Alternative Dispute Resolution

Solicitation number E60ZG-090005/D

Publication date

Closing date and time 2013/11/12 13:00 EST

Last amendment date

    Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with
    Tendering Procedures: All interested suppliers may submit a bid
    Attachment: None
    Competitive Procurement Strategy: Best Overall  Proposal
    Comprehensive Land Claim Agreement: No
    Nature of Requirements: 
    1.0	Title:  Alternative Dispute Resolution Services
    2.0 	Objective
    This solicitation is issued to re-compete the requirement
    covered by Stream 4 - Part I only under the previous
    solicitation E60ZG-090005/C.
    Existing SO Holders
    Existing SO Holders are not required to submit a technical offer
    although they must submit a new financial offer including
    certifications or confirm that their previous financial offer
    and certifications dated (please provide date) remains.
    A National Master Standing Offer (NMSO) for the provision of
    Alternative Dispute Resolution Services on an 'as and when
    requested' basis is being put in place to assist various
    Identified Users authorized to use the NMSO to fulfill their
    individual requirements. The services described will be required
    in both of the official language of the Identified User's choice
    as well as in various locations across Canada.  
    Professional Services will be required within the following
    stream of service as identified below:
    Stream 4 - Commercial / Business - Part I - Facilitated
    Discussion / Mediation 
    PWGSC intends to authorize multiple Standing Offers for
    professional services to be provided in various location across
    Canada as a result of this solicitation.  Each successful
    Offeror will be issued one Standing Offer that will identify the
    Stream for which it has qualified.  Offerors, who wish to do so,
    may submit the required information to demonstrate that in
    addition to meeting all the requirements to obtain a a Standing
    Offer, they also meet the requirements to be considered an
    Aboriginal business for the Set-aside Program for Aboriginal
    Business in Attachment 1 to Part 5.   A single Standing Offer
    will be issued to Aboriginal Offerors who qualify for both
    Aboriginal and General procurements.
    3.0	Description of Services
    Alternative dispute resolution (ADR) for commercial or business
    matters is a voluntary process in which
    an impartial/neutral third person (the Offeror) assists
    participants involved in a business dispute to create a mutually
    acceptable solution to their problem. ADR processes for
    commercial or business matters include facilitated discussion,
    mediation or arbitration.
    Mediation is a process which involves the use of techniques to
    improve the flow of information in a meeting between
    participants in a dispute.  It is procedural assistance provided
    to enable participants to communicate more effectively and move
    towards a possible agreement. It is an interest-based process to
    assist the participants in finding a mutually acceptable
    solution. Participants may sign an agreement to mediate and,
    upon conclusion, the settlement can also be verbal or written as
    agreed by the participants.
    A facilitated discussion shares all of the elements of mediation
    except for the formality of mediation, in
    which written agreements with the participants, as signatories
    are optional.
    Arbitration is a process in which participants in a dispute rely
    upon one or more persons to make a
    decision about the best action to take to resolve the dispute.
    The participants agree to abide by
    whatever decision the arbitrator(s) put forward. It is a
    settlement technique in which a third party reviews
    the case and imposes a decision that is legally binding to those
    in dispute.
    PART I - Facilitated Discussion / Mediation
    The Offeror must conduct facilitative discussions or mediations
    that involve a series of process stages, as appropriate:
    1. Pre-session preparation: enables the Offeror to obtain
    information on the problem generally understand the nature of
    the conflict, learn about the individual characteristics of the
    participants and gain an understanding about what each
    participant wants to resolve through the Commercial or Business
    ADR to structure an ADR process that is most useful and
    comfortable for the persons involved. It also enables the
    Offeror to explain to the participants what they can expect to
    happen, prepare participants and set parameters for the joint
    2. Introducing the process: sets the tone for the Commercial or
    Business ADR process, outlines expectations and establishes
    confidence in the process.
    3. Identifying the issues and setting the agenda: provides
    opportunity for participants to tell their story, have an
    exchange of information to frame issues and priorities into
    agenda items.
    4. Exploring issues/interests: helps generate "complete"
    information and better understanding of what is important to
    build common ground and move from positions to interests.
    5. Generating options: helps identify possibilities to meet
    interests and evaluate options for developing a  creative,
    unique and durable settlement outcomes.
    6. Reaching Agreement: assists to package chosen option in
    sufficient detail to ensure durability of an agreement, and to
    articulate in writing, where applicable, the agreement reached.
    A. Model:
    The six-stage model outlined below is provided as a sample model
    only and may be adjusted according to the requirements of the
    particular Commercial or Business ADR process at hand. It
    provides a way to understand and discuss the key tasks and goals
    or each of the stages of the process.  The following is a point
    form description of a basic sample model, outlining six key
    stages and the essential tasks to be accomplished in each.
    Stage 1 - Pre-session preparation
    Make contact with all participants and/or their counsel as
    Meet separately, if appropriate
    Understand the conflict
    Orientation for participants to ADR process
    Assess appropriateness for an ADR process
    Structure the selected process
    Set date and place of joint first session
    Stage 2 - Introducing the process
    Set the tone
    Outline the process
    Explain guidelines
    Explain roles
    Determine authority to settle
    Obtain a commitment to the process
    Assess readiness to proceed
    Stage 3 - Identifying the issues and setting the agenda
    Opening statements
    Assist participants to priorities issues
    Set the agenda
    Stage 4 - Exploring issues/interests
    Facilitate communication and understanding
    Ensure understanding of the situation, issues and interests
    Maintain respectful exchange
    Identify common ground
    Articulate key interests
    Reframe the positions to interests
    Clarify assumptions
    Stage 5 - Generating options
    Assist participants in generating options that meet interests
    Explore implications
    Check for feasibility of options
    Test options against objective criteria
    Detail steps for implementation
    Assess the Best Alternative to a Negotiated Agreement (BATNA)
    Concretize options (who, what, when where)
    Stage 6 - Reaching agreement
    Define the final terms of the chosen option
    Assist participants in writing an agreement, if applicable
    Construct a contingency and ADR clause in agreement, if
    Have participants sign the agreement, if applicable
    Determine basis and plan for evaluation
    B.	Deliverables:
    Required deliverables may include but are not limited to:
    Confirmation of meeting with participants;
    Signed Agreement to mediate (as applicable);
    Signed Disposition Statement;
    Signed Minutes of Settlement or Statement of Partial Resolution
    (if achieved/ applicable)
    Rationale for inability to conclude matter (if applicable);
    Completion of Data Collection forms as required by the
    Identified User (as applicable); and
    Participants' Evaluation of the ADR practitioner(s).
    4.0	Period of the Standing Offer
    The period for making call-ups against the Standing Offer is
    from the date of issuance of the Standing Offer for to April 30,
    4.1	Period beyond the Initial Period of the Standing Offer
    If the Standing Offer is authorized for use beyond the initial
    period, the Offeror offers to extend its offer for an additional
    three (3) periods of one (1) year, under the same conditions and
    at the rates or prices specified in the Standing Offer, or at
    the rates or prices calculated in accordance with the formula
    specified in the Standing Offer.
    5.0	Security Requirements
    Various requirements procured under the SO may be subject to
    security requirements. Solicitation includes three (3) generic
    Security Requirement Check Lists (SRCL), which PWGSC anticipates
    will satisfy most security requirements associated with
    individual Call-ups issued against the Standing Offer.
    6.0	Mandatory Requirements
    PART I - Facilitated Discussion / Mediation
    M.1	The Offeror must provide the names of each of the proposed
    resource(s), and demonstrate that
    each resource has a minimum of five (5) years experience
    relevant to the work stream as
    described in the statement of work at the time of bid closing.
    To demonstrate the experience, the
    Offeror must clearly indicate where, when and how the stated
    qualifications or experience of the
    proposed resources were acquired.
    M.2	The Offeror must demonstrate that each proposed resource(s)
    has started and completed within the last five (5) years, either
    in the public or private sector, a minimum of ten (10) projects
    experience providing mediation services related to business or
    contract disputes, at the time of
    bid closing.
    For three (3) of the projects submitted above, the following
    information must, as a minimum, be
    Name of the client organization including name of the client
    reference, (telephone number and e-mail address if available)
    client reference may be contacted to verify the information
    contained within;
    Brief description of the Scope and Objective of the project to
    clearly show relevancy of the project;
    Description of the resource's role in the project;
    Start and end dates of the project (month/year to month/year);
    Level of effort (in hours).
    M.3	The Offeror must demonstrate that each proposed resource(s)
    has received at least 175 hours of formal training in
    Alternative Dispute Resolution (ADR), of which a minimum of 100
    hours is specific to mediation, received from any training
    organization OR demonstrate they are members in good standing of
    a recognized institution* that certifies experience or a
    combination of experience and education at the time of bid
    closing. In order to demonstrate successful completion of the
    required training, a copy of the certificate, diploma or
    certification from a recognized institution must be submitted.  
    *A recognized institution is a training organization that
    receives public funding such as as schools, colleges or
    universities or private for profit organization that can
    demonstrate it has a developed training program and has offered
    this training for at least 5 years.
    7.0	Basis of Selection
    To be declared responsive, an offer must:
    (a)	comply with all the requirements of the Request for Standing
    Offers (RFSO); and 
    (b)	meet all mandatory technical evaluation criteria; and
    (c)	average all-inclusive daily rate must not be 20% higher than
    the median calculated from all 		responsive resources.
    All Offerors who are compliant with the requirements of the
    Request for Standing Offers and meet all  mandatory and
    financial technical evaluation criteria will be issued a
    standing offer.
    8.0	Standing Offer Authority
    The Standing Offer Authority is:
    Nathalie Lépine
    A/Supply Team Leader
    Public Works and Government Services Canada
    Acquisitions Branch
    Professional Services Procurement Directorate 
    Portage III 11C1
    11 Laurier Street
    Gatineau, Quebec
    K1A 0S5
    Telephone:  819-956-3037
    Facsimile: 819-956-2675
    E-mail address:
    Delivery Date: Above-mentioned
    The Crown retains the right to negotiate with suppliers on any
    Documents may be submitted in either official language of Canada.

    Contract duration

    Refer to the description above for full details.

    Trade agreements

    • World Trade Organization Agreement on Government Procurement (WTO GPA)
    • Canada-Panama Free Trade Agreement
    • Agreement on Internal Trade (AIT)
    • Canada-Colombia Free Trade Agreement
    • Canada-Peru Free Trade Agreement (CPFTA)
    • North American Free Trade Agreement (NAFTA)

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    Contact information

    Contracting organization

    Public Works and Government Services Canada
    11 Laurier St, Phase III, Place du Portage
    Gatineau, Quebec, K1A 0S5
    Contracting authority
    Lépine, Nathalie
    (819) 956-3037 ( )
    (819) 956-2675
    11 Laurier St. / 11, rue Laurier
    10C1, Place du Portage
    Gatineau, Québec, K1A 0S5

    Buying organization(s)

    Public Works and Government Services Canada
    11 Laurier St, Phase III, Place du Portage
    Gatineau, Quebec, K1A 0S5
    Bidding details

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    Summary information

    Notice type
    Request for Proposal
    English, French
    Region(s) of delivery
    British Columbia
    New Brunswick
    Newfoundland and Labrador
    Nova Scotia
    Northwest Territories
    Ontario (except NCR)
    Prince Edward Island
    Quebec (except NCR)
    National Capital Region (NCR)

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