Alternative Dispute Resolution

Trade Agreement: WTO-AGP/NAFTA/AIT/Canada FTAs with
Peru/Colombia/Panama
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: 



NOTICE OF PLANNED PROCUREMENT


This Request for Standing Offer (RFSO) E60ZG-090005/E cancels
and supersedes previous RFSO E60ZG-090005/D dated 2013/10/28
with closing of 2013/11/12 at 2:00 PM EST.  

1.0	Title: Alternative Dispute Resolution -Stream 4 - Commercial
/ Business - Part I Facilitated Discussion / Mediation

2.0 	Objective

This solicitation is issued to re-compete the requirement
covered by Stream 4 - Part I Facilitated Discussion / Mediation
only, under the previous solicitation E60ZG-090005/D.

Instruction to Bidders

1.	Current Standing Offers Holders (E60ZG-090005)
The current Standing Offer Holders under E60ZG-090005 for Stream
4, Part 1 have two options to submit an offer under this Request
for Standing Offers (E60ZG-090005/E):

Option 1:
a)	For resources under the current standing offers:
Since these resources have technically qualified in the original
Request for Standing Offers (E60ZG-090005/C) under Stream 4,
Part I and since this is a re-tender, should an Offeror propose
the same technically qualified resources, the Offeror does not
have to submit the technical information for these resources.
PWGSC will consider them technically responsive under this
Request for Standing Offers (E60ZG-090005/E) Stream 4, Part I.

b)	New proposed resources:
For all new proposed resources, the Offeror must provide all
documentation (technical and certifications) to support
compliance with the requirement.

c)	Financial:
The Offeror must complete the pricing schedule for all
resources:  the proposed, technically qualified resources under
the current standing offers and the new proposed resources. 

Option 2:
Submit a new offer and provide, for each proposed resource, all
documentation to support compliance with the requirements
(technical, financial and certifications).

2.	New Offerors under this Request for Standing Offers
(E60ZG-090005/E)
Submit an offer and provide, for each proposed resources, all
documentation to support compliance with the requirement
(technical, financial and certifications).

National Master Standing Offers for the provision of Alternative
Dispute Resolution, Stream 4 Commercial / Business - Part I -
Facilitated Discussion / Mediation services on an 'as and when
requested' basis are being put in place to assist various
Identified Users authorized to use the National Master Standing
Offers to fulfill their individual requirements. The services
described can be required in either one of the official language
according to the Identified User's choice. Services will be
required 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 locations across
Canada as a result of this solicitation.  Each successful
Offeror who will qualify will be issued a Standing Offer. 
Offerors, who wish to do so, may submit the required information
to demonstrate that in addition to meeting all the requirements
to obtain a Standing Offer, they also meet the requirements to
be considered as an Aboriginal business for the Set-aside
Program for Aboriginal Business in Attachment 3 to Part 5 of the
Request for Standing Offers.  

3.0	Description of Services

Stream 4 - Commercial / Business - Part I - Facilitated
Discussion / Mediation 

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 or mediation.

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.

PART I - Facilitated Discussion / Mediation

The Offeror must conduct facilitative discussion or mediation
that involves 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
session(s).

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 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
appropriate
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
applicable
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,
2016.

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
two (2) periods of one (1) year each, 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 Standing Offer 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

Alternative Dispute Resolution - Stream 4 - Commercial /
Business - Part I Facilitated Discussion / Mediation

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
demonstrating 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 provided:

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);
and 
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 offer
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 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:

Christine Habash
Supply Specialist
Public Works and Government Services Canada
Acquisitions Branch
Professional Services Procurement Directorate 
Portage III 10C1
11 Laurier Street
Gatineau, Quebec
K1A 0S5

Telephone:  819-956-7852
Facsimile: 819-956-2675
E-mail address: christine.habash@tpsgc-pwgsc.gc.ca

OFFERORS WHO ARE INTERESTED IN SUBMITTING AN OFFER SHOULD ORDER
THE SOLICITATION DOCUMENT ON https://buyandsell.gc.ca/ AND
FOLLOW ALL THE INSTRUCTIONS.

Delivery Date: Above-mentioned

The Crown retains the right to negotiate with suppliers on any
procurement.

Documents may be submitted in either official language of Canada.