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Request for Proposal for Legal Services

Tender Information
Author pmnationtalk
Deadline February 07, 2025
Name Michipicoten First Nation
Type RFP
Region Ontario
Email executiveofficer@michipicoten.com
Sector Public Sector
Category Legal
Client Michipicoten First Nation

Request for Proposal for Legal Services

I.  GENERAL INFORMATION

a)  Purpose. Michipicoten First Nation is inviting proposals for contract legal services to support the Nation’s wide range of legal needs. The chosen legal firm will be responsible for providing comprehensive legal support to the Nation. This RFP seeks to establish a two-year contract with the selected legal firm.

b)  Who May Respond. This RFP is open to law firms and/or lawyers licensed to practice law in Ontario, Canada.

c)  Instructions on Proposal Submission.

  • Proposal Due Date. Proposals must be submitted no later than 4:00 pm on February 7th, 2025. Late offers will not be considered.
  • All costs incurred in the preparation of a proposal responding to this RFP will be the responsibility of the Proposer and will not be reimbursed by Michipicoten First Nation (hereinafter referred to as MFN).
  • Submission Format. Proposals must be submitted as a .pdf attachment to an email with the following subject line: RFP No. 2025-001 Proposal for Legal Services
  • Email proposals to:

Diane Purser, Executive Officer
executiveofficer@michipicoten.com

It is the responsibility of the Proposer to ensure the proposal is received by MFN by the date, time and in the manner specified above.

  • Right to Reject. MFN reserves the right to reject any proposals received in response to this A contract for the accepted proposal will be drafted based upon the factors described in this RFP.
  • Notification of Award. A decision is expected within four (4) weeks of the closing date. Upon conclusion of final negotiations regarding the successful proposal, all other Proposers will be informed, in writing, of the name of the successful Proposer.

d)  Description of Entity. Michipicoten First Nation Gros Cap IR49 today and its surrounding lands include extensive coastline along the shores of Lake Superior, the addition of lands settled through various land claims and treaty, including the reserves of Gros Cap Indian Village 49A, Missanabie 62 (Dog Lake) and Chapleau 61. It boasts a pristine and eco-rich environment of unparalleled wilderness beauty, unpolluted waters and an abundance of wildlife, birds and indigenous plants. Fishing, hunting, and trapping are still practiced by the people and children can be taught the ways of their Ancestors.

Michipicoten First Nation is a vibrant Anishinaabe community with approximately 1,455 Citizens dispersed around the globe, building on socio-economic independence and with a strong sense of community and cultural identity. Michipicoten First Nation strives to maintain harmony and balance with Mother Earth, neighbouring First Nations and surrounding communities.

As a growing and thriving community Michipicoten First Nation have many ongoing projects, including infrastructure (housing, water treatment expansion, road improvements, Health Centre and Band Hall renovations) and several on and off reserve economic development projects and real estate holdings.

Additional information on Michipicoten First Nation is available on our website, which can be found at http://www.michipicoten.com.

II.  SCOPE OF SERVICES. The Proposer shall provide an explanation of how their firm can address the diverse legal needs of Michipicoten First Nation, including:

  1. Review drafts of contracts, leases, IBAs, MOUs, correspondence and provide negotiation support.
  2. Provide a legal opinion and/or response to various matters.
  3. Advise on legal matters related to new and ongoing projects, including future title claims.
  4. Review and advise on corporate matters, including financial transactions, mergers, acquisitions, real estate and economic development.
  5. Advise on First Nation governance and policy compliance.
  6. Advise on responses to subpoenas, court orders, judicial reviews and requests for information from third parties.
  7. Advise on land use matters, including Additions to Reserve (ATR) and Land Designations.

Although it is preferable for a firm to submit a proposal covering all of the above areas, Michipicoten First Nation will consider proposals emphasizing expertise in subsets of these areas.

III.  PROPOSAL CONTENTS. The Proposer, in its proposal, shall, as a minimum, include the following:

a)  Legal Experience. The Proposer should describe its experience related to the areas outlined in the scope of services above. There is a particular interest in the following topic areas: First Nation policies and law, Indian Act, First Nation Governance, Negotiation, title claims, real estate, including bond financing; government grants and contracts; and general business operations. Additionally, if applicable, provide a description of any experience advising organizations comparable to Michipicoten First Nation that offer similar programs and government‐funded services.

b)  Organization, Size, Structure, and Areas of Practice. The Proposer should describe its organization in terms of the following:

  • size
  • structure,
  • areas of practice
  • office location(s)
  • response times and availability

c)  Key Personnel. The Proposer should separately attach a description of the qualifications of lawyers and legal staff to be assigned to the representation. Descriptions should include:

  • Professional and educational background of each.
  • Overall supervision to be excised.
  • Prior experience of the individual with respect to the required experience listed above. Include resumes only of those likely to be assigned to the representation. Education, position in firm, years and types of experience, and continuing professional education will be considered.

d)  Financial Considerations. The Proposer’s proposed price should include information on the hourly billing rates of each lawyer and other legal staff who are expected to work on this representation and charges for expenses, if any, such as legal research, copies, faxes and electronic communication. Also include a retainer amount that would be charged to advise MFN on routine matters that could be handled over the telephone or otherwise without extensive research or other legal work.

MFN reserves the right to negotiate with the Proposer on the structure of the billing or retainer fee.

Note: Please include a copy of the Equal Opportunity/Affirmative Action Policy (if available) or describe a commitment to diversity within your team and in your legal practices.

IV.  PROPOSAL EVALUATION

a)  Evaluation Procedure and Criteria. MFN’s Executive Officer and appropriate staff will review proposals and make recommendations to Chief and Council for final approval. The Executive Officer and/or Chief and Council may request a meeting with some qualified Proposers prior to final selection. Proposals will be reviewed in accordance with the following criteria:

  • Proposed approach to scope of work.
  • Level of experience of the individual(s) identified to work on this matter.
  • The Proposer’s experience with similar clients (First Nations) and legal matters.
  • Interviews, if conducted.

b)  Required Format for Proposals. All proposals must be submitted via email in the required Failure to follow the required format may result in disqualification of a proposal:

  • Page Size: 8 ½ x 11 and generally portrait
  • Font Size: 12, Font Type: Times New Roman
  • Margins: 1” minimum on the top, bottom, and sides of all pages
  • All pages must be numbered
  • Final document(s) must be in .pdf format
  • Do not use material dependent on colour distinctions, animated electronics, etc.
  • Do not include attachments other than those requested or required by this RFP

V.  QUESTIONS AND INQUIRIES

a)  Questions for the purpose of clarifying the RFP must be submitted in writing by email and must be received no later than 4:00 p.m. on February 7th, 2025. Questions must be emailed to:
Diane Purser, Executive Officer at executiveofficer@michipicoten.com

b)  During the period from your organization’s receipt of this Request for Proposals and until a contract is awarded, your organization shall not contact the Chief, a Councillor, an employee or contractor of MFN for additional information except as stated in a) above.

VII.   GENERAL INFORMATION

a)  Contract Award. MFN reserves the right to award the contract in a manner deemed to be in the best interest of the Nation.

b)  Stability of Proposed Prices. Any price offerings from Proposers must remain valid for a period of 30 days from the due date of the proposals.

c)  Amendment or Cancellation of the RFP. MFN reserves the right to cancel, amend, modify, or otherwise change this RFP at any time if it deems it to be in the best interests of MFN.

d)  Proposal Modifications. No additions or changes to any proposal will be allowed after the proposal due date, unless requested by MFN. MFN may seek Proposer retraction and clarification of any discrepancy or contradiction found during its review of proposals.

e)  Proposer Presentation of Supporting Evidence. Proposers must be prepared to provide any evidence of experience, performance, ability, and/or financial surety that MFN deems necessary or appropriate to fully establish the performance capabilities represented in their proposals.

f)  Proposer Demonstration of Proposed Services. Proposers must be able to confirm their ability to provide all proposed services.

g)  Erroneous Awards. MFN reserves the right to correct inaccurate awards. This includes revoking the awarding of a contract to a Proposer and subsequently awarding the contract to a different Proposer. Such action shall not constitute a breach of contract on the part of MFN because the contract with the initial Proposer will be deemed voided as if no contract were ever in place.

h)  Ownership of Proposals. All proposals shall become the property of MFN and will not be returned.

i)  Ownership of Subsequent Products. Any product, whether acceptable or unacceptable, developed under a contract awarded because of this RFP shall be the sole property of MFN unless otherwise stated in the contract.

j)  Oral Agreement or Arrangements. Any alleged oral agreements or arrangements made by Proposers with MFN will be disregarded in any proposal evaluation or associated award.

k)  Not a Contract. This RFP is not a contract and, alone, shall not be interpreted as such. Rather, this RFP serves only as the instrument through which proposals are solicited. MFN will pursue negotiations with the highest scoring proposal. If, for some reason, MFN and the initial Proposer fail to reach consensus on the issues relative to a contract, then MFN may commence contract negotiations with other Proposers. MFN may decide at any time to start the RFP process again. The selected Proposer will be required to sign a formal contract.

l)  Subcontractors. MFN must approve all subcontractors utilized by the successful Proposer prior to any such subcontractor commencing any work. Proposers acknowledge by the act of submitting a proposal that any work provided under the contract is work conducted on behalf of MFN and that the MFN Executive Officer, or designate, may communicate directly with any subcontractor as MFN deems necessary or appropriate. It is also understood that the successful Proposer shall be responsible for all payment of fees charged by the subcontractor(s). A performance evaluation of any subcontractor shall be provided promptly by the successful Proposer to MFN upon request. The successful Proposer must provide the majority of services described in the specifications.

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