1. Advance Contract Award Notice (ACAN)
An 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 stated in the ACAN, the contracting officer may then proceed with the award to the pre-identified supplier.
2. Definition of the requirement
The Parole Board of Canada (PBC) is an independent administrative tribunal that, as part of the Canadian criminal justice system, makes quality conditional release and record suspension decisions, and clemency recommendations. The PBC contributes to the protection of society by facilitating, as appropriate, the timely reintegration of offenders as law-abiding citizens. Public safety is the primary consideration in all PBC decisions.
A corporate priority of the Parole Board of Canada is to strengthen responsiveness to the needs of specific offender populations, such as racialized groups. Recognizing the over-representation of Black people in the criminal justice system, the Parole Board of Canada seeks to provide a more culturally adapted and responsive hearing process to this offender group, by using the services of a Cultural Advisor at our hearings.
The Cultural Advisor will provide Board members, as requested, information about the culture, experiences and traditions of the Black community through their participation at hearings. The Cultural Advisor may also be required to provide relevant information regarding the specific Black community to which the offender belongs or may return. If requested by the offender, the Cultural Advisor will preside over Afrocentric or other ceremonies.
The primary role of the PBC Cultural Advisor is to provide Parole Board members with information about the specific culture, values, and traditions of the Black community, as well as the history, challenges and opportunities relevant to this group. The Cultural Advisor may offer wisdom and guidance to the offender during the hearing process. This may include leading a cultural ceremony at the request of the offender. The Cultural Advisor is not involved in decision-making with respect to conditional release.
More specifically, the Cultural Advisor may be requested to provide services in the following areas:
1) Provide support to Board Members at hearings (in person and remotely);
2) Actively participate in the hearing including conversing with the offender to gain a better understanding of their lived experience, which may assist the Board member in gaining further information helpful to achieving a quality decision;
3) When requested by the offender, lead cultural ceremonies at hearings;
When and if required, the Cultural Advisor may be requested to provide the following services as identified by the Regional Manager Community Relations and Training or Regional Manager Conditional Release Programs:
1) Participate in orientation, in-reach, outreach sessions to enhance engagement with Black offenders and community partners and stakeholders;
2) Participate in staff and Board member training and information sessions to provide increased awareness and understanding of issues relevant to the Black community including the impact of systemic racism and oppression.
All deliverables must be in accordance with the applicable Parole Board of Canada policies and procedures. All work will be performed subject to the inspection and acceptance of the Regional Manager, Community Relations and Training or Regional Manager, Conditional Release Program.
The location of work is the Atlantic Region. The Cultural advisor is required to travel to the correctional facilities in the region as well as the regional office in Moncton, NB. The Cultural advisor may be requested to assist other regions of the PBC.
The language of work is English, with French being an asset.
This contract requires a clearance level of Reliability, completed by or verified by the Parole Board of Canada. The contractor(s) must hold and maintain this clearance level during the performance of the contract.
3. 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 be an individual with expertise and demonstrated ability to acknowledge and speak to social, political, cultural, spiritual, health and economic history, challenges, and opportunities relevant to diverse Black people and communities.
The Cultural Advisor must have lived experience as a Black person who has worked with diverse stakeholders in the Black community (i.e. Black/Black, Indigenous, and People of Colour (BIPOC) groups, social organizations, community groups, businesses, education, health care and other community stakeholders).
The Cultural Advisor must be able to engage with and facilitate meaningful conversations with diverse populations including those involved in the criminal justice system. Discussions may be of a sensitive nature and may occur during emotionally charged situations.
The Cultural Advisor must have the ability to clearly communicate complex issues to Board members and when required various other audiences.
The Cultural Advisor must be able to travel independently within the Atlantic region and may be requested to work remotely via video and teleconferencing. Completion of administrative tasks such as the completion of travel forms and the submission of invoices is required.
4. Applicability of the trade agreement(s) to the procurement
This procurement is not subject to any trade agreement.
5. Set-aside under the Procurement Strategy for Indigenous Business
This procurement is set-aside for an Indigenous Supplier in accordance with the government Procurement Strategy for Indigenous Business (PSIB). Therefore, only suppliers who meet the definition of an Indigenous business, as defined in the PSIB, may submit a statement of capabilities.
This restriction does not apply to contracts with individuals who are Elders.
6. Comprehensive Land Claims Agreement(s)
This procurement is not subject to a Comprehensive Land Claims Agreement.
7. Justification for the Pre-Identified Supplier
The Parole Board of Canada intends to award a contract to Kenneth M. Fells, as Cultural Advisor for Black offenders. Mr. Fells has 30 years of experience as an Administrator and classroom teacher, he has worked with National Defense, Community College, post-secondary institutions (3) and continuing education. He has supported, developed, and presented programming as well as the Race Relations Cross Cultural Understanding Policies for Digby, Yarmouth, Shelburne, and Queens County School Boards. He is an advisor and mentor in Diversity and Human Rights advocacy and has worked federally, regionally, and locally on these initiatives. He was a
member of the of the Restorative Inquiry team for the Nova Scotia Home for Coloured Children and established guidelines for its 3-year mandate. He has experience as a lead consultant for the Anti-Racism and Anti-Discrimination Module for the Department of Education and Early Childhood Development. He has lived experience as an African-Nova Scotian and has been involved in and led numerous initiatives designed to address inequity and racism, including an annual Afrocentric conference. Through his work, he has established strong relationships with various African-Nova Scotian communities and organizations supporting same. Mr. Fells is also on the Board of 902 MANUP, a non-profit organization whose goals involve supporting incarcerated men through mentorship, promoting a positive lifestyle, education, and community service.
Mr. Fells also has experience conducting cultural ceremonies, such as libation ceremonies and drumming, which can be requested by offenders of African descent as part of their parole hearing. He has been pursuing his PhD in the demographics of desegregating data on Black males in the education system of Nova Scotia. He holds a master’s degree in diverse learning.
For the past three years, Mr. Fells has been working with the PBC as a Cultural Advisors for Black offenders in the Atlantic region. Since the implementation of Cultural Advisors for Black offenders, Mr. Fells has been integral in ensuring we are able to better support Black offenders and provide more culturally responsive hearings. PBC must continue to provide this service with a qualified and trusted community member. Mr. Fells is well known, respected and has a vast knowledge of the systemic factors, history, and cultures that our Black offender population has experienced.
8. 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.
9. Exclusions and/or Limited Tendering Reasons
This procurement is not subject to any trade agreement.
10. Ownership of Intellectual Property
There are no intellectual property terms in the contract.
11. Period of the proposed contract
The proposed contract is for a period of 3 years, from April 1, 2025 to March 31, 2028.
12. Cost estimate of the proposed contract
The estimated value of the contract, including option(s), is $45,000 x (GST/HST extra).
13. Name and address of the pre-identified supplier
Kenneth M. Fells
Cow Bay, NS
14. 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 of this notice. The statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.
15. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is February 10, 2025, at 2:00 p.m. ET.
16. Inquiries and submission of statements of capabilities
Inquiries and statements of capabilities are to be directed to:
Marc Belanger
A/ Procurement Officer
1045 Main St
Moncton, NB, E1C 1H1
Email: Procurement-Marche.GEN-PBC-CLCC@CSC-SCC.GC.CA
