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Request for Proposal for Negotiation 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 Services
Client Michipicoten First Nation

Request for Proposal for Negotiation Services

I.  GENERAL INFORMATION

a)  Purpose. Michipicoten First Nation is inviting proposals for contract negotiation services to support the Nation’s wide range of economic development projects, and more specifically those related to the mining and energy sectors and resulting in Impact Benefits Agreements (IBAs) and Memorandum of Understandings (MOUs). The chosen consultant will be responsible for providing comprehensive updates to Chief and Council and will manage implementation of negotiated agreements as well as addressing third party inquiries with respect to mining, energy and development opportunities for the Nation. This Request for Proposal (RFP) seeks to establish a two-year contract with the selected consultant/consulting firm.

b)  Who May Respond. This RFP is open to consultants and/or consulting firms with experience negotiating First Nation Impact Benefits Agreements, Contracts and Memorandum of Understandings in the mining, energy and business sectors, and those experienced in the management and oversight of such projects.

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. 2025-002 Proposal for Negotiation 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 has 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 negotiation needs of a First Nation, including:

  1. Act as lead negotiator for IBAs, MOUs and other Contracts and Agreements related to Economic Development, and particularly mining and energy projects.
  2. Prepare negotiation strategies, discuss terms and conditions and utilize negotiation skills to ensure the best outcome for Michipicoten First Nation.
  3. Ensure outcomes result in an agreement that is fair and beneficial to all parties.
  4. Analyze and interpret contracts and agreements and provide advice on potential risks.
  5. Monitor contract performance/compliance and maintain accurate records of all contract negotiations.
  6. Prepare and present summaries on the performance of contracts to the Chief and Council as required.
  7. Address third party inquiries with respect to mining and energy interests, with focus on increasing economic well-being and quality of life for the community and its Citizens, and in a way that reflects the community’s social, cultural and environmental needs and values.
  8. Collaborate and report to MFN Executive Officer as needed.

Although it is preferable for a firm/individual to submit a proposal covering 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:

a)  Negotiation Experience. The Proposer should describe its experience related to the areas outlined in the scope of services above, and advising First Nations comparable to MFN with similar mining, energy and business development opportunities. Experience should include an understanding of the rights of Indigenous people and the land as well as maintaining the balance of business opportunities with the need to protect the environment.

The Proposer should be aware of what motivates decision-making within a First Nation Community. It can mean taking a deeper look at the long-term (seven generations) impact of a project on the Community, particularly when the Community is not in support of a project. These skills are as essential to MFN as the negotiation process.

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 consultants and supporting staff to be assigned to this work. 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 this work. 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 rate for each consultant or other staff who are expected to work on negotiations and charges for expenses, if any, such as research, copies, faxes and electronic communication.

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 negotiation of agreements
  • Cost
  • 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)  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 most services described in the specifications.

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