The Assembly of First Nations (AFN) is a national advocacy organization that works to advance the collective aspirations of First Nations. The AFN hosts at least two Assemblies each year where mandates and directives for the organization are established through resolutions directed and supported by the First Nations in Assembly (elected Chiefs or proxies from member First Nations). The AFN is also guided by an Executive Committee consisting of an elected National Chief and Regional Chiefs from each province and territory.
In April 2023, the AFN, Government of Canada (Canada), First Nations Child and Family Caring Society of Canada (Caring Society) and other Parties reached a Final Settlement Agreement (FSA) to compensate individuals affected by Canada’s discrimination under the First Nations Child and Family Services (FNCFS) Program and Jordan’s Principle.
As part of the class action settlement, the parties to the settlement seek to retain a qualified individual to assist in formulating and testing a claims process for the distribution of compensation to First Nations individuals who were denied access to essential services, or who experienced delays or service gaps in the receipt of essential services, under Jordan’s Principle.
Throughout this RFP, capitalized terms refer to those defined in the Final Settlement Agreement.
The objective of this RFP is to select a Contractor to lead and execute the Jordan’s Principle Compensation Pilot Project. The Contractor will work with experts, the Administrator, AFN and Class Counsel (Project Team) to pilot the Jordan’s Principle, Essential Services and Trout Classes claims processes in support of developing and finalizing the Distribution Protocol and related claims procedures. The Contractor will also assist in retaining and training individuals with specific culturally-appropriate knowledge on Jordan’s Principle, who will serve as Navigators and conduct reviews of claims under Article 5.01(9) of the FSA.
The Contractor will collaborate with the AFN, First Nations and Class Counsel to recruit and manage interviews and claims process piloting with claimant participants, navigator participants and professional participants. The Contractor will also collaborate with the Project Team to develop a reliable and culturally appropriate claims process further to Article 6 and related Schedules of the FSA for the Jordan’s Principle, Essential Services and Trout Child and Family Classes. Tasks will include:
- Draft and pilot questionnaires and related materials with the goal of establishing the thresholds between Jordan’s Principle and Essential Service class claimants and informing the claims process.
- Draft and pilot questionnaires and related materials with the goal of informing the claims process for the respective Family Classes.
- Draft and pilot questionnaires and assessment tools and develop guidance for compensating Jordan’s Principle claimants, including recommendations for enhancement payments per Article 6.08(15) of the FSA.
- Generally assist in finalizing the Distribution Protocol related to Jordan’s Principle, Essential Services, Trout Child and related Family Classes claims.
Proposals are due to Stephanie Wellman, Director of Social Development, by Friday, June 2, 2023 at 5:00pm ET. Proposals submitted on time will be evaluated in accordance with criteria established in this RFP by a selection committee within the AFN, and a successful bidder may be selected before the deadline to submit proposals. The project is a full time contract position starting immediately. The piloting phase is expected to be complete by Fall 2023, and the implementation of the results of the pilot, as well as the retaining and training of Navigators, will extend until at least March 31, 2024.
In February 2007, the AFN and the First Nations Child and Family Caring Society filed a complaint under the Canadian Human Rights Act stating the Government of Canada was discriminating against First Nations children and families by underfunding the First Nations Child and Family Services (FNCFS) Program on-reserve and in the Yukon, and by applying a narrow interpretation of Jordan’s Principle. The Canadian Human Rights Tribunal (CHRT) agreed with the complainants in the 2016 CHRT 2 landmark decision and ordered the federal government to end its discrimination, immediately reform the FNCFS Program, and fully implement Jordan’s Principle.
In September 2019, the CHRT issued a Compensation Decision ordering the Government of Canada to pay eligible First Nations children and their parents and caregivers $40,000 in compensation for its discrimination and narrow application of Jordan’s Principle. Additionally in 2019, an independent lawsuit was filed by Moushoom/Trout seeking compensation for First Nations children who faced delays and/or denial of essential health and social services as a result of government underfunding and dissension. The two class actions were later combined, and in Fall of 2021, all parties agreed to enter into negotiations to settle the two class action lawsuits.
In Fall 2022, the parties presented a final settlement agreement worth $20 billion to the CHRT who found that the agreement substantially, but not fully, met the orders of the 2019 Compensation Order. As a result, the parties and the First Nations Child and Family Caring Society of Canada negotiated an additional $3 billion to be added to fully meet the CHRT’s orders. On April 4, 2023, the First Nations-in-Assembly approved a revised final settlement agreement valued at over $23 billion to compensate more than 300,000 First Nations children and families who experienced discrimination under the FNCFS program and Jordan’s Principle through AFN Resolution 04/2023, Revised Final Settlement Agreement on Compensation for First Nations Children and Families.
|QUALIFICATIONS AND PROPOSAL SUBMISSION INSTRUCTIONS|
Proposals are to be submitted in the form of an electronic file (PDF) by email to Stephanie Wellman, Director of the Social Development Sector, at [email protected].
All proposals must clearly identify the name of the candidate with the subject line “Jordan’s Principle Compensation Pilot Project Manager”.
Proposals must be received no later than 5:00 pm ET on June 2, 2023. Late proposals will not be considered.
The successful Contractor must possess the following experience and qualifications:
- Project Management experience developing, testing, modelling and implementing assessment frameworks in the healthcare, education and/or social services sectors, including research, focus groups, interviews, questionnaires, surveys and the like.
- Demonstrated knowledge of and experience in healthcare, education and social service needs of First Nations communities.
- Demonstrated knowledge of Jordan’s Principle, the CHRT case, the Class Action lawsuit, and gals in health, social and education services for First Nations children on-reserve and in urban, rural and northern communities.
- Ability to adhere to strict timelines.
- Willingness to travel, including to remote First Nations.
- Demonstrated cultural competency.
- Demonstrated knowledge and experience with OCAP® Principles and how the Contractor embeds OCAP® Principles in their work.
PROPOSAL SUBMISSION REQUIREMENTS:
- A Curriculum Vitae outlining the relevant employment, education and research experience.
- A statement of intent that demonstrates the proponent’s relevant knowledge and experience for the role.
- At least three (3) references.
- Cost breakdown (daily or hourly rate in Canadian Dollars).
|RIGHTS OF THE AFN|
The AFN reserves the right to:
- reject any or all proposals received in response to this Request for Proposals;
- enter into negotiation with one or more bidders on any or all aspects of their respective proposals;
- accept any proposal in whole, or in part;
- cancel and/or re-issue the modified version of a given RFP requirement at any time;
- award one or more contracts;
- verify all information provided with respect to a given RFP requirement, including the right to request a confirmation of the bidder’s legal status and signed documentation; and
- award contracts without competition for follow-up work, if any, to the selected bidder for a given project
The AFN will select the Proponent(s) which, in the AFN’s sole discretion, best serves the needs of the AFN. The following is a summary of the general considerations that will be used to determine the Proponent(s) that will be selected:
|1. Relevant Experience
3. Indigenous Organization/Individual
The following dates are set forth for informational and planning purposes and may be changed at the AFN’s sole discretion. The timetable is tentative only and may be changed by the AFN, in its sole discretion, at any time prior to the Proposal Submission Deadline.
- RFP launched: May 4, 2023
- RFP closes: June 2, 2023
- Project begins: Immediately upon selection of successful Contractor
- Project concludes: March 31, 2024 (with possibility of extension)
Responses to this RFP will be considered as confidential information by the AFN and will be used solely for the purposes of selecting the successful bidder.
Requests for clarification and/or questions regarding this RFP should be directed to:
Director, Social Development
Assembly of First Nations
55 Metcalfe Street, Suite 1600 Ottawa, ON K1P 6L5
Email: [email protected]
Only those submissions that meet the deadline will be considered. Responses to this RFP must be received by 5:00pm ET on Friday, June 2, 2023. All on-time proposals will be acknowledged.