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Research Contracting Policy Policy Statement The LAW COMMISSION OF CANADA will procure its contracting services in a manner that encourages competition, guarantees fairness, demonstrates equity, ensures optimal value for money, and promotes the expansion of knowledge. ***** Background The LAW COMMISSION OF CANADA is mandated to conduct its work in partnership with other public and private institutions involved in social research and law reform, as well as by networking with individuals and organizations interested in justice and related matters. The Commission intends to achieve this objective by engaging outside experts to undertake most of its research under contract. This Policy is adopted under paragraph 14(c) of the Law Commission of Canada Act. Its purpose is to provide the framework, criteria and procedure for the procurement of contract expertise. This Policy complements the Treasury Board Contracting Policy to which the Commission is subject. Application This policy applies to all contractual arrangements entered into by and on behalf of the Commission for the provision of professional research services. Budget An annual provision of $1,500,000 will be made in the Commission's budget to procure research expertise under contract. Procedure Inventory The Commission will publish its research plan and invite individuals, firms and institutions to indicate their interest and capacity to contribute to the realization of this research. The information provided must include: - A profile of the firm or institution (when applicable);
- A curriculum vitae of the individual(s) offering services;
- Samples of previous work;
- A fee schedule.
This will enable the Commission to constitute a list of potential contractors who may be invited to bid on specific projects. Terms of reference For each of its research projects, the Commission will develop terms of reference outlining: - The scope of the work;
- The type of work (e.g. literature review, survey, cost-benefit analysis);
- The expected deliverables;
- The timetable and quality control elements; and
- The selection criteria.
Invitations Invitations to tender, setting out the terms of reference, will be sent to potential contractors selected from the inventory on the basis of their stated credentials, or otherwise identified when necessary. As much as possible, at least three individuals and/or firms will be invited to tender for every project the cost of which is estimated to exceed $5000. Contract opportunities will also be published on the Commission’s web site. Exceptional circumstances may dictate that this process be expedited or relaxed. Considerations Contracts will be awarded on the basis of qualifications, experience, understanding of the project, proposed methodology and cost. In addition, the following elements may also be considered: - Regional diversity;
- Respect for Canada's two legal traditions; and
- Cultural diversity.
Accountability The Director of Research will be responsible for developing terms of reference for each project to be undertaken under contract, for identifying contractors from whom bids will be solicited and for advertising invitations on the Commission’s web site. Contracts will be drawn up by the Administration Officer, in consultation with the Director of Research, and signed by the Executive Director, on behalf of the Commission. Notification Contract awards will be announced on the Commission’s web site. Review The application and administration of this policy shall be documented for quarterly review by the Commissioners. Adoption This policy was adopted at a meeting of the LAW COMMISSION OF CANADA held on February 28, 1998.
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