Grand Council Treaty,Consultants to Review Energy East Pipeline Proposal

REQUEST
FOR PROPOSAL (RFP)

RFP: Seeking Consultants to
Review Energy East Pipeline Proposal – Environmental and Social-Economic
Assessment (ESA) and National Energy Board Application
Organization:
Grand Council Treaty #3
Location:
Kenora,
Northwestern Ontario

REQUEST
FOR PROPOSALS

Independent
review of the proposed Energy East Pipeline Project Environmental and
Social-Economic Assessment

INQUIRIES
AND PROPOSALS SHOULD BE DIRECTED TO:

Grand Council Treaty
#3
PO Box 1790 Kenora, ON
P9N 3X7
Phone: 807.548.4214
Fax: 807.548.5041 Email: tpu.engagement treaty3.ca*

I. GENERAL
INFORMATION

Title of
Proposal:
Independent review of the Environmental and Social-Economic Assessment (“ESA”)
for the proposed Energy East Pipeline Project (the “Project”).

1. Purpose: The
   request for proposal is to contract for the review of Energy East
   Pipeline Ltd’s ESA submitted to the National Energy Board on behalf of
   Grand Council Treaty #3 (“GCT3”). The purpose of this assignment is to
   enable GCT3 to evaluate risk on how the proposed Project would impact
   Aboriginal and treaty rights.
2. Who
   May Respond: Experts that specialize in energy,
   natural resource management, environmental science, engineering, and
   related fields. Experience and knowledge of the environmental assessment
   process and Aboriginal and treaty rights is essential. Detailed knowledge
   of the proposed Project would be an asset. Previous experience with
   Treaty #3 communities is preferred.
3. Instructions
   for Proposal Submissions
1. Proposal
   deadlines. Proposals and any supporting
   documentation must be submitted no later than 4:00 pm on 22nd of
   August 2015.
2. Enquiries. Any
   enquiries concerning this RFP must be received prior to the submission
   deadline and should be directed to :

Engagement Liaison
Grand Council Treaty #3
PO Box 1720 Kenora, ON  P9N 3X1

Email: tpu.engagement @treaty3.ca
Phone: (807) 548 4214 ext. 220.

1. Conditions
   of the Proposal. All costs incurred in
   responding to this RFP, including preparation of proposals, will be the
   responsibility of the bidder.
2. Instruction
   to Prospective Bidders Your proposal should be
   directed as address to:

Energy East Chiefs
Committee
Grand Council Treaty #3
PO Box 1720 Kenora, Ontario  P9N 3X1

Due to the
submission timeline, the bidder’s proposal should be submitted electronically
to Kaitlin Almack, Territorial Planning Unit, at:
tpu.engagement @treaty3.ca

It is the responsibility
of the bidder to insure that the proposal is received by the date and time
specified above. Late proposals will not be considered.

1. Right
   to Reject.
   GCT3 reserves the right to reject any and all proposals received in
   response to this RFP. A contract for the accepted proposal will be
   drafted based upon the factors described in this RFP.
2. Local
   and Aboriginal-­?Owned Businesses. Efforts will be made
   by GCT3 to utilize local or Aboriginal-owned businesses. Bidder will
   qualify as a local business if the firm maintains an office within the
   Treaty 3 Territory. Bidder qualifies as an Aboriginal-owned business firm
   if at least 51% of the business is Aboriginally-owned.
3. Notification
   of Award.
   It is expected that a decision selecting the successful Firm will be made
   within seven (7) days of the closing date for the receipt of proposals.
   Upon conclusion of final negotiations with the successful Firm, all
   Bidders submitting proposals in response to this Request for Proposal
   will be informed, in writing, of the name of the successful firm. It is
   expected that the contract shall be a contract for all work performed on
   behalf of GCT3 related to the Energy East Project for a period of one
   year with the possibility of renewal.
4. Background
   Material.
   The Environmental and Social-Economic Assessment Review and up-to-date
   information on the the Energy East Project can either be found on the
   proponent’s website (http://www.energyeastpipeline.com/regulatory-
   filing/esa/) or on the National Energy Board website (https://www.neb-one.gc.ca/pplctnflng/mjrpp/nrgyst/index-eng.html).
1. Description
   of Entity.
   GCT3 is the traditional government of 28 First Nations located in
   North-western Ontario and a portion of Eastern Manitoba. At the direction
   of the leadership and for the benefit/protection of the Citizens, the mandate
   of GCT3 is to protect, preserve, and enhance Treaty and Aboriginal rights.
   This is achieved by advancing the exercise of inherent jurisdiction,
   sovereignty, nation-building, and traditional governance with the aim to
   preserve and build the Anishinaabe Nation’s goal of self-determination. We
   accomplish these goals with Treaty/territory-wide approaches in
   cooperation with communities, Tribal Councils, and other organizations
   that are delivering programs to Anishinaabe citizens.Energy East Pipeline
   Ltd. and GCT3 have agreed to an engagement consistent with Manito Aki
   Inakonigaawin. The engagement process required by Manito Aki Inakonigaawin
   is guided by the Anishinaabe Nation’s inherent right of self-government,
   and is designed to enable the Anishinaabe Nation and its member
   communities to decide, through traditional governance practices, whether
   activities being proposed in Treaty #3 Territory may adversely impact our
   Aboriginal and treaty rights, whether such impacts are acceptable and if
   so, on what conditions.

II. Services
to be provided by the Vendor(s)

1. Scope
   of Services. The vendor(s) shall provide the following
   services related to the review
   of the ESA. The vendor(s) shall:
1. Work
   collaboratively Energy East Chiefs Committee and the Territory Planning
   Unit of GCT3. The vendor(s) will communicate directly with the Engagement
   Liaison to determine key priorities of the Review.
2. Prepare
   within 30 days of the Agreement a comprehensive work plan of the services
   to be provided. The work plan shall detailed objectives, key performance
   indicators, and timetables.
3. Report
   on potential impacts on Aboriginal and treaty rights to GCT3 and Treaty
   #3 communities. The review must include studying the relationship between
   cultural values and impacts with a focus on Aboriginal and Treaty rights
   in the Treaty #3 Territory. These include the potential effects, risks,
   gains, and mitigation effectiveness. Elements of the review of the ESA
   could include but are not limited to pipeline safety, spill and emergency
   response, terrestrial and habitat assessment, and watercourse assessment.
4. Provide
   a summary report of the review for GCT3 relating to GCT3 communities
   economic, social, land, and resource management interests. Assist GCT3
   Engagement Liaison in producing briefing materials if needed.
5. Prepare
   recommendations to GCT3 on mitigation measures and/or strategic direction
   after review of the ESA.
6. Provide
   technical advice and expertise as required by GCT3.

II. Proposal
Contents.

The vendor(s), in
its proposal, shall, as a minimum, include the following:

1. Proposed
   Approach to Scope of Work. The vendor(s) shall describe
   its proposed approach to reviewing the Environmental and Social Economic
   Assessment and Application including methods of communication with TPU
   staff and Energy East Chiefs Committee. Elements of project management
   should be included.
2. Experience
   in Reviewing Environmental and Social-Economic Assessments.
   The vendor(s) shall describe its previous experience advising First
   Nations or Aboriginal governance organizations on major projects subject
   to National Energy Board or Canadian Environmental Assessment Agency
   review. Particular emphasis should be placed on previous experience
   reviewing ESAs to identify gaps, weaknesses, or omissions in the data and
   how these deficiencies could adversely impact Aboriginal and treaty
   rights.
3. Firm
   Profile.
   The firm profile shall include the full legal name of the entity
   submitting the Proposal, the number of years that the Bidder has been in
   business, Size, Structure, and Areas of Practice.
4. Expert
   Qualifications, The vendor(s) must provide a detailed
   Curriculum Vitae (CV) (maximum 5 pages) for the Project Team Leader as
   well as professional and educational background of each expert likely to
   be assigned to the project. Emphasis should be placed on technical
   experience, as well as experience with Aboriginal and Treaty Rights.
5. References
   and Project Summaries. The vendor(s) will provide
   three project summaries based on similar projects. Experience working on
   pipeline projects or projects of a similar nature should be emphasized.
   The vendor(s) must provide the contact information of two references
   including a brief description of the work and level of client
   satisfaction.
6. Project
   Cost.
   The vendor(s) proposed price should include information on the hourly
   billing rates of each expert who is expected to work on this
   representation and charges for expenses. GCT3 reserves the right to
   negotiate with the vendor on the structure of the billing and/or retainer
   fee.

IV. Proposal
Evaluation

1. Selection
   Committee.
   GCT3’s Territorial Planning Unit Director and Engagement Liaison will
   review proposals and make recommendations to the Energy East Chiefs
   Negotiating Committee for final approval. The reviewers may request a
   meeting with some qualified bidders prior to final selection.
2. Selection
   Criteria
   The selection of the vendor(s) will be based on the following criteria:
• Proposed
  approach to the scope of work;
• Experience
  and qualifications of the experts working on the file;
• Response
  from references and case examples;
• Cost;
  and
• Interviews,
  if conducted.
3. Weight
   of Criteria
   
• Proposed
  approach to the scope of work. (30%)
• Experience
  and qualifications of the experts working on the file. (30%)
• Proponent
  must have five (5) years of experience providing technical advice to
  clients in one of the specialized areas mentioned herein.
• Demonstrated
  experience with reviewing project ESAs of similar nature and scale.
• References
  and case examples. (25%)
  
• Demonstrated
  quality.
• Interviews,
  if conducted. (15%)