CONSEILLER SPÉCIAL/CONSEILLÈRE SPÉCIALE EN CRIMINALITÉ FINANCIÈRE

The Department of the Royal Canadian Mounted Police (RCMP), Federal Policing Criminal Operations (FPCO) has a requirement for specialized financial crime expertise required for criminal investigations within the RCMP Financial Crime program. In this capacity, the Financial Crime Special Advisor- (Subject Matter Expert-SME) will provide on an "as and when requested" basis, expert analysis, consultation and advice in regards to financial crime investigations. The purpose of this Advance Contract Award Notice (ACAN) is to signal the government's intention to award a contract for these services to John Ahern. Before awarding a contract, however, the government would like to provide other suppliers with the opportunity to demonstrate that they are capable of satisfying the requirements set out in this Notice, by submitting a statement of capabilities during the 15 calendar day posting period.
If other potential suppliers submit a statement of capabilities during the 15 calendar day posting period that meet the requirements set out in the ACAN, the government will proceed to a full tendering process on either the government's electronic tendering service or through traditional means, in order to award the contract.
If no other supplier submits, on or before the closing date, a statement of capabilities meeting the requirements set out in the ACAN, a contract will be awarded to the pre-selected supplier.
1.0 Background
Maintaining the confidence in Canada's financial integrity is a priority for the RCMP and the government of Canada. Economic integrity is a strategic priority for the RCMP, with a focus on preventing, detecting and deterring crimes that affect the Canadian economy. (i.e. Money Laundering, Market related crimes.) The utilization of a subject matter expert will strengthen the RCMP’s financial crime programs ability in combating these types of crimes.
2.0 Requirement
The RCMP has a requirement for one (1) Financial Crime Special Advisor- SME specialized in financial crime matters within the context of Criminal Code offences and Acts that may affect Canada’s financial integrity. The Financial Crime Special Advisor must have complete understanding of financial crimes in order to be able to identify patterns, links, trends, gaps and to provide subject matter expertise.
The Subject Matter Expert is responsible for:
1. Providing operational advice on interpreting laws and documents;
2. Drafting or reviewing documents to ensure correctness and completeness;
3. Reviewing financial crime case files for completeness;
4. Examining opinions and decisions of outside counsel;
5. Reviewing and interpreting case law as it applies to financial crimes;
6. Anticipating civil ramifications of financial crime related actions and activities;
7. Assisting in financial crime investigations;
8. Acting as liaison between financial crime investigators and counsel.
3.0 Tasks
Tasks required to be performed and deliverables provided by the Financial Crime Special Advisor SME will vary depending upon the nature of the assignment and may include but not limited to the following:
a. conduct investigative assignments given by authorized Officer-in-Charge
(OIC) personnel;
b. advise financial crime investigators in assessing facts surrounding alleged financial
crimes and provide advice and input to investigators from an expertise
perspective. These tasks may occasionally include interviewing witnesses and possibly
suspects.
c. meet with clients, stakeholders and partner agencies to review possible cases to determine the
best venue in which to investigate same. (i.e. Criminal or regulatory);
d. review case facts as collected by financial crime investigators and act as a Crown expert witness
in relation to financial crime;
e. assist in the preparation of search warrants by offering expert opinions on specific case
facts. These opinions will be included in affidavits to obtain judicial authorizations;
f. prepare comprehensive expert reports for investigations and/or court purposes which
outline the scope of assigned work, appropriate analysis and expert conclusions;
g. testify in court for criminal and/or regulatory enquiries and render opinions where
applicable.
h. provide training sessions on financial crime topics to financial crime investigators as requested;
i. work in conjunction with other RCMP units, sections, branches or directorates or other
law enforcement and government agencies, domestically and internationally and;
j. any other duty required to determine and formulate advice to financial crime investigators on
what evidence is required to prove the elements of an offence, i.e.) what evidence might
exist; where to find relevant evidence; how to interpret the evidence gathered; who to
interview; what to ask them; and, the significance of the non-existence of certain
evidence.
k. Any other related tasks.
4.0 Location of Work
The Financial Crime Special Advisor - SME must be able to work from the RCMP Headquarters, E Division located at 14200 Green Timbers Way, Surrey, British Columbia between the hours of 8am to 4pm Monday to Friday, and such as additional hours as the RCMP may reasonably require.
5.0 Travel & Living Expenses
All travel outside of a radius of 50 kilometres of the work location shall be reimbursed with prior authorization from the Technical Authority.
Canada will not accept any travel and living expenses incurred by the Contractor as a consequence of any relocation required to satisfy the terms of any resulting Contract.
Domestic and International travel is an anticipated requirement of this contract.
6.0 Language of Work
The SME must be fluent in the English Language both orally and in writing.
7.0 Contract Period
The proposed contract is from date of contract award for a period of one year with the option of extending the contract by four additional one year periods.
8.0 Estimated Value
The estimated value of the initial period of the contract is $217,600.00 (GST/HST extra).
9.0 Minimum Essential Requirements
Any interested supplier must demonstrate by way of a statement of capabilities that it meets the following requirements:
Education:

An undergraduate University degree from an accredited University.
A Masters Degree from an accredited University in Liberal Arts, General Arts, Business, Commerce or Law from an accredited University.
A Bachelor of Laws from an accredited University.
Must have completed the Canadian Securities Course

Professional Designations –
Certified Fraud Examiner (CFE)
Other:

Must have a minimum of ten (10) years demonstrated experience working in the field of Law Enforcement (Peace Officer status).
Must have a minimum of fifteen (15) years combined demonstrated experience working as crown counsel and/or senior Crown Counsel.
Must have a minimum of ten (10) years combined demonstrated experience working in complex[1] criminal prosecutions in the area of financial crimes, proceeds of crime, securities and financial markets.
Must have a minimum of ten (10) years demonstrated experience teaching /presenting in the area of law and financial crimes.
Must have a minimum of ten (10) years demonstrated experience in the capacity of providing consultation/advice as it related to criminal matters and in the area of major case management.
Must be available to work in Surrey, British Columbia.

10.0 Security Requirement:
The resource must be able to obtain an RCMP Top Secret Security Clearance.
11.0 Name and Address of Proposed Vendor
John Ahern
John N. Ahern Law Corp.
890 West Pender St. Suite 600
Vancouver, B.C.
V6C 1J9
12.0 Exemption to the Government Contract Regulations
Part 1, Section 6 (d) of the Government Contract Regulations is being invoked in this procurement as the only one known person or firm that is capable of performing the contract.
13.0 Trade Agreements
This requirement is not subject to any Trade Agreements.
Financial services are exempt from coverage under the North American Free Trade Agreement, Annex 1001.1b-2: Schedule of Canada Services Exclusions by Major Service Category, L. Financial and Related Services, All Classes, the WTO (Agreement on Government Procurement) Chapter Five - Government Procurement, Article 504: Scope & Coverage, #11. (h) procurement of: (i) financial services respecting the management of government financial assets and liabilities (i.e. treasury operations), including ancillary advisory and information services, whether or not delivered by a financial institution and the Canadian Free Trade Agreement, Annex 520.1, Procurement Exceptions, B. Exceptions and Notes. #1, (l) of financial management consulting services of a confidential nature.
14.0 Justification for the Pre-Selected Supplier
John Ahern meets the minimum essential requirements and is believed to be the only known consultant capable of performing the duties outlined in the Statement of Work.
15.0 Intellectual PropertyAny Intellectual property arising from this contract will rest with the Contractor.
16.0 Submission of Statement of Capabilities
Suppliers who consider themselves fully qualified and available to meet the specified requirements may submit a statement of capabilities via email to the Contracting Authority 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. Statement of capabilities received after the mentioned date will not be considered.
The RCMP’s file number must appear in the title of the email submission.
17.0 Closing Date and time for Submissions:
The closing date and time for accepting statements of capabilities is May 16, 2018 @ 2:00 pm EDT.
18.0 Responsible Contracting Officer:
Inquiries and statements of capabilities are to be directed to:
Diane Perkins
Procurement and Contracting Branch
73 Leikin Drive, Building M1
Ottawa, Ontario
K1A OR2
E-mail: d••••••••@••••••••.••.ca
Telephone: 613-843-5904
Facsimile: 613-825-0082
The Crown retains the right to negotiate with any supplier on any procurement.
Documents may be submitted in either official language of Canada.
The RCMP has published its National Procurement Plan at http://www.rcmp-grc.gc.ca/en/rcmp-national-procuremen…
The RCMP has adopted the Integrity Regime administered by Public Services and Procurement Canada. As a result, the integrity provisions are being applied in RCMP contracting activities as outlined in this solicitation.
Canada will make available Notices of Proposed Procurement (NPP), bid solicitations and related documents for download through the Government Electronic Tendering Service (GETS) at http://www.buyandsell.gc.ca/tenders. Canada is not responsible and will not assume any liabilities whatsoever for the information found on websites of third parties. In the event an NPP, bid solicitation or related documentation would be amended, Canada will not be sending notifications. Canada will post all amendments, including significant enquiries received and their replies, using GETS. It is the sole responsibility of the Bidder to regularly consult GETS for the most up-to-date information. Canada will not be liable for any oversight on the Bidder's part nor for notification services offered by a third party.
[1] Complex criminal prosecutions are characterized by: (1) difficult, often novel legal issues; (2) high volumes of witnesses, documentary evidence, and other evidence; (3) a greater possibility of a jury trial; (4) lengthy (multi-week or multi-month) trials; (5) larger teams of prosecutors which must be managed by lead counsel; (6) high pubic profile and media interest.