REQUEST FOR PROPOSAL (RFP)

RFP Number: 23RFP-CS016
RFP Name: Third Party Review of the Actions at
the Alberta Energy Regulator Surrounding the
Seepage of Fluids from the Kearl External Tailings
Area and Spill from an Industrial Wastewater
Storage Pond

RFP Issue Date

March 31, 2023

RFP Closing Date

April 21, 2023 14:00:59 MDT

Procurement Contact

René Puhlmann

Contact Info:

procurement@aer.ca

Copyright AER 2015

Table of Contents
1.0 GENERAL ..................................................................................................................................................... 1
1.1
1.2
1.3

ABOUT THE AER.............................................................................................................................................1
FRAMEWORK AND OUTLINE ..............................................................................................................................1
INTENT..........................................................................................................................................................1

2.0 REQUEST FOR PROPOSAL TERMINOLOGY ................................................................................................... 3
2.1

DEFINITIONS ..................................................................................................................................................3

3.0 REQUEST FOR PROPOSAL PROCESS ............................................................................................................. 5
3.1
3.2
3.3
3.4
3.5
3.6

RFP AVAILABILITY ...........................................................................................................................................5
CHANGES TO THE RFP .....................................................................................................................................5
RFP SCHEDULE...............................................................................................................................................5RESPONDENT QUESTIONS .................................................................................................................................5
RFP CLOSING .................................................................................................................................................6
PROPOSAL SUBMISSIONS REQUIREMENTS ............................................................................................................6

4.0 PROPOSAL TERMS AND CONDITIONS.......................................................................................................... 7
4.1 GENERAL .......................................................................................................................................................7
4.2 ACCEPTANCE OF PROPOSALS .............................................................................................................................7
4.3 OWNERSHIP OF PROPOSALS ..............................................................................................................................7
4.4 CONSENT TO COLLECTION AND USE OF INFORMATION ...........................................................................................8
4.5 CONFIDENTIALITY AND SECURITY OF INFORMATION ...............................................................................................8
4.6 INDEMNIFICATION ...........................................................................................................................................8
4.7 RESPONDENTS’ EXPENSES .................................................................................................................................8
4.8 IRREVOCABILITY OF PROPOSALS .........................................................................................................................8
4.9 PROPOSAL VALIDITY ........................................................................................................................................8
4.10 INSURANCE AND WCB .....................................................................................................................................94.11 FORM OF AGREEMENT TO BE EXECUTED BY THE VENDOR .......................................................................................94.12 CHOICE OF LAW AND FORUM ..........................................................................................................................10
4.13 NEGOTIATION DELAY .....................................................................................................................................10
4.14 CONFLICT OF INTEREST ...................................................................................................................................10
4.15 NOTIFICATION OF AWARD ..............................................................................................................................11
4.16 CONTRACTOR EMPLOYEES ..............................................................................................................................11
4.17 PARKING .....................................................................................................................................................11
4.18 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (ALBERTA) (FOIP)...................................................11
4.19 ASSIGNMENT ...............................................................................................................................................12
4.20 VENDOR DISPUTE PROCESS .............................................................................................................................12
4.21 SHORT-LIST ..................................................................................................................................................12
4.22 BEST AND FINAL OFFER ..................................................................................................................................12
5.1 PROPOSAL FORMAT .................................................................................................................................. 14
6.0 PROPOSAL EVALUATION PROCESS ............................................................................................................ 15
6.1
6.2
6.3
6.4
6.5
6.6

EVALUATION PROCESS ...................................................................................................................................15
EVALUATION AND SELECTION ..........................................................................................................................15
EVALUATION CRITERIA/WEIGHTINGS ................................................................................................................15
REFERENCES.................................................................................................................................................16
PRICING ......................................................................................................................................................17
FINANCIAL STATEMENTS .................................................................................................................................17

7.0 PROJECT SCOPE AND REQUIREMENTS ...................................................................................................... 18

23RFP-CS016

7.1 INTRODUCTION.............................................................................................................................................18
7.2 SCOPE ........................................................................................................................................................18
7.3 COMMUNICATION STRATEGY ..........................................................................................................................19
7.4 DELIVERABLES ...............................................................................................................................................19
APPENDICES ................................................................................................................................................... 20
APPENDIX 1: SIGNATURE AND WAIVER .......................................................................................................... 21
APPENDIX 2: RESPONDENT PROFILE ............................................................................................................... 22
APPENDIX 3: RESPONDENT QUESTIONNAIRE .................................................................................................. 23
APPENDIX 4: RESPONDENT REFERENCES ........................................................................................................ 26
APPENDIX 5: PRICING ..................................................................................................................................... 27

23RFP-CS016

1.0 General
1.1

About the AER
The Alberta Energy Regulator (AER) ensures the safe, efficient, orderly, and environmentally
responsible development of the province's hydrocarbon resources over their entire life cycle.
This includes allocating and conserving water resources, managing public lands, and protecting
the environment while providing economic benefits for all Albertans.
The Board of Directors of the AER is accountable to the Ministers of Energy and Environment
for ensuring that the AER fulfills its statutory powers, mandate and function. Areas of
responsibility and accountability include making rules, governance, and advisory and corporate
roles. The Board is responsible for the general management and business affairs of the AER,
and its principal roles are stewardship and guidance.

1.2

Framework and Outline
The Audit and Finance Committee (AFC) of the Board of Directors of the Alberta Energy
Regulator (AER) is seeking an impartial third-party Contractor to enter into an agreement toprovide a review into AER’s actions surrounding the Kearl seepage and spill. The review will
examine AER’s processes and communication (internal and external) and determine if there
were any gaps in AER’s handling of these incidents and if so, provide recommendations for
improvement.

1.3

IntentAward
It is the intent of the AFC to negotiate and execute a service agreement with the Respondent(s)with the highest evaluated score. In the event that these negotiations should fail, the AFC may
enter into negotiations with the next-ranked Respondent(s). The AFC may find it necessary, andreserves the right at its sole discretion if deemed appropriate and beneficial, to select more than
one Respondent to perform the work contemplated in this RFP.
It is the purpose of the AFC to obtain a Proposal(s) most suitable to the interests of the AFC andwhat it wishes to accomplish, the AFC has the right to waive any minor or inconsequential
irregularity or insufficiency or non-compliance in any Proposal submitted and to accept the
Proposal which is deemed most favorable to the interest of the AFC.
Where reasonable to do so, the AFC may, as a condition of Proposal acceptance, request a
Respondent to correct a minor and inconsequential irregularity with no change in Proposal
prices. The determination of what is or is not a minor and inconsequential irregularity, thedetermination of whether to accept, waive, or require correction of an irregularity and the final
determination of the validity, will be at the sole discretion of the AFC.
Depending upon the results and outcome of the deliverables of the project, expressed herein,
additional related work is possible to occur whereupon the AFC reserves the right to either
utilize the services of the successful Respondent(s) for this additional work, subject to thesuccessful Respondent’s performance, funding availability and successful negotiation, or returnto the market with a new proposal.

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In other than a sole source situation, a single response (for example, a proposal from only one
Respondent to the RFP) may be deemed a failure of competition, and at the sole opinion of theAFC, the RFP may be cancelled.
Length of Agreement
The length of any initial agreement resulting from this RFP will be ONE (1) YEAR (“TheTerm”) from date of official acceptance and award by the AFC.
The successful Respondent(s) shall be evaluated throughout the course of the contract and future
extensions if applicable. Any assessment or findings will be shared with the Respondent(s), withthe goal of immediate and permanent resolution where concerns have been raised. The AFC
reserves the right to terminate the contract with the chosen Respondent(s) if it is deemed that
remedies cannot be established, and/or the work develops beyond the capacity of the successful
Respondent(s), wherein, the AFC reserves the right to approach the next highest rated
Respondent(s) for award.

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2.0 Request for Proposal Terminology
2.1

Definitions
Throughout this RFP, terminology is used as follows:“AER” means the Alberta Energy Regulator“AFC” means the Audit and Finance Committee of the Board of Directors of the Alberta Energy
Regulator“Alberta Purchasing Connection” (APC) means the Government of Alberta’s electronic
tendering system.
“Agreement or Contract” means any written agreement between a vendor and the AER for
the supply of goods and services, with pricing and/or discounts off a manufacturer publishedprice list resulting from this RFP.
"Business Day" means 8:00 a.m. to 4:30 p.m., MD/ST, Monday to Friday, excluding holidays
observed by the AER.
“Equivalent” means equal to or better than the functionality and performance of the item
specified in the RFP.
“Evaluation Team” means the individuals who will evaluate the proposals on behalf of the
AER.
“FOIP” means the Freedom of Information and Protection of Privacy Act.
“Goods” means the products proposed by the respondent, including all the components and any
products to be produced and/or any services to be provided under the Agreement.
"Mandatory" means a requirement that must be met in order for a proposal to receive
consideration.
"MD/ST" means Mountain Standard Time or Daylight Saving Time as provided for in the
Daylight Saving Time Act of Alberta.
“Optional” means a requirement not considered essential, but for which preference may be
given.
"Respondent" means an individual or a company that submits, or intends to submit, a proposal
in response to this Request for proposal.
“Proposal” means the respondent’s response to the RFP and includes all the respondent’s
attachments and presentation materials.
“Request for Proposal” (RFP) means this solicitation for goods and/or services including
attached appendices.
“Service Level” means the specific value of a service performance measure that indicates astandard of quality of service which must be attained or bettered.
"Services" means the contracted services as specified in the RFP and any resulting agreement
executed by the parties.
“Validation Period” means the period of time the goods proposed shall be provided to the
AER for Validation.

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"Vendor" means the successful respondent chosen by the AER and who enters into a binding
agreement with the AER in connection with this RFP.

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3.0 Request for Proposal Process
3.1

RFP Availability
Respondents must obtain this RFP directly from the Government of Alberta’s electronic
tendering system (Alberta Purchasing Connection [APC]). The APC website is:www.purchasingconnection.ca.

3.2

Changes to the RFP
The AFC reserves the right to modify the terms of this RFP at any time at its sole discretion. This
includes the right to cancel this RFP at any time prior to entering into an agreement with the highest
evaluated respondent.
The AFC can waive or change any of the stated requirements, at our discretion, by notifying all
respondents of the revision(s). In the event that there are modifications or additions to the RFP,
all respondents who have obtained the RFP from APC will be notified of those changes throughthe APC site.

3.3

RFP Schedule
Planning dates are subject to change at the discretion of the AER.

STEPS

DATE

RFP release date . . . . . . . . . . . . . . . . . . March 31, 2023
Questions accepted until . . . . . . . . . . . . . . April 6, 2023 at 14:00 MDT
Answers and clarification posted to APC . . . . . April 12, 2023
RFP closing date . . . . . . . . . . . . . . . . . . April 21, 2023 at 14:00:59 MDT
Evaluations completed by . . . . . . . . . . . . . TBD
Negotiations to be complete by . . . . . . . . . . TBD

3.4

Respondent Questions
All requests for clarification and questions regarding this RFP must be submitted in writing via
email to procurement@aer.ca. All questions or clarifications must be specific to this RFP, andmust include references to a specific section or schedule and item number.
It is further requested that all clarification and questions be received no later than April 6, 2023
14:00:59 Hours (MDT). All questions will be answered on or before April 12, 2023. Although
every attempt will be made, the AFC cannot guarantee that questions received beyond this time
period will be answered prior to the RFP closing time.

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If the AFC, in its sole discretion determines a response or clarification is warranted, a response
will be published in writing via AER Procurement, and included as an addendum to this RFP
prior to the closing date. The official response to all questions will be considered final. This will
ensure accurate, consistent responses to all Respondents. Only the written responses from theAFC, via AER Procurement, will be considered official and binding on this RFP.
The Respondent is responsible to seek clarification where they perceive ambiguity, divergence,error, omission, oversight, contradiction, or item subject to more than one interpretation in this RFP,
as it is discovered, and to request any instruction, decision, or direction required to prepare theproposal.
This RFP call contains all the requirements relating to this Proposal. Other information or
documentation provided to or obtained by the Proposer, from any other source prior to the close dateof this Proposal, has no force or effect in relation to this Proposal.

3.5

RFP Closing
This RFP will close on Friday April 21, 2023, at 14:00:59 MDT.

3.6

Proposal Submissions Requirements
1) All responses to this RFP will only be accepted through email.
2) Respondents will email the Technical & Commercial (pricing appendix 5) proposals
separately in PDF format, to the following email address: procurement@aer.ca . Your Proposal
submission shall include only two (2) file attachments as described above.
3) Proposals must be received no later than the RFP closing date and time.
4) The Signature and Waiver form in the RFP (Appendix 1) shall be completed, signed by anauthorized representative of the respondent, and included in the proposal.
5) No commercial (pricing) information shall be included in the technical information, andvice versa.
6) Respondents may not be in contact with the AFC regarding this RFP. All communication
between all Respondents and the AFC within the timeframe between the RFP posting date andthe date when the contracts is officially awarded on APC, must only be done through AER
Procurement. Any contact prior to evaluation will result in Respondent disqualification.
7) Failure to comply with all of the above instructions may result in disqualification as per the
AFC’s’s discretion.

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4.0 Proposal Terms and Conditions
4.1

GeneralAll responses to this RFP must be in English.
While the AFC has used considerable efforts to ensure an accurate representation of informationin this RFP, the information contained in this RFP is supplied solely as a guideline for respondents.
The information is not guaranteed or warranted to be accurate by the AFC, nor is it necessarily
comprehensive or exhaustive. Nothing in this RFP is intended to relieve respondents from forming
their own opinions and conclusions with respect to the matters addressed in this RFP.
Notice to a respondent that it has been identified as the highest evaluated Vendor, and thesubsequent written agreement executed by the Vendor and the AFC, will constitute a contract for
the goods and/or services. No respondent will acquire any legal or equitable rights, entitlement, or
expectation of benefit relative to the goods until both have occurred.
This document, or any portion thereof, may not be used by a respondent for any purpose other than
the submission of proposals.

4.2

Acceptance of Proposals
This RFP should not be construed as an offer to purchase or an agreement to purchase goods and/or
services. Notwithstanding anything contained in or arising from this RFP, the AFC is not bound toaward business to the respondent who submits the lowest priced proposal or to any respondent.
Proposals will be assessed in light of the evaluation criteria. The AFC will be under no obligation
to receive further information, whether written or oral, from any respondent.
By submitting a proposal, each respondent acknowledges and agrees that if the AFC elects to reject
all proposals, or chooses to end this RFP process without selecting a highest evaluated proposal,
the AFC will not be liable to any respondent for any claims of any nature or kind, including costs
or damages incurred by the respondent in preparing the proposal, loss of anticipated revenues or
profit in connection with any sale of goods and services, or any other matter whatsoever. By
submitting a proposal, each respondent agrees that it will not claim damages and hereby waives any
claim against the AFC, for whatever reason, relating to the award or refusal by the AFC to award
any work contemplated in this RFP or in respect of the competitive process, including but notlimited to any claim for loss of revenues or profits if the AFC does not award the work contemplatedby this RFP to the respondent.

4.3

Ownership of Proposals
All proposals submitted to the ard AFC become the property of the Board of Directors of the
AER.

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4.4

Consent to Collection and Use of Information
The Respondent consents, and has obtained the written consent from any individuals identified
in the proposal, to the collection and use of their confidential or personal information in the
proposal by the AFC and/or individuals providing services to the AFC to enable it to evaluate
proposals.

4.5

Confidentiality and Security of Information
The Respondent and the Respondent’s employees, subcontractors, and agents must:a) keep strictly confidential all information concerning the AER and any knowledge of thebusiness or activities of the AER acquired as a result of participation in this RFP and;b) only use, copy, or disclose such information as is lawful and necessary for the purpose ofsubmitting a proposal, unless otherwise authorized in writing in advance by the AFC.
The respondent shall maintain security standards, including control of access to data and otherinformation, consistent with the highest standards of business practice in the industry.

4.6

Indemnification
The successful Respondent by its acceptance of the agreement or purchase order, agrees todefend, indemnify and hold harmless the AER, its officers, employees and agents, from andagainst all loss or expense by reason of the liability incurred by the AER, its officers,
employees and agents, for damages because of breach of any term or condition of this Request
for Proposal and any resulting contract (if applicable), negligence, bodily injury, including
death, at any time resulting therefrom, sustained by any person or persons, or on account ofdamage to property, including loss of use thereof, arising out of or in consequence of theperformance of this contract.

4.7

Respondents’ Expenses
Respondents are solely responsible for all costs and expenses incurred in preparing a proposal,delivering a proposal, presentations and subsequent negotiations with the AFC, if any.

4.8

Irrevocability of Proposals
By submission of a clear and detailed written notice, the respondent may amend or withdraw its
proposal prior to the closing date and time. Upon closing time, all proposals become irrevocable.
The respondent will not change the wording of its proposal after closing and no words or comments
will be added to the proposal unless requested by the AFC for purposes identified in this RFP.

4.9

Proposal Validity
Proposals will be open for acceptance for at least 90 days after the RFP closing date. Prices will befirm for this period unless this RFP specifically states otherwise.

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4.10 Insurance and WCB
Before commencing performing the Services, the successful Respondent shall obtain, at its cost,and maintain throughout the Term:a) where available and applicable to the successful Respondent, Workers' Compensation
insurance or similar insurance in accordance with the statutory requirements of the Provinceof Alberta for all of its employees engaged in performing the Services herein. Where
Workers' Compensation insurance coverages or similar insurance is not available to the
Respondent, it shall provide to the AFC a letter outlining the reasons for lack of coverageand provide the AFC with proof of employer's liability insurance;b) at its own expense and without limiting its liabilities herein, insure its operations under acontract of either Comprehensive or Commercial General Liability with insurers licensed inAlberta in an amount of not less than $2,000,000 per occurrence (annual general aggregate,
if any, of not less than $2,000,000) insuring against bodily injury, personal injury andproperty damage or loss. Such insurance(s) shall include (1) products and completed
operations liability, (2) contractor's protective liability, and (3) blanket contractual liability;c) ensure that all such policies entered into pursuant to Section 4.10 (b), shall be written informs and amounts and upon terms acceptable to the AFC and in accordance with theInsurance Act of Alberta, as amended; andd) as evidence of all insurance required to be maintained under the Service Agreement, provide
certificates of insurance to the AFC and a letter from the Workers' Compensation Board ofAlberta stating that Contractor has an account in good standing with such Board.
If awarded Respondent fails to provide or maintain insurance as required by Section 4.10, theAFC shall have the right to terminate this agreement or subsequent service agreement.

4.11 Form of Agreement to Be Executed by the Vendor
The service agreement shall only establish the terms and conditions governing future projectwork, and does not represent a commitment to purchase. The Vendor will be expected to executethe standard form of the AER service agreement. A copy of this agreement can be found at:
http://www.aer.ca/documents/about-us/Procurement/AERServiceAgreementSample.pdf
By submission of a proposal in response to this RFP, each Respondent agrees that, should it be
identified as the successful respondent, it agrees to and will execute the standard form of the AER
service agreement. A copy of the AER service agreement is provided at
http://www.aer.ca/documents/about-us/Procurement/AERServiceAgreementSample.pdf
By responding to this RFP, each Respondent and the Vendor agrees that it will sign the AER service
agreement without alteration of any of its provisions. However, the AFC may, in its sole discretion,
consider reasonable changes to one or more terms of the AER service agreement proposed by a
respondent, provided the respondent clearly identifies them in the proposal and provides compelling
reasons that outline how or why the AER service agreement or a provision thereof is not appropriate
or applicable in the circumstances. Any changes to the AER service agreement proposed by a
respondent that are not included in its proposal may not be considered by the AFC. Each respondentand the Vendor acknowledge that, by responding to this RFP, they are bound to execute the AER
service agreement as detailed at:
http://www.aer.ca/documents/about-us/Procurement/AERServiceAgreementSample.pdf, in theevent the AFC does not agree to make changes as proposed by the Respondent or Vendor during
the tendering process.

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In submitting a proposal in response to this RFP, each Respondent acknowledges that any indicationof unwillingness to execute proposal of materially different terms than, and/or inclusion of any
licensing or other agreements in the proposal that contain terms that differ from or contradict the
AER service agreement may result in the AFC refusing to further consider the proposal without
notification or explanation to the respondent.
Each Respondent must also include in its proposal a sample of each licensing agreement, or any
other form of agreement, that it will request the AFC to sign if the Respondent is identified ashaving the successful proposal. Respondents must ensure that any additional agreements included
with the proposal do not contain terms that contradict any term or provision of the AER service
agreement and, if so, acknowledge and agree that any provision of the AER service agreement thatis inconsistent with or contradicts any provision of any additional agreement proposed by the
Respondent or Vendor will always take precedence. Respondents should be aware that contract
terms (including forms of agreement proposed by the respondent and requested changes to the AER
service agreement) will be considered as part of the proposal to meet the requirements of this RFP
and therefore may affect the AFC’s evaluation of the proposal.
In its sole discretion, the AFC may attach and incorporate all or any portion the proposal of the
Vendor into the final agreement governing the terms and conditions of the goods and services
provided by the Vendor.

4.12 Choice of Law and Forum
This RFP proposal submitted in response hereto, and any final agreement shall be construed andgoverned by the laws of the Province of Alberta and the laws of Canada in force in Alberta. Each
respondent shall and does hereby agree to attorn to the exclusive jurisdiction of the courts of theProvince of Alberta for all matters relating to this RFP and the RFP process established herein.
This RFP is subject to the New West Partnership Trade Agreement (NWPTA) and the World
Trade Organization Agreement on Government Procurement (WTO-GTA).

4.13 Negotiation Delay
If a written agreement cannot be negotiated and finalized within fifteen business days following
notification to the successful Respondent, the AFC may, in its sole discretion at any time thereafter,
terminate negotiations with that respondent and either negotiate an agreement with another
respondent submitting a valid proposal or choose to terminate the RFP process and not enter into
an agreement with any respondent.

4.14 Conflict of Interest
All response submissions must include full disclosure of all existing relationships that may pose aconflict of interest, or what could be perceived as a possible conflict of interest, if the respondent
were to become a contracting party pursuant to this RFP (refer to AER Service Contract, Part E).
Should a conflict of interest arise, the AFC, at its sole discretion, may disqualify the response
submission. Failure to disclose a potential conflict of interest in the submission may result in

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disqualification from the evaluation process or termination of any contract that has been awarded
as a result of the bid process.

4.15 Notification of AwardAt the conclusion of the RFP process, the outcome shall be posted on APC where all respondents
may view it. Unsuccessful respondents may request a debriefing meeting only with AER
Procurement , acting on behalf of the AFC. During a debriefing meeting the unsuccessful
respondent’s proposal may be discussed, but AER Procurement will not discuss the details or
the evaluation of other respondents’ proposals. The award posted on APC will include thetotal monetary value of the awarded agreement as well as the estimated value of thepermitted optional extensions and a contingency value (if applicable) for possible
amendments

4.16 Contractor Employees
Contractor's employees shall conduct themselves in a professional and competent manner at all
times that they are performing services. The AFC shall immediately notify the successful
Contractor, in writing, of any employee misconduct in the performance of the contract. In such
instance, upon being notified by the AFC of its claim of such employee misconduct, the Contractor
shall promptly investigate the claim and take appropriate corrective action to remedy the situation.

4.17 Parking
Contractors shall be responsible for any parking requirements while working at an AER location.

4.18 Freedom of Information and Protection of Privacy Act (Alberta)(FOIP)
Each respondent and the vendor acknowledges the following:a) The Freedom of Information and Protection of Privacy Act (FOIP) applies to all information
and records relating to, or obtained, generated, created, collected or provided under, thisRFP or the agreement and which are in the custody or control of the AER. FOIP allows any
person a right of access to records in the AER’s custody or control, subject to limited andspecific exceptions as set out in FOIP.
b) FOIP imposes an obligation on the AER, and through this RFP and the agreement on the
respondent, to protect the privacy of individuals to whom information relates. The
respondent shall protect the confidentiality and privacy of any individual’s personal
information accessible to the respondent or collected by the respondent pursuant to this RFPor the agreement.
c) The respondent, if it considers portions of its proposal to be confidential, shall identify thoseparts of its proposal to the AER considered to be confidential and what harm could
reasonably be expected from disclosure. The AER does not warrant that this identification

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will preclude disclosure under FOIP. The AER may not be able to meet the respondent’s
confidentiality expectations in every instance.
d) Materials produced by the respondent, in connection with or pursuant to this RFP or theagreement, which are or become the property of the AER pursuant to this RFP or theagreement, could be considered records under the control of a public body and could
therefore also be subject to FOIP before delivery to the AER. As such, the respondent must
conduct itself to a standard consistent with FOIP in relation to such materials.
e) For the records and information obtained or possessed by the respondent in connection withor pursuant to this RFP or the agreement, and which are in the custody or control of the
AER, the respondent must conduct itself to a standard consistent with FOIP when providing
the services or carrying out the duties or other obligations of the respondent under this RFPor the agreement.

4.19 Assignment
Neither party shall assign this contract or any monies to become due thereunder without the priorwritten consent of the other.

4.20 Vendor Dispute Process
Any award disputes or protests must be submitted in writing to AER Procurement within five (5)days of the award date. Failure to protest within this time period shall be deemed a waiver of allrights.
Written protests shall include the following:a) Name, address, telephone and fax number of complainant,b) Complainant’s or its representative’s signature,c) Reference competitive bid or contract number,d) Detailed documentation of the legal and factual grounds of the dispute, complete with copies
of relevant documents, ande) State dispute resolution expectation

4.21 Short-list
Based on initial evaluation scores, a possible short-list of potential Respondents may beestablished. Respondents selected for the short-list may be invited to make either formal
presentations regarding their Proposal to the Evaluation Team or provide an on-site
demonstration to validate that the proposed solution meets requirements. Short-listed
Respondents may also be invited to enter into a ‘best and final offer’ process pursuant to section
4.23.

4.22 Best and Final Offer
As there may be a variety of solutions proposed by the Respondents, the AFC may in its absolute
discretion choose to implement a ‘best and final offer’ process after the initial evaluation of
proposals, as described below.

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In the event that a shortlist of Respondents is developed in accordance with Section 4.22,
shortlisted Respondents may be given an opportunity to modify their responses or propose
additional services to the AFC. The AFC will inform shortlisted Respondents of the specificissues that it would like addressed in a modified proposal, and will clarify or revise relevant RFP
specifications in advance of submission of the modified proposals.
Any and all rate for services, add-ons, labour, rentals, maintenance, training, support, discounts
and incidentals must be issued with the initial proposal response. No revised rates shall be
submitted after the initial close date, April 21, 2023.

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5.0 Respondent Response Guidelines
5.1 Proposal Format
To facilitate ease of evaluation by the evaluation team, and to ensure each proposal receives fullconsideration, proposals should be organized in the following format using the section titles andsequence listed below (please refer to Section 3.6 for additional information):
File 1: Technical Proposala) Signature and Waiver form
Appendix 1 of this RFP is a mandatory requirement and must be completed and signed byan authorized representative of the respondent and included in the proposal.
b) Table of Contents
A table of contents listing all key sections of the proposal must be included.
All pages are to be numbered consecutively.
c) Executive Summary
The proposal shall include an executive summary of the key features of the proposal.
d) Respondent Profile
The respondent must provide full responses to all questions in Appendix 2.
e) Respondent References
Provided references and detailed responses to the items listed in Appendix 4.
f) Proposed business solution & response to RFP Requirements
Provided informative and detailed responses to the items listed in Appendix 3. Proposals
submitted in response to this RFP must address all items in Section 7.0g) Agreements
See Section 4.11 and document at:
http://www.aer.ca/documents/about-us/Procurement/AERServiceAgreementSample.pdf,h) Appendices
If the respondent wishes to include any other material not specifically requested by this RFP,
it may do so by including additional appendices in the proposal. Examples may include casestudies, white papers, client testimonials, reference material, etc.
File 2: Commercial Proposal (Pricing Information)i)

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Pricing
Respondents are encouraged to use the provided template in Appendix 5 or must include one
in the same format as part of their submission.

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6.0 Proposal Evaluation Process
6.1

Evaluation Process
The AFC will evaluate and score the proposals using the criteria and weightings described.
Respondents may not be in contact with the AFC regarding this RFP. Any contact prior toevaluation will result in Respondent disqualification.
During the evaluation process, the AFC, via AER Procurement, may contact a respondent toseek clarification in relation to any matter raised in the respondent’s proposal.

6.2

Evaluation and Selection
Proposals will be checked for compliance with the stated mandatory requirements. Proposals
that do not meet all the mandatory requirements will not be forwarded to the evaluationcommittee for evaluation. Those proposals meeting the mandatory requirements will be further
assessed against the evaluation criteria as stated in the RFP.

6.3

SECTION

MANDATORY CRITERIA

3.3, 3.5

Proposals received no later than the RFP closing date and time.

Appendix 1

Signature and Waiver form (Appendix 1) completed, signed by anauthorized representative and included in the proposal.

3.6, 5.1

Separation of technical and commercial (pricing) proposal in RFP
response.

PASS FAIL

Evaluation Criteria/Weightings
Proposals will be evaluated based on the criteria and weighting outlined below:

CRITERIA(1) Methodology for assessing the AER’s Incident & Emergency Response
Policies and Procedures Regarding the Seepage of Fluids from the Kearl
External Tailings Area and Spill from an Industrial Wastewater Storage
Pond between May 2022 and February 2023
(Section 7 & Appendix 3)

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WEIGHTING(%)

10Page 15 of 27

(2) Methodology for assessing the AER’s Investigation, Enforcement andCommunication Protocols (Internal and External) Regarding the Seepageof Fluids from the Kearl External Tailings Area and Spill from an
Industrial Wastewater Storage Pond between May 2022 and February 2023

10

(Section 7 & Appendix 3)(3) Methodology for assessing how the AER tracks, mitigates andcommunicates risks associated with Incident & Emergency Response
Events Regarding the Seepage of Fluids from the Kearl External Tailings
Area and Spill from an Industrial Wastewater Storage Pond between May
2022 and February 2023

10

(Section 7 & Appendix 3)(4) Respondent experience in providing similar services to public sector
and/ or private organizations (Section 7 & Appendix 3)• Regulatory, judicial or indigenous community experience. Independence
and impartiality

10(5) Experience and qualifications of assigned staff (Section 7 & Appendix
3)• Professional qualifications & affiliations• Experience with similar Canadian sectors (i.e., regulatory, energy,
government agencies)
Reputational credibility

30(6) Pricing (Appendix 5)• Pricing details – 25%• Adherence to AER’s Service Agreement Terms & Conditions – 5%

30

TOTAL

100

Out-of-province and international submissions will be accepted and considered for evaluation.

6.4

References
Respondents must include references of comparable organizations to which you have supplied
similar services. Please include at least three (3) references [Appendix 4] and the type of
products/services provided. Respondent cannot include any reference that is from the Alberta
Energy Regulator.
The AFC reserves the right to check the references of any and all respondents at any time during
the evaluation process and at our discretion. References may be contacted by phone and/or inwriting, and any information received will be used to assist in the evaluation of a Respondent’s
submission to this Request for Proposal.
The AFC reserves the right to consider the past performance of any Respondent when evaluating
References.
The AFC will not enter into a contract with any Respondent whose references, in the opinion of theAFC, are found to be unsatisfactory.

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6.5

PricingAny and all costs must be listed and detailed. Completely describe all prices (GST excluded),including initial and recurring costs, options, duty, labour, training, travel, discounts, etc., andin Canadian dollars.
Pricing will be quantified using the following pricing formula: Lowest priced Proposal /Proposed price x Weight = Score. The AFC reserves the right to quantify average pricing basedon price of services only, total price or other average price measurements.

6.6

Financial Statements
The Respondent(s) who is the highest evaluated or who are shortlisted may be required toprovide financial statements for the last three (3) years.

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7.0 Project Scope and Requirements
7.1

Introduction
The Audit and Finance Committee (AFC) of the Board of Directors of the Alberta Energy
Regulator (AER) is seeking an impartial third-party Contractor to enter into an agreement toprovide a review into AER’s actions surrounding the Kearl seepage and spill. The review will
examine AER’s processes and communication (internal and external) and determine if there
were any gaps in AER’s handling of these incidents and if so, provide recommendations for
improvement.

7.2

Scope
The scope of work is to review and provide recommendations on AER’s policies, standards,
procedures and communication processes for emergency response, incident reporting,investigation and action specifically during the period of the Kearl releases between May 19,
2022, and issuance of the Environmental Protection Order (EPO) on February 6, 2023.
The review will include, but not be limited to, identifying and assessing the AER’s policies,
standards and procedures in these areas:
•

•

•
•
•
•

Incident and Emergency Response, including, but not limited to, the following
questions:o What is the AER’s role when an incident is reported; does it or is it required toassess or verify the level of seriousness for each incident reported by industry?
o How does the AER assess different levels of emergency?
o Was Imperial’s Emergency Response Plan (ERP) activated? What is the AER’srole, if any, in ERP activation and was that followed?
Incident Notification, including, but not limited to, the following questions:o Was the notification process in the ERP followed?
o Are there any other standard notification processes, and did the AER follow
them?
Was the AER’s Incident Investigation protocol followed?
Were the AER’s Investigation Communication (internal and external) protocols
followed?
Was the AER’s Compliance and Enforcement processes and followed?
Did the Board have sufficient information to provide guidance and make appropriate
decisions?

The review will identify whether there are/were any gaps in AER policies and processes, andopportunities for improvement in the Kearl seepage and release situation. The review will
recommend corrective and improvement actions, as appropriate.
In addition to reviewing the content and implementation of these policies, standards andprocedures, the review will examine AER’s risk evaluation and incident communications
processes, to determine whether risks were properly evaluated and communicated with respect
to the Kearl seepage and release.

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Specifically, if policies, standards and procedures were not followed, the review will determine
the cause, and make recommendations for improvement.

The review will include:• A desktop review of relevant policies, standards and procedures.
• Interviews with relevant staff and management.
• Reviews of internal and external correspondence – emails, notices, orders, etc....

7.3

Communication Strategy
The successful Respondent shall participate in bi-weekly conference calls with the Audit &Finance Committee to provide updates on progress toward their corresponding deliverables.

7.4

Deliverables
The successful Respondent shall provide the following deliverables to the Audit and FinanceCommittee:• Final Findings and Recommendations shall be delivered 90 days after the date ofaward.

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APPENDICES

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Appendix 1: Signature and Waiver
23RFP-CS016
Third Party Review of the Actions at the Alberta Energy Regulator Surrounding the
Seepage of Fluids from the Kearl External Tailings Area and Spill from an Industrial
Wastewater Storage Pond

Issue Date: March 31, 2023

Closing Date/Time: April 21, 2023, 14:00:59 (MDT)Respondent Information
Legal name of respondent:
Address:
Contact:

Phone:

E-mail:This form shall be included as part of your response.
The Respondent hereby acknowledges that prior to submitting a response for this quote, the Respondent hasreviewed and agreed to all of the terms and conditions set out in this RFP.
The Respondent also consents, and has obtained written consent, of any individuals identified in the quotesubmission, to the collection and use of the information in the submission, by the AFC and/or individuals andproviding services to the AFC, to enable it to evaluate the quote.
By signing this form, the undersigned confirms they have the full authority to represent the Respondent in all mattersrelating to the RFP, and confirm that the Respondent agrees to be bound by all the Terms and Conditions.

Acknowledgement of Addenda Received (if Applicable)
The Respondent hereby acknowledges receipt of the following addenda and has modified their bid accordingly.
Check all that apply:
Addendum #1

Authorized Signature

23RFP-CS016

Addendum #2

Addendum #3

Name

Other: __________________________________ ______
Date

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Appendix 2: Respondent Profile
Respondents are welcome to use the electronic copy of this appendix that is included with the RFP on APC.

Basic Information
Name:
Current address:
City:
Phone:
Contact:

Province:
Fax:
Email:

Postal Code:
Website:Contact ph:

Structure and Profile
Form of Business (Corp, etc):
GST#:
Names of Officers
Titles of Officers

Years in business:

Financial (optional)
Bank Name:
Address:
City:
Email/Website:

Province:

Phone:
Postal Code:

Fax:
Province:

Type:
Email:
Postal Code:

Fax:
Province:

Type:
Email:
Postal Code:Other Locations/Offices
Address1:
Phone:
City:
Address2:
Phone:
City:
Name
Name

23RFP-CS016

Name
Name

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Appendix 3: Respondent Questionnaire
Please respond to questions listed in the table below. Respondents can find an electronic copy of thisappendix included with this RFP posting on APC. All responses must be addressed in the Respondent
Questionnaire. If additional information or space is required, it can be referred to a specific section of yoursubmission (page number must be indicated), as long as the main response has been given in the Respondent
Questionnaire. Failure to comply with such requirement may result in disqualification of a Proposal.

AER REQUIREMENTS SECTIONRESPONDENT SECTION

Line
Feature#Respondent's Response

1
1.1

Methodology for assessing the AER’s Incident & Emergency Response Policies andProcedures Regarding the Seepage of Fluids from the Kearl External Tailings Area andSpill from an Industrial Wastewater Storage Pond between May 2022 and February 2023
Describe in detail your methodology for assessing
the AER’s Incident & Emergency Response
Policies and Procedures applicable to the Kearlincident . What steps will you take to assess the
AER’s current processes and what steps, processes,
tools have you used before to provide
recommendations for improvement.

Describe the complexity of the approach, resources,
and length of time it takes to provide a review.
Identify the anticipated timeline to assess the AER’s
processes
and provide recommendations for
improvement.
1.3 Outline your approach (include timelines for phasesof work, estimated hours per phase, e.g., Gantt chart).
Please note - final findings and recommendations
must be delivered 90 days after contract award
1.2

2

Methodology for assessing the AER’s Investigation, Enforcement and Communication
Protocols (Internal and External) Regarding the Seepage of Fluids from the Kearl External
Tailings Area and Spill from an Industrial Wastewater Storage Pond between May 2022
and February 2023

2.1 Describe in detail your methodology for assessing the
AER’s response taken during the Kearl incidents,
includingInvestigation,
Enforcement
andCommunication Protocols when an incident isreported to the AER.
2.2 Outline your approach (include timelines for phases ofwork, estimated hours per phase, e.g., Gantt chart).
Please note - final findings and recommendations must
be delivered 90 days after contract award

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3

Methodology for assessing how the AER tracks, mitigates and communicates risks
associated with Incident & Emergency Response Events Regarding the Seepage of
Fluids from the Kearl External Tailings Area and Spill from an Industrial
Wastewater Storage Pond between May 2022 and February 2023

3.1 Describe in detail your methodology for assessing how
the AER tracks, mitigates and communicates risks,specifically with reference to the Incident &Emergency Response Events at Kearl.
3.2 Outline your approach (include timelines for phases ofwork, estimated hours per phase, e.g., Gantt chart).
Please note - final findings and recommendations must
be delivered 90 days after contract award

4

Respondent experience in providing similar services to public sector and/ or privateorganizations

4.1

Outline your experience in providing similar services
to both public and private sector organizations,particularly regulatory, judicial and indigenous
community experience. Include the number of yearsof consistent service you have provided.

4.2

Provide a statement on your independence andimpartiality with regards to this assignment,
considering real or perceived conflicts of interest with
the AER and/or affected and related parties.

5

Experience and qualifications of assigned staff

5.1

Provide details of your experience in providing similar
services – experiences can be with either private or
public organizations, regulatory,
judiciary orindigenous communities.
Provide up to 3 projects that were similar in nature alongwith their methodology. team size, timelines and end
result.

5.2

Provide details of qualifications and experience ofassigned staff in completing this type of assessment(staff resumes can also be attached to your RFP
response) and an organizational chart. Also indicate how
many staff would be used for this project, theiravailability to dedicate time, and the estimated hours per
staff member.

5.3

Corporate Identity – Please describe your company’s
background including year founded; offices andlocations; size of organization.

5.4

Provide a statement regarding your company’s
reputation and credibility with regards to thisassignment.

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6Service Agreement and Terms

6.1

Confirm or comment your willingness to adopt the
AER service agreement.
http://www.aer.ca/documents/aboutus/Procurement/AERServiceAgreementSample.pdf
Describe any changes that you would request in theservice agreement and provide a written rationale forthose changes.

6.2 Identify any concerns or limitations with respect tocompliance with AER conflict of interest matters that
includes but not limited to association and / or business
relationships to related and affected parties pertaining
to the entirety of the scope of work and intended
services (Section 4.14 and Part E and F of the AER
Service Agreement).

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Appendix 4: Respondent References
Respondents must include references of comparable organizations to which you have supplied similar
services. Please include at least three (3) references and the type of products/services provided. Respondent
cannot provide a reference that is from the Alberta Energy Regulator.
CLIENT REFERENCE #1
Company Name
Address
Contact Name

Title

Phone Number

email

Client Since (date)
Description of workthat is similar towhat is being
requested in thisRFP.

CLIENT REFERENCE #2
Company Name
Address
Contact Name

Title

Phone Number

email

Client Since (date)
Description of workthat is similar towhat is being
requested in thisRFP.

CLIENT REFERENCE #3
Company Name
Address
Contact Name

Title

Phone Number

email

Client Since (date)
Description of workthat is similar towhat is being
requested in this
RFP.

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Appendix 5: Pricing
Respondents are encouraged to use this template or must include one in the same format as part of theirsubmission. Respondents can find an electronic copy of this appendix included with this RFP posting on
APC.
Costing
Pricing is to be provided for each line item followed by a summary total.

Cost(CDN$)

Hourly rates (please list all applicable hourly rates)
Administrative rates
Travel, meals, and accommodation (if applicable or not included)
Other
Total

Pricing will be quantified using the following pricing formula: Lowest priced Proposal / Proposed
price x Weight = Score. The AFC reserves the right to quantify average pricing based on price ofservices only, total price or other average price measurements.

Payment Terms
PAYMENT TERMS

CASH DISCOUNT OFNET

IF PAID IN%

DAYS

Assumptions (if applicable): Please note any assumptions

During the term of any contract the AER may, at its discretion, seek Electronic commerce andpayment alternatives.

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