not to exceed $200,000.00 (travel and taxes included.
11. Name and address of the pre-identified supplier
Stewart Clatworthy
Four Directions Project Consulting
503 Ash Street Winnipeg, Manitoba R3N 0R1
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
August 19, 2016 at 10:00 a.m. EDT .
14. Inquiries and statements of capabilities are to be directed to:
Suzanne Gauthier
A/Senior Procurement Officer
10 Wellington Street,
Gatineau, QC K1A 0H4
Telephone: 819-994-7292 Facsimile: 819-953-7721 E-mail: Suzanne.Gauthier@aandc-aadnc.gc.ca
