An advanced contract award notice (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 and time stated in the ACAN, the contracting officer may then proceed with the award to the pre-identified supplier.

1. Definition of the requirement:

The Correctional Service of Canada (CSC) has a requirement to deliver post-sentence victim-offender mediation services to address serious crime. The Contractor must provide services to victims who are living in British Columbia (BC) and the Northern Territories, to offenders who are incarcerated or on conditional release in this area, as well as in cross-regional cases involving said area.

1.1 Objectives:

The services the Contractor must provide include, but are not limited to, the following;

a) Provide two mediators to address all referrals requesting victim-offender mediation services involving the participation of offenders under CSC jurisdiction. The Contractor must provide qualified professional victim-offender mediator/facilitator resource(s) to supply approximately 1320 hours of victim-offender meditation services in order to meet the following requirements:

i.) Provide a minimum of two resources designated for a combined minimum of 20 and a maximum of 100 hours per week to provide the required services as described in the statement of work.

ii.)Provide expertise on the Victim-Offender Mediation Program (VOMP) process model and consultation services regarding victim-offender mediation processes addressing serious crime to CSC and all the Restorative Opportunities program mediators on and as when requested basis.

iii.) Provide the level of expertise and mediation skills expected to complete Victim-Offender Mediation processes, based on the VOMP process model, that include and are not limited to: letter exchanges, video exchanges, shuttle mediation, community conferencing, healing circles, and face-to-face meetings.

1.2 Tasks:

The Contractor must complete the following tasks which include, but are not limited to;

a) Receiving all case referrals for victim-offender mediation services through CSC’s Restorative Justice Division, National Headquarters (NHQ). The Contractor must forward all case referrals received by CSC staff and contracted service providers working at the institutional and community level, direct contact from victims, victim serving agencies, Parole Board Canada staff, and related referrals to the Restorative Justice Division at NHQ.

b) Assessing all case referrals in order to determine their appropriateness for Victim-Offender Mediation services. In cases deemed appropriate, the Contractor must prepare all participants for a victim-offender mediation process as determined by participant needs and based on the VOMP process model.

c) Updating the Restorative Justice Module in OMS on a weekly basis. This includes all activities and new information related to all of the Contractor’s victim-offender mediation files.

1.3 Expected results:

The Contractor must prepare, assess, and deliver post-sentence victim-offender mediation services to address serious crime with voluntary victim and offender participants living in BC and the Northern Territories, as well as in cross-regional cases involving said area. Victims will have an opportunity to tell the offender about the crime’s physical, emotional and financial impact on their lives, receive answers to lingering questions about the crime and the offender, and participate directly in developing options to address the participant’s needs and the harms caused by the crime(s). The offender will have an opportunity to provide information, be held accountable, and to develop reparative plans and gain insight for personal growth. 

The Contractor must share information about the program and services provided and offer victim-offender mediation services through the Restorative Opportunities (RO) program. The purpose of CSC’s RO program is to assist people affected by serious crime by:

a) Empowering them to address issues and concerns surrounding the crime and its consequences;

b) Providing the parties with a process which can lead to new insight, thereby reducing levels of anxiety; and

c) Addressing questions and concerns regarding the offender’s eventual release into the community.

1.4 Performance standards:

The Contractor must complete all tasks and deliverables identified in section 1.5 Deliverables; as per CD 785 Restorative Opportunities and Victim-Offender Mediation Services, as well as related protocols.

1.5 Deliverables:

1.5.1 The Contractor must provide the following deliverables to the Project Authority (PA):

a) Accept all referrals deemed appropriate and work on at least 25 new referred cases per year as well as continue to work, when required, on all active cases from previous years.

b) Enter weekly updated versions of case file activities in the Restorative Justice Module in the Offender Management System (OMS). This includes all activities and new information related to the contractor’s victim-offender mediation files.

c) Submit one victim-offender mediation case study annually using the PA template and consent forms.

Deliverable Format

1. All deliverable documents must be completed and provided to the PA using Microsoft Office products;
2. The contractor must provide one (1) soft copy of all deliverables to the PA;
3. All deliverables must be provided in English, CSC will be responsible for translation; and
4. Ongoing updates to the OMS RJ module must be as detailed in the RJ module user guide.

1.5.2 Paper consumption:

a. Should printed material be required, double-sided printing in black and white format is the default unless otherwise specified by the Project Authority.

b. The Contractor must ensure printed material is on paper with a minimum recycled content of 30% and/or certified as originating from a sustainably managed forest.

c. The Contractor must recycle unneeded printed documents (in accordance with Security Requirements).

1.6 Constraints:

1.6.1 Location of work:

a. The majority of the work will be carried out in BC, Northern Territories, and other Canadian provinces in relation to cross-regional cases.

 b. Travel

 Travel to the following locations will be required for performance of the work under this contract:

Correctional Service Canada sites across Canada; Correctional Service Canada National or Regional Headquarters; and victims’ and offenders’ place of residence as required.

1.6.2 Language of Work:

The contractor must perform all work in English.

1.6.3 Security Requirements:

This contract includes the following security requirements:

SECURITY REQUIREMENT FOR CANADIAN SUPPLIER: 

PWGSC FILE No. 21120-21-3542373

1. The Contractor/Offeror must, at all times during the performance of the Contract, hold a valid Designated Organization Screening (DOS), with Document Safeguarding at the level of PROTECTED B, issued by the Contract Security Program (CSP), Public Works and Government Services Canada (PWGSC).

2. The Contractor/Offeror personnel requiring access to PROTECTED information, assets or sensitive site(s) must EACH hold a valid RELIABILITY STATUS, granted or approved by the CSP, PWGSC.

3. Processing of PROTECTED materiel electronically at the Contractor/Offeror's site is NOT permitted under this Contract/Standing Offer.

4. Subcontracts which contain security requirements are NOT to be awarded without the prior written permission of the CSP, PWGSC.

5. The Contractor/Offeror must comply with the provisions of the:

 (a) Security Requirements Check List and security guide (if applicable), attached at Annex C;

 (b) Industrial Security Manual (Latest Edition).

2. 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:

• Must have at minimum ten years of experience in delivering victim-offender mediation (VOM) services to victims and offenders addressing offences subject to Federal sentencing. The experience must have been acquired within the last twelve years prior to the closing date of the ACAN.

• Must have at minimum ten years of experience developing a victim-offender mediation program process model addressing offences subject to Federal sentencing. The experience must have been acquired within the last twelve years prior to the closing date of the ACAN.

• Must have at minimum ten years of experience consulting and providing expertise to government departments and restorative justice practitioners regarding victim-offender mediation addressing offences subject to Federal sentencing. The experience must have been acquired within the last 12 years prior to the closing date of the ACAN.

• Must have at minimum seven years of experience working with Canadian Aboriginal culture and/or healing traditions specific to the Pacific Region and Northern Territories; and liaising with Aboriginal Elders and communities specific to the Pacific Region and Northern Territories. The experience must have been acquired within the last twelve years prior to the closing date of the ACAN.

• Must have at minimum ten years of experience in the delivery of all of the following:

1. Restorative justice and related processes;

2. Trauma treatment/recovery;

3. Facilitation of traditional Aboriginal processes within First Nations communities.

The experience must have been acquired within the last twelve years prior to award of ACAN.

• Must have at minimum two years of experience working with offenders within federal correctional settings. The experience must have been acquired within the last twelve years prior to award of ACAN.

• Must provide two qualified, experienced, full time equivalent mediators/facilitators, each with a minimum four years of experience in delivering victim-offender mediation services to victims and offenders addressing offences subject to Federal sentencing. The experience must have been acquired within the last ten years prior to the closing date of the ACAN.

• Must demonstrate that at least one of the mediators/facilitators has a minimum eight years of experience in developing and implementing a victim-offender mediation program process model addressing offences subject to Federal sentencing. The experience must have been acquired within the last fifteen years prior to the closing date of the ACAN.

• Must demonstrate that the two mediators/facilitators have a minimum of eight years of experience in restorative justice and related processes, victimology, and dealing with trauma and trauma treatment /recovery. The experience must have been acquired within the last fifteen years prior to the closing date of the ACAN.

• Must demonstrate that each of the two mediators/facilitators are registered either as a clinical counselor, a psychologist or have a degree from a recognized university with specialization related to clinical counselling or psychology.

3. Applicability of the trade agreement(s) to the procurement

This procurement is subject to the following trade agreement(s):

Canada Chile Free Trade Agreement (CCFTA);

Canadian Free Trade Agreement (CFTA).

The procedural requirements of the other international trade agreements will be fulfilled following compliance to the procedural requirements of CFTA, and CCFTA..

4. Set-aside under the Procurement Strategy for Aboriginal Business

This procurement is not subject to any set-asides for Aboriginal Suppliers.

5. Comprehensive Land Claims Agreement (s)

This procurement is not subject to a Comprehensive Land Claims Agreement.

6. Justification for the Pre-Identified Supplier

Fraser Region Community Justice Initiatives (CJI) is the only organization that has the specialized experience to provide VOM in cases of serious crime Organizations and practitioners providing VOM must be aware of the complexities involved in providing these services, including how to constructively work with people who have experienced serious trauma. Participation in a VOM process can present risk to participants and CSC if not executed correctly. To date, CSC is not aware of any other organization that can deliver VOM in cases of serious crime (for Federal offences) at the same level of expertise as CJI using the VOMP process model developed by CJI.

CJI is also the only organization that delivers VOM as per the protocols approved by the Executive Director of CJI, who created these protocols; therefore, not only is the expertise at CJI specific and specialised, the Executive Director’s knowledge about VOM is a great asset to CSC. Additionally, through previous processes, CJI has proven to be the only organization that has:

• Provided VOM services at the federal level for more than 10 years.
• Experience developing a VOM program process model for the federal level for a minimum of 10 years.
• Provided consultation and expertise to federal government departments for over 10 years.
• Developed and maintained strong relationships with various stakeholders, including Aboriginal communities, CSC staff in the community and institutions, and victim-serving agencies.
• Provided mediators that have in-depth knowledge of trauma treatment/recovery, restorative justice processes and models, and facilitation of Aboriginal processes in Aboriginal communities.

The pre-identified supplier meets all of the minimum essential requirements described in this ACAN.

7. Government Contracts Regulations Exception(s)

The following exception to the Government Contracts Regulations is invoked for this procurement under subsection:

(d) only one person 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 section of the trade agreement(s) specified:

Canada Chile Free Trade Agreement (CCFTA) Article Kbis-09:

b. where, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, or proprietary information or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists;

Canadian Free Trade Agreement (CFTA), Article 513

(b) if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

(i) the requirement is for a work of art;

(ii) the protection of patents, copyrights, or other exclusive rights;

(iii) due to an absence of competition for technical reasons;

(iv) the supply of goods or services is controlled by a supplier that is a statutory monopoly;

(v) to ensure compatibility with existing goods, or to maintain specialized goods that must be maintained by the manufacturer of those goods or its representative;

(vi) work is to be performed on property by a contractor according to provisions of a warranty or guarantee held in respect of the property or the original work;

(vii) work is to be performed on a leased building or related property, or portions thereof, that may be performed only by the lessor; or

(viii) the procurement is for subscriptions to newspapers, magazines, or other periodicals;

9. Ownership of Intellectual Property

There are no intellectual property terms in the contract.

10. Period of the proposed contract or delivery date

The proposed contract is for a period of 1 year, from April 01/2021 to March 31/2022 with an option to extend the contract for five (5) additional one (1) year periods.

11. Cost estimate of the proposed contract

The estimated value of the contract, including option(s), is $ 941,516.69 (GST/HST extra).

12. Name and address of the pre-identified supplier

Name: Fraser Region Community Justice Initiatives Association

Address: 20678 Eastleigh Crescent Apt #101

Langley, British Columbia V3A 4C4

13. 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 and time of this notice. The statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.

14. Closing date and time for a submission of a statement of capabilities

The closing date and time for accepting statements of capabilities is February 04 at 2:00 PM EST.

15. Inquiries and submission of statement of capabilities

Inquiries and statement of capabilities are to be directed to:

Nadine Pike, Senior Procurement Office

E-mail: [email protected]