REQUEST FOR PROPOSALS
Law Template Creation Services
SUMMARY OF WORK
B’Maakonigan is seeking a qualified lawyer to assist our organization in developing comprehensive templates for creating certain laws. As part of the Anishinabek Nation Governance Agreement, First Nations who are partied to the Agreement, will be developing laws on the following areas:
Citizenship;
Elections;
Management and Operations; and
Culture and Language.
To learn more about B’Maakonigan, please visit our website at https://www.governancevote.ca
CORPORATE OVERVIEW
The Anishinabek Nation Governance Agreement Act (ANGA) is a landmark piece of legislation that has significant implications for First Nations governance. The ANGA is designed to give First Nations greater control over their affairs and to enhance the self-determination of the Anishinabek Nation. The ANGA recognizes the inherent right to self-government and establishes mechanisms for the transfer of certain powers, duties, and functions from the federal government to the First Nation parties to the ANGA.
The First Nations established B’Maakonigan (Anishinabek Nation Government), to be its central governing body. Its mission is to assist First Nations in law and governance initiatives across the four areas set out above and defined in the Agreement (ANGA).
B’Maakonigan serves as the administrative body responsible for overseeing the implementation of the governance agreement. Its primary role is to coordinate and facilitate the implementation process, ensuring that the provisions of the Agreement are carried out effectively. This involves working closely with the First Nations involved, as well as engaging with various stakeholders and government.
PROJECT BACKGROUND
Objective:
The primary objective of this Request for Proposal (RFP) is to identify a lawyer with expertise in legislative drafting and legal research who can collaborate with our First Nations and develop comprehensive law templates. The templates should be amendable to First Nations.
The role in drafting law development templates for First Nations self-governance is to ensure that the legal framework is comprehensive, accurate, and aligned with existing legislation and constitutional rights. Expertise in interpreting, drafting, and ensuring legal documents meet relevant legal standards, is necessary for the development of law templates. Additionally, providing guidance on potential legal challenges or implications that may arise from the proposed law, ensuring that it is sound and robust is another responsibility. It is important to ensure that the law development templates reflect the aspirations and rights of self-governing First Nations while also adhering to legal requirements.
STATEMENT OF WORK
Scope of Work:
The lawyer will be responsible for the following tasks:
Conducting in-depth research: The lawyer will conduct comprehensive research to identify key elements that must be considered when creating the law templates. This research will involve reviewing existing legislation, legal frameworks, and best practices from relevant jurisdictions.
Developing standardized law templates: Based on the research findings, the lawyer will work closely with B’Maakonigan to create a well-structured, user-friendly template for each of the four law making areas that incorporates essential components, such as sections, articles, clauses, and provisions.
Ensuring legal compliance: The lawyer will review and ensure that the templates comply with the relevant laws, regulations, and constitutional principles of the target jurisdictions including First Nations’ principles, norms and capacity. More importantly, the law templates are reflective of the existing laws of the participating Anishinabek First Nations. Additionally, they will consider human rights standards, where applicable.
Drafting accompanying guidelines and notes: Alongside each template, the lawyer will provide guidelines and explanatory notes to assist First Nations in understanding and effectively utilizing the templates. These guidelines should provide clear instructions and examples to facilitate the drafting process.
Collaborating with stakeholders: The lawyer will work closely with our First Nations, legislative experts, and relevant stakeholders to gather inputs, address concerns, and incorporate suggestions during the development of the templates.
DELIVERABLES
The lawyer will be expected to provide the following deliverables:
Comprehensive law templates that can be customized for the First Nations Partied to the ANGA, and different jurisdictions and legal systems.
Accompanying guidelines and explanatory notes to assist lawmakers in utilizing the templates effectively.
PROPOSAL RESPONSE GUIDELINES
Interested lawyers are requested to submit the following information as part of their proposal and to ensure your proposal is considered for evaluation:
Cover Letter: A letter expressing your interest in working on this project that also includes:
Dated and signed by a person authorized to negotiate and make commitments, and provide clarification with respect to the proposal on behalf of the bidding proponent or firm;
A statement indicating the proponents understanding of the proposed project and the deliverables required;
Reference the title of the RFP;
Indicate the capacity of the proponent to complete the project; and
The name of a single point of contact from your company.
Experience: A summary of your relevant experience in legislative drafting, including any noteworthy accomplishments or projects.
Proposed Project Plan: An outline of your proposed approach for developing the law templates, including research methodologies and expected timelines. It must include:
A proposed project plan with timelines that indicate the steps to be taken from the start of the contract to the final deliverable.
Team Composition: Details of the key team members who will be involved in this project, highlighting their qualifications and expertise.
Cost and Charges: A detailed breakdown of your fee structure, including hourly rates, estimated hours, and any additional costs.
INQUIRIES
All inquiries about this request for proposals should be directed to:
Leslie McGregor, Chief Executive Officer, B’Maakonigan
leslie.mcgregor@anishinabek.ca
Telephone – (705) 988-5459
SUBMISSION PROCEDURE
Timeline:
Please note the important dates related to this RFP:
Proposal Submission Deadline: December 1, 2023
Evaluation Period: December 4 to December 18, 2023
Selection/Notification: January 12, 2024
Project start date: January 22, 2024
Confidentiality: All information provided by our organization within the proposal process shall be treated as confidential.
REQUEST FOR PROPOSALS PROCESS
Upon closing, proposals will be reviewed for completeness. Only completed proposals will be brought forward to the selection committee for further consideration and a final decision.
SELECTION OF SUCCESSFUL PROPONENT
B’Maakonigan reserves the right to reject any or all proposals and to accept the proposal deemed most favorable to the interests of B’Maakonigan and its member First Nations.
B’Maakonigan reserves the right to seek clarification and supplementary information from proponents after the submission deadline.
Proponents will be notified in writing once a selection has been made.
Evaluation Criteria:
The evaluation of the proposals will be based on the following criteria:
Expertise and Experience in Legislative Drafting
Proposal response guidelines
Methodology and Approach
Team Composition, Qualifications and Expertise
Cost Effectiveness
Qualified and insured with a law society of a jurisdiction in Canada
Overall Proposal Quality
CONTRACT NEGOTIATION
B’Maakonigan, at any time, and without liability, may withdraw from negotiations with any potential proponent.
TERMS AND CONDITIONS
B’Maakonigan will not be responsible for any costs incurred by a proponent in preparing and submitting proposals. B’Maakonigan accepts no liability of any kind to a proponent prior to the signing of a contract.
Submissions of a proposal shall not obligate, nor should it be construed as obligating B’Maakonigan, to accept any such proposal, or to proceed further with the project. B’Maakonigan may, in their sole discretion, elect not to proceed with the project, and may elect not to accept any, or all proposals for any reason.
A proponent may amend or withdraw their proposal prior to the closing date and time specified in the request for proposals by way of written notice to B’Maakonigan.
Proposals submitted shall be final and may not be altered after the closing date by subsequent offerings, discussions, or commitments, unless the proponent is requested to do so by B’Maakonigan.
The proponent must identify any information in its proposal that it considers to be confidential or proprietary.
All proposals and accompanying documentation received under this competition will become the property of B’Maakonigan, and will not be returned.
B’Maakonigan has reserved the right to waive minor non-compliance by a proponent with the requirements of the RFP. This will allow B’Maakonigan to consider and possibly accept, any proposal which is advantageous, even though the proposal may be non-compliant in some minor respect.
B’Maakonigan reserves the right to accept or reject, in whole or in part, any and all proposals.
B’Maakonigan reserves the right to cancel and/or re-issue this request for proposals at any time, for any reason, without penalty.
Prices quoted are to be held firm for a minimum of 90 days following the RFP closing date, and shall remain in effect through the duration of any contract.
The proponent’s proposal shall form part of the contractual agreement by attachment, and will be incorporated for reference. Claims made in the proposal shall constitute contractual warranties. Any provision in the proposal may be included in the contractual agreement as direct provisions thereof.
The successful proponent agrees to obtain and maintain all professional certification and licenses necessary to lawfully provide the services required under this request for proposal.
By submitting a proposal, the proponent agrees and acknowledges that it will provide for the duration of the project, the full complement of staff required to perform the work of the project, including the specific individuals identified in its proposal. These key personnel shall remain assigned for the duration of the project unless otherwise agreed to in writing by B’Maakonigan. In the event the proponent wishes to substitute any key personnel, the individual(s) proposed must demonstrate similar qualifications and experience as required, to successfully perform such duties.
Intellectual property and any data associated with this project is the express property of B’Maakonigan.
B’Maakonigan works in coordination with the Union of Ontario Indians and they will be a party to any contract related to this RFP.
Please submit your proposal by December 1, 2023, to leslie.mcgregor@anishinabek.ca. If you have any questions or require further clarification, please contact Leslie McGregor at leslie.mcgregor@anishinabek.ca or by phone at 1-705-988-5459.