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Local agent Expressions of Interest FAQs
Can a registered non-profit society respond to the call for Expressions of Interest (EOI)?
Why was $55 per application chosen for the contract amount?
Do some locations have more criminal applications than others because of proximity to nearby jails?
Are local agents required to provide services from both an office location and the courthouse(s)?
Will existing courthouse intake offices be available for local agents to use?
Will surplus LSS furniture, equipment, or computers be available to local agents?
Will local agents be responsible for computers and supplies used by duty counsel?
Would LSS allow staff to be self employed and under contract to the local agent?
Can the local agent engage with former LSS intake workers?
Is a reference from the relevant local Canadian Bar Association section an asset?
Who pays for required signage and advertising?
Can a candidate be co-housed with an agency that operates a program with funding from MCFD?
What is the preferred format for the submission?
Can a registered non-profit society respond to the call for Expressions of Interest (EOI)?
No. As stipulated in the Guidelines for Submitting an Expression of Interest, qualified lawyers or law firms, professional corporations or partnerships, or other legal entities that have at least one qualified lawyer on staff or contracted may submit an EOI. "Legal entity" in this context refers to a law-related organization, such as a law school.
LSS can contract with a lawyer who is an employee of a society, agency, or organization.
Can local agents take more than two referrals a year (paragraph 16, page 27), meaning could the local agent run a legal aid practice as well?
Yes. Paragraph 8 in Schedule "A" (page 26) states "Where there is coverage for the legal problem, refer approved applicants to lawyers who have an LSS Vendor Number on an equitable basis."
Local agents may issue referrals to themselves so long as the local agent has a vendor number, and he/she is issuing referrals on an equitable basis. Local agents must also issue duty counsel referrals on an equitable basis.
Would LSS consider a contract that provides for a final contract price based upon the actual number of applications eventually received? That is, could the contract price shown in Schedule E be increased if the number of applications exceeds the estimate?
The estimated applications per year are based on analysis that took into account the volume of applications in the last three years and current application trends. LSS may provide a percentage increase during the term of the contract, if funding is available, when the actual volume of applications exceeds the estimate.
Why was $55 per application chosen for the contract amount?
Costing is inclusive of all services and reflects what is currently being paid to comparable locations with similar volumes of applications.
Do some locations have more criminal applications than others because of proximity to nearby jails?
The majority of in-custody calls from jails are handled through the provincial Call Centre. The proportion of criminal applications to other applications is similar in each of the locations. Variations are not substantial.
Shouldn't locations with a higher proportion of family applications get more funding because family applications take longer?
The proportion of family applications to other applications is similar in each of the locations. Variations are not substantial.
Are local agents required to provide services from both an office location and the courthouse(s)?
The anticipated volume of applications in these locations includes applications made through regional centre offices and courthouses. Services must be provided from at least one office location and, if possible, the courthouse(s) in the location. Courthouse intake is subject to approval by court services continuing to make the space available to the local agent. Support from court services for the candidate should be indicated in the EOI.
Providing services from additional offices or through partnerships with community agencies would be considered value-added.
Will existing courthouse intake offices be available for local agents to use?
It is the responsibility of candidates to negotiate use of courthouse space.
Will local agents be responsible to schedule duty counsel for courthouses beyond their location? Will local agents be responsible for scheduling duty counsel that is currently being done centrally by LSS?
Generally, duty counsel scheduling and the associated issuing of referrals is the responsibility of the local agent in each location. This may include nearby courts in outlying communities.
What number of hours of service must be provided in each of the locations noted in the Guidelines for Submitting an Expression of Interest?
We leave it to the candidate to make a proposal regarding the number of hours per week that his or her office(s) and courthouse locations will be open for the provision of services described in the contract. Working a 35-hour week, a fully trained intake worker should be able to process between 1,000–1,200 applications a year.
Hours noted on page 27 of the Guidelines for Submitting an Expression of Interest are examples only.
Actual hours in each location will be noted in the contract for each location. Note that the distribution of hours and the location of services may be changed by mutual agreement to improve access to services at any time during the contract term.
If an office is not accessible to all persons with disabilities, will alternative means of service access be acceptable as is the current policy?
The critical issue for LSS is that all persons with disabilities have a means of accessing local agent services. While LSS would prefer that candidates have fully accessible facilities, this is not a mandatory requirement. Candidates are expected to provide information on alternative arrangements and their communication plan for providing access to clients with disabilities.
Will surplus LSS furniture, equipment, or computers be available to local agents?
LSS may be able to provide information about what furniture, equipment, or computers may be available in late January. Candidates should not depend on the prospect of acquiring any LSS materials.
Will local agents be responsible for existing LawLINK computers; i.e., stand-alone computers built into kiosks?
LawLINK kiosks will not be the responsibility of local agents.
Providing space in your office would be a ‘value-added’ service for local agents, as would providing a stand-alone computer to be used by clients to view and download information from the LSS and other websites.
Will local agents be responsible for computers and supplies used by duty counsel?
No. Responsibility for computers and supplies used by duty counsel will remain with LSS.
Would LSS allow staff to be self employed and under contract to the local agent?
The local agent is responsible for complying with all applicable employment legislation and paying workers’ compensation coverage through WorkSafeBC (paragraphs 13.4 & 13.5, page 21). LSS does not dictate how local agents engage their human resources.
The local agent may assign or subcontract with other persons or entities to deliver services with the prior written consent of LSS, provided the person or persons chosen by the local agent meet(s) the qualifications and standards required by LSS in the Guidelines for Submitting an Expression of Interest (paragraph 7.1, page 18).
Can the local agent engage with former LSS intake workers?
Yes. The candidates and their employees’ experience, training, and past performance are one element of desirable criteria noted in the Guidelines for Submitting an Expression of Interest (page 11).
Is a reference from the relevant local Canadian Bar Association section an asset?
Two references from members of the legal profession are required. Candidates are encouraged to select references that best support their response to the call for EOI.
What is the difference between "summary advice," noted in "Desirable Criteria" under "Methodology for Service Delivery" # 7 on page 11 and pro bono summary legal advice noted in "Value-Added Services..." #3 on page 13?
Local agents are required to provide a minimum of two hours per month pro bono, which may include providing summary advice. Candidates need to explain their methodology for providing the service and may offer added value by providing more than the minimum required.
Who pays for required signage and advertising?
The local agent is responsible for advertising “within the Services Area the nature and availability of the services” (Schedule A, paragraph 1, page 26). Community advertising includes signage that LSS may supply (paragraph 3.6, page 17). LSS covers advertising costs related to local agent information on the LSS website, LSS print materials, and the Yellow Pages.
Could the letters of reference be from judges or others who are not lawyers because the applicant may not have worked in a firm with other lawyers who would be in a position to do the reference letter as contemplated in Appendix “C”?
Candidates can submit references from members of the legal profession, including judges and local CBA section presidents, who can best respond to the requirements in Appendix “C”. LSS will consider non-legal profession references where the candidate has provided an explanation for the variation to the requirements noted on page 5 of the Guidelines for Submitting an Expression of Interest.
Is a local agent required to have a physical presence in a location when they have an office in another location that is within 250 kilometres?
Yes. The expectation is that intake and information services will be provided from an office or offices in Kamloops. A candidate may open an office in Kamloops or propose using premises within Kamloops occupied by a third party, community centres, women’s group centres, and transition houses or Aboriginal organization sites, or another law office (page 9).
What are the requirements for the type and level of insurance? Is the local agent responsible for the cost of all insurance?
The local agent is responsible for the cost of all insurance identified in paragraph 17.1 (page 23). Candidates are advised to identify the level of general liability and property insurance coverage they will provide.
What financial information needs to be submitted with the EOI? Does LSS require a projected budget, an audited financial statement, etc.?
Candidates are not required to submit financial information with the EOI. Paragraph 15 (page 22) outlines the financial reporting requirements for local agents.
Can a candidate be co-housed with an agency that operates a program with funding from MCFD?
It is possible for a local agent to provide services in this type of situation provided all requirements for confidentiality be met (Paragraph 12, page 20).
What is the preferred format for the submission?
Any of the formats outlined on page 3 of the Guidelines for Submitting an Expression of Interest are acceptable. Note that submissions are to be made to the attention of Eugene Wandell, Manager of Finance and Administration. Submissions can be e-mailed in PDF format to bids@lss.bc.ca.
What does "equitable distribution" of referrals and duty counsel assignment mean? What criteria is the local agent to apply?
When clients do not request a particular lawyer, or the requested lawyer is not available, the local agent is required to equitably allocate referrals to other lawyers. The local agent selects from a list of lawyers in the Case Management System (CMS), which identifies lawyers next in line for referrals based on their areas of practice and availability.
In most locations, local agents canvas local lawyers to schedule duty counsel assignments. Local practice varies — offices schedule in three, six, or even full-year blocks. The response from local lawyers is considered in determining equitable distribution of assignments.