Who’s telling truth about “explicit” TV content for convicts?

It’s hard to tell who has it right when it comes to “explicit” entertainment that is accessible to roughly 15,000 convicts in more than 50 federal penitentiaries across Canada. Frederik Boisvert, a spokesman for Public Safety Minister Steven Blaney was quoted today in a Postmedia News story as saying that his former boss, Vic Toews, instructed Corrections Canada “to eliminate sexually explicit television programming.” Said Boisvert: “We have been assured that prisoners cannot access this material.” This unequivocal claim appears to be contradicted by a procurement notice posted in May this year on a website that advertises government contracts that are open to bidders. The notice, for a $1.7-million contract to provide cable TV service to nine federal penitentiaries in British Columbia, noted that the service could not feature “sexually explicit” adult channels, but some basic channels could contain “explicit content.”

In the Postmedia story, Boisvert made it clear that the minister’s office had intervened with Corrections Canada to ensure that prisoners can’t access explicit content on the television services they pay for.

Frederik Boisvert, a spokesman for current Public Safety Minister Steven Blaney, said in an email Wednesday that it is “completely unacceptable” for convicted criminals to have access to sexually explicit programs.

“That’s why the previous minister of public safety instructed prison officials to eliminate sexually explicit television programming. We have been assured that prisoners cannot access this material,” Boisvert said.

Asked if this meant that there is, in fact, an absolute ban, Boisvert replied: “It is our understanding that no access to sexually explicit materials is permitted.”

And here’s the tender document calling for the provision of cable TV service to the nine pens in B.C. that would include at least 60 channels.

Sexually explicit channels are prohibited, and shall not be included in the list of channels … No adult programming shall be included in the Cable services. Some channels under Classic Cable will have explicit content but are not considered adult programming. There will not be any possibility of accessing the internet with any of the equipment installed.

A full copy of the tender notice appears below, since it’s unclear if the notice will remain online indefinitely. The tender notice was published May 27 and the bidding closed on June 10. The notice indicated that the government intended to award the contract to Shaw. The tender notice has been updated twice, the online listings indicate, on August 23 and also on July 12, well after the tender closed and after the contract, a five-year deal in place until 2018, was supposed to take effect.

The Postmedia story noted that Corrections Canada refused to confirm Boisvert’s statement that convicts do not have any access to explicit material. Perhaps the minister’s office isn’t quite up to speed on the latest TV tender calls.

Here’s the complete tender notice:

Television Viewing – ACAN






Tender Notice








Status

Publishing status
Awarded
Days to closing
1 month 5 days ago


Dates

Publication date
2013/05/27
Date last updated
2013/07/12
Date closing
2013/06/10 14:00 EDT
Reference Number
PW-13-00123476
Solicitation number
21801-13-0132
Region delivery
British Columbia


Details

Notice Type
Advance Contract Award Notice (ACAN)
GSIN







Description


Television Viewing

An advanced contract award notice (ACAN) is a public notice indicating to the supplier community that a department or agency intends to award a contract for goods, services or construction to a pre-identified supplier, thereby allowing other suppliers to signal their interest in bidding, by submitting a statement of capabilities. If no supplier submits a statement of capabilities that meet the requirements set out in the ACAN, on or before the closing date and time stated in the ACAN, the contracting officer may then proceed with the award to the pre-identified supplier.

1. Definition of requirement:

The Correctional Service Canada has a requirement to provide a viable and balanced CATV signal throughout the various Institutions of the Correctional Service of Canada location outlets.

The work will involve the following:

1.1 Objectives:

The service must be provided using the currently installed coaxial cable infrastructure.
All-inclusive fixed price for fees, for the services herein described.
Sexually explicit channels are prohibited, and shall not be included in the list of channels.
There will not be any possibility of accessing the internet with any of the equipment installed.
To provide a viable and balanced CATV signal throughout the Pacific Region to 1600 CATV outlets

1.2 Tasks:

The main CATV feed for the service to the fence. From there the feed will be distributed and amplified, as required, to provide a viable, balanced 0dB signal to each of our 1600 CATV outlets.
The conduits, cables, wires currently existing on the property shall remain the property of CSC and will be maintained by the sites. Any communication facilities, hardware and/or equipment on the premises installed by or on behalf of the Contractor on, in or to the premises shall remain the sole and exclusive personal property of the Contractor.
The stations to be provided must include a minimum choice of SIXTY channels. Included in the sixty channels must be the following bulk channel lineup options available for sites to choose:
Option 1 Basic Cable 2-28
Option 2 Classic 2-58
Option 3 Classic +Movie Central (MC 1, 2, 3, & 4 (HBO Canada)) + Speed and Encore Channels

No adult programming shall be included in the Cable services. Some channels under Classic Cable will have explicit content but are not considered adult programming.
There will not be any possibility of accessing the internet with any of the equipment installed.
• Outlet counts will occur twice per year in February and September, or if there is a significant decrease or increase of (20%) of the population.
• Shared accommodations will only be charged for one outlet.
• All Vesima equipment will be provided by Shaw as required.
• Five Year (5) Agreement no price increases.
• This contract is an inmate paid Agreement.

1.3 Maintenance:
Any work or maintenance must be performed during hours agreeable to both the contractor and the Project Authority, and done such that there will be a minimum of impact to the normal institutional routine. All work and requests from the contractor will be addressed to the Project Authority and or their delegate.
1.4 Performance standards:

Speed/timeliness of service delivery or work completion;
Technical conformity of the work to specifications (i.e. accuracy and completeness);

1.5 Paper consumption:

a. Should printed material be required, double sided printing in black and white format is the default unless otherwise specified by the Project Authority.

b. The Contractor must ensure printed material is on paper with a minimum recycled content of 30% and/or certified as originating from a sustainably managed forest.

c. The Contractor must recycle unneeded printed documents (in accordance with Security Requirements).

1.6 Constraints:

1.6.1 Conflict of interest:

A. Contractor and the Contractor's Personnel shall have no direct or indirect financial or other interest that would constitute a conflict of interest in the performance or the outcome of the work. Should such an interest be acquired during the performance of the work, the Contractor shall declare it immediately to the CSC PA, who will determine, at his sole discretion, whether it constitutes an unfair advantage or creates a conflict of interest.

B. Contractor, any of its subcontractors, any of its respective employees or former employees who are involved in any manner in the work under the contract will not be able to bid, or provide assistance to any bidder, on any request for proposal resulting from the work under the contract.

1.6.2 CSC business environment:

A. The Contractor shall note that the environment in which CSC conducts its operations to meet its mandate may change quite rapidly, depending on legislative or policy changes or incidents related to correctional operations. The CSC may request that the Contractor modify the deliverables to be produced under the contract, in response to these changes.

B. Entry to the sites will be allowed to only those who have been successfully cleared for such access and a list of all tools and equipment to be utilized will be provided to the officer in charge of the Principal entrance.)

1.7 Location of work:

a. The Contractor must perform the work at for the number of outlets:

1. Kwìkwèxwelhp Institution
15700 Morris Valley Rd.,
Agassiz, BC
V0M 1L0
Number of outlets: 48

2. Ferndale Institution
33737 Dewdney Trunk Road
PO Box 50, Mission BC
V2V 4L8
Number of outlets: 133

3. Kent Institution
4732 Cemetary Rd,
PO Box 1500, Agassiz, BC
V0M 1A0
Number of outlets: 292

4. Matsqui Institution
33344 King Rd,
PO Box 2500, Abbotsford BC
V2S 4P3
Number of outlets: 285

5. Mission Institution
8751 Slave Lake Rd,
PO Box 60, Mission, BC
V2V 4L8
Number of outlets: 250

6. Mountain Institution
4830 Cemetary Rd,
PO Box 1600, Agassiz, BC
V0M 1A0
Number of outlets: 276

7. Regional Health Centre
33344 King Rd,
Po Box 3000, Abbotsford, BC
V2S 4P4
Number of outlets: 372

8. Fraser Valley Institution for Women
33344 King Rd,
Abbotsford, BC
V2S 6J5
Number of outlets: 41

9. William Head Institution
6000 William Head Rd,
Victoria, BC
V9C 0B5
Number of outlets: 130

• Subject to change based on population
• Inmate Paid services

b. Travel

i. No travel is anticipated for performance of the work under this contract.

1.7.2 Language of Work:

The contractor must perform all work in English.

1.7.3 Security Requirements:

All of the Contractor’s personnel who will be visiting CSC Penitentiary institutions will be submitted to verification through the Canadian Police Information Centre (CPIC) at the institutions’ entrances.

2. Minimum essential requirements:

Any interested supplier must demonstrate by way of a statement of capabilities that it meets the following requirements:

1. Must be able to use current infrastructure to set up the service.
2. Must be able to obtain security requirements to enter a CSC instittution

3. Applicability of the trade agreement (s) to the procurement

This procurement is subject to the following trade agreement (s):
Agreement on Internal Trade (AIT), North American Free Trade Agreement (NAFTA), Canada-Peru FTA, and Canada Columbia FTA.

The procedural requirements of the other international trade agreements will be fulfilled following compliance to the procedural requirements of NAFTA and/or the WTO-AGP.

4. Set-aside under the Procurement Strategy for Aboriginal Business

This procurement is not subject to any set-asides for Aboriginal Suppliers.

5. Comprehensive Land Claims Agreement

This procurement is not subject to a Comprehensive Land Claims Agreement.

6. Justification for the Pre-Identified Supplier

Shaw Cable Systems is the only source capable of successfully performing the work as they possess the capability to provide the essential requirements for CSC - Pacific Region

7. Government Contracts Regulations Exception(s)

The following exception to the Government Contracts Regulations is invoked for this procurement under subsection:
6 (d) only one person is capable of performing the contract.

8. Exclusions and/or Limited Tendering Reasons

The following exclusion (s) and/or limited tendering reasons are invoked under the section of the trade agreement (s) specified:

North American Free Trade Agreement (NAFTA) - Article 1016: Limited Tendering Procedures, section 2.

(d) for additional deliveries by the original supplier that are intended either as replacement parts or continuing services for existing supplies, services or installations, or as the extension of existing supplies, services or installations, where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter;

Agreement on Internal Trade (AIT) – Article 506, 12.
a. to ensure compatibility with existing products, to recognize exclusive rights, such as exclusive licences, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative;

9. Ownership of Intellectual Property

Ownership of any foreground intellectual property arising out of the proposed contract will vest with the Contractor.

10. The period of the proposed contract or the delivery date(s)

The proposed contract is for a period of Five (5) years, from June 10, 2013 to May 31, 2018.

11. A cost estimate of the proposed contract

The estimated value of the contract, including option (s), is $1,728,000.00 (GST/HST extra).

12. Name and address of the pre-identified supplier

Name: SHAW Cablesystems G.P.
Address: Suite 900 – 630 - 3 Avenue SW,
Calgary, AB
T2P 4L4

13. Suppliers' right to submit a statement of capabilities

Suppliers who consider themselves fully qualified and available to provide the goods, services or construction services described in the ACAN, may submit a statement of capabilities in writing to the contact person identified in this notice on or before the closing date and time of this notice. This statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.

14. The closing date and time for a submission of a statement of capabilities

The closing date and time for accepting statements of capabilities is June 10, 2013 at 2:00 PM PST.

15. Enquiries and submission of statement of capabilities

Enquiries and statement of capabilities are to be directed to:

Jason Kwan
Contracting and Procurement Specialist
PO Box 4500, Unit 100,
33991 Gladys Avenue,
Abbotsford, BC
V25 2E8
Telephone: (604) 870-2512
Facsimile: (604) 870-2444
E-mail: Jason.Kwan@csc-scc.gc.ca