Request for Proposal Legal Services

Transcription

1 Request for Proposal Legal Services Issued: Thursday April 10 th, 2014 Submission Deadline: Monday May 12 th, 2014 Request for Proposal #:

2 Intent to Submit Form Curve Lake First Nation Legal Services Request for Proposal Proponent Name Address City Province Postal Code Telephone Fax Name of Contact Person Name of signing authority for Proponent Signature Date

3 Government Services Building Phone: Winookeeda Street Fax: Curve Lake, Ontario K0L1R0 Request for Proposal Legal Services Introduction: Curve Lake First Nation is undertaking a Request for Proposals (RFP) from qualified law firms, eligible to practice law in the Province of Ontario, to provide legal services and advice to Chief and Council and General Manager. Curve Lake First Nation ( CLFN ) is seeking proposals from firms that are sensitive and responsive to the unique circumstances and identity of the community. A proud community honoring its past, celebrating its present and making strides for the future. The Proposal must demonstrate the level of expertise to provide substantive advice to CLFN in the following areas of law: 1. Aboriginal Law Knowledge and experience related to litigation, negotiation, legal strategy and implementation of Anishinaabe constitutional rights, including: Aboriginal and treaty rights and title; Comprehensive and specific claims; Consultation and accommodation; Understanding of Indigenous governance, legal and territorial systems; and The Indian Act and by-law making powers including residency and membership codes. 2. Environmental Law Knowledge and experience related to environmental law generally and specifically with respect to provincial and federal regulatory systems in an Anishinaabe context. 3. Legislative Initiatives Providing overall support, compliance and understanding of existing and new federal legislation affecting CLFN including in the following areas: Matrimonial and Real Property (Family Homes on Reserve and Matrimonial Interests or Rights Act) Human Rights (Canadian Human Rights Act) Elections (First Nations Elections Act, Bill C-9 Education (proposed First Nations Control of First Nations Education Act

4 4. Process and register On-Reserve Land Transactions Provide advice, direction, negotiation and conduct of land transactions including: Property sales, acquisitions Mortgage filing Additions To Reserve 5. Contract Law: Provide legal strategies, options and approaches related to business opportunities and economic development initiatives including: Resource development; Contracts and agreements Procurement Goods and services 1.0 REQUEST FOR PROPOSAL PROCESS (RFP) AND PROCEDURES FOR EVALUATION: This RFP will contain rating criteria and mandatory requirements. Proposals not meeting all mandatory requirements will be rejected for that reason without further consideration. The deadline for submission of the proposals is 2:00pm Monday May 12, Questions regarding the RFP process and requirements may be submitted by to Brian Hamilton, G Curve Lake First Nation, on or before 4:30 pm Monday May 5, Evaluation Committee: The proposals will be evaluated by an Evaluation Committee comprised of CLFN Chief and representatives of Council, General Manager and select community members. The evaluation will employ the rating criteria provided herein to determine short list of proposals. Proposals that do not qualify for the short list will receive no further consideration, and no duty shall exist to advise applicants the reasons for which their proposals did not qualify for the short list. Those applicants selected for the short list may be required to deliver a presentation to the Evaluation Committee or to Chief and Council. Qualifying proposals must meet all mandatory requirements set out in this RFP and contain the required content specified. The Evaluation Committee will disqualify and reject those proposals that do not specifically address such mandatory requirements, or contain all required content, or that are judged not to sufficiently demonstrate an understanding of the requirements of this RFP and the rating set forth therein. 1.2 Overriding Principles: CLFN reserves the right to reject any and all proposals at its discretion, to select a proposal that may not necessarily represent the lowest cost in any given scenario, and to refuse any proposal that does not meet the information or timing requirement of this RFP. The evaluation ranking of any proposal shall be determined solely at CLFN s discretion and shall not be questioned, appealed or reviewed in any manner.

5 1.3 Negotiation Delay: If a mutually acceptable retainer agreement cannot be negotiated with the most highly rated, qualifying applicant within thirty (30) days, CLFN may at its sole discretion exercise at any time thereafter, terminate negotiations with that applicant for that reason. CLFN may then negotiate with successive applicants in the order of evaluation ranking. Where no qualifying proposals are received in the judgment of the Evaluation Committee, CLFN shall be free to seek to negotiate a retainer arrangement with any law firm judged to have the legal and financial capability to provide the required services. 2.0 RATING CRITERIA: 2.1 Selection Criteria: Proposals should clearly identify how your firm will meet each of the following rating or selection criteria: Resources and Expertise The proposal must indicate how the required human resources and legal expertise will be identified within the firm. Clear evidence of the availability of such resources and legal expertise shall be one of the primary selection criteria Key Individuals Each proposal should identify the lawyer or lawyers within the firm who will be responsible for providing legal advice and support to CLFN. A curriculum vitae or personal profile must be provided for the lawyer or lawyers identified, outlining their relevant background and expertise Fee structure The proposed fee structure and the proposed method of payment and interest accrual will also be one of the primary criteria for evaluation Accessibility It is anticipated that proposals will be received from national firms who have an office and legal representative within a 400 kilometer radius from CLFN. It is expected that the use of video-conferencing and tele-conferencing technology as part of the firm and client interaction can be demonstrated as part of the evaluation criteria. Applicants may include any additional submissions or documentation related to the proposal that may enhance or clarify the lawyer s or firm s qualifications. 4.0 MANDATORY REQUIRMENTS: 4.1 Mandatory Requirements: The following mandatory requirements will be considered as part of the evaluating criteria: A) A signed statement confirming that the applicant is free from any conflicts of interest; B) A listing of lawyers who would form part of the advising team, including curriculum vitae or personal profiles;

6 C) Demonstrate sufficient expertise in the areas of law identified to conduct legal advice and support D) A financial structure associated with the provision of legal advice; E) Late proposals will be not considered and will be returned unopened; and F) Amendments to proposals after submission will not be permitted. 4.2 Applicant Expenses: Applicants are solely responsible for their own expenses in preparing, delivering or submitting a proposal, and for all expenses subsequently incurred in the course of seeking to negotiate a retainer, regardless of the outcome of any such proposal or negotiation, or of the reasons for such outcome Ownership of Proposals: All documents submitted to CLFN as a result of this RFP become the property of CLFN. 4.4 Confidentiality of Proposals: Proposals will be circulated only to the members of the Evaluation Committee and CLFN will make all reasonable efforts to keep confidential any personal and financial information identified in the proposal. 4.5 No Obligation: CLFN is under no obligation under any circumstances, to accept or respond to any proposal or to any part thereof, or to negotiate with any applicant. Without limiting the foregoing, CLFN is not bound to accept the lowest priced or any proposal based on any method of evaluation, or to negotiate with the applicant who submitted the same. CLFN will not be obliged in any manner to any applicant whosoever unless and until a written contract has been duly executed with an applicant in relation to a qualifying proposal. 4.6 Confidentiality of Negotiations: All negotiations conducted by CLFN with any applicant or with any agent or representative thereof shall be subject to solicitor and client privilege and shall remain confidential, even where no retainer agreement is achieved as a result of such negotiations. 4.7 Withdrawal: An applicant may withdraw its proposal at any time by delivery of a signed written notice to CLFN. 4.8 Closing Date: Each proposal must be received in a sealed envelope clearly marked Proposals for Legal Services containing three signed copies by Monday May 12 th, 2014 at 2:00 pm EST, on or before the deadline of submission of proposals. Curve Lake First Nation Government Services Office Curve Lake First Nation K0L 1R0 ATTENTION: Brian Hamilton, General Manager, Curve Lake First Nation