6. KEY
PROVISIONS
It is the OPC’s expectation that all Legal Agents
(individually and as members of a team) will have the necessary level of
competence, expertise and experience to provide the requested legal services
commensurate with the nature and complexity of the legal issue(s) involved.
Selection is based on the premise that the OPC expects the highest quality of
legal services and advice consistent with the reasonable demands of economy,
efficiency and effectiveness.
The OPC expects Legal Agents to uphold the highest standards
of personal and professional conduct. Legal Agents must obey the law, be
compliant with federal government policies and must act with integrity,
fairness and impartiality at all times. Legal Agents must honour their professional obligations as lawyers, and
avoid any real or perceived conflict of interest.
Hourly billing rates for legal services are negotiated on a
case-by-case basis. Generally, the OPC will use the Department of Justice Legal
Agent rates of remuneration as stipulated on their website or higher rates as may be reasonable and justifiable. Alternate billing arrangements may be
negotiated with Legal Agents, which include flat fees, block billings, lump sum
payments, and blended rates.
The OPC expects Legal Agents to be fiscally responsible and
follow recommended and cost-conscious file handling practices and comply fully
with administrative provisions, billing guidelines and fee and disbursement
policies.
Every team member (both counsel and legal assistants for
whose work counsel is responsible) is expected to strive to contribute
significantly toward excellent results that fully meet the operational
requirements of the OPC.
It is the OPC’s expectation that a Respondent expressing an
interest in being considered for a Legal Agent appointment, must at a minimum
be willing to commit to ensuring:
- that it
carries valid law-practice insurance in the province(s) or territory(ies) in
which the Respondent conduct their practice, in compliance with the
requirements of the relevant law society(ies) or bar association(s);
- that it
complies with the federal government’s conflict of interest guidelines, which
seek to ensure that contracts with the private sector meet the highest ethical
standards;
- that each
member of the Respondent’s team providing legal services to the OPC be active
members in good standing of a provincial or territorial bar;
- that each
member of the Respondent’s legal team and all members of their staff who will
require access to documents relating to work assigned will be in compliance
with the security requirements identified in this EOI; and,
- that it
complies with certain technology standards as defined by the OPC and as
stipulated in any resulting contract for legal services with the OPC.
The OPC is subject to the Access to Information Act and the
Privacy Act. All information submitted pursuant to this EOI process shall
become the property of the OPC. All information received pursuant to this EOI
will be held in confidence, subject to any applicable disclosure provisions of
the Access to Information Act, the Privacy Act, or other applicable
legislation.
In accordance with the Government Security Policy (“GSP”),
all individuals who require access to sensitive federal government information
and/or assets must have, at a minimum, a Reliability Status type security
screening. All authorized counsel as well as members of their staff who will
require access to OPC files must therefore have, at a minimum, a Reliability
Status type security screening. In certain circumstances or for special cases
where access to classified government information or assets will be required,
Legal Agents and relevant members of their staff will require a higher level
Security Clearance prior to being permitted such access.
Records created during the conduct of assigned legal work
are the property of the OPC. In accordance with the GSP, OPC file records must
be properly secured at all times and they must only be accessible to personnel
with the appropriate federal government security screening and/or security
clearance.
Security requirements are defined on a case-by-case basis.
The OPC will provide direction and facilitate the required clearance
application(s) for selected Legal Agents. Legal Agents must commit to ensuring
compliance and cooperating fully with screening processes and procedures, and,
obligations pertaining to the maintenance of active files and the return of
closed files. Security requirements as well as supporting instructions and
procedures may be defined through the contract for services and/or statement of
work, as well as through instructions provided by the Instructing counsel
during the contract period.
Where applicable, prior to and throughout the appointment as
Legal Agent, the OPC may require firms to substantiate compliance with the
above key provisions.
