Alternative Dispute Resolution (E60ZG-090005/D)

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Tender Notice

Status

Publishing status
Expired
Days to closing
8 years 6 months ago

Dates

Publication date
2013/10/01
Amendment date
2013/10/29
Date closing
2013/11/12 14:00 Eastern Daylight Time (EDT)

Details

Reference number
PW-$$ZG-404-26447
Solicitation number
E60ZG-090005/D
Region of delivery
Alberta, British Columbia, Manitoba, National Capital Region, Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan
Notice type
Notice of Proposed Procurement (NPP)
GSIN
Trade agreement
  • Agreement on Internal Trade (AIT)
  • Canada-Colombia Free Trade Agreement
  • Canada-Panama Free Trade Agreement
  • Canada-Peru Free Trade Agreement (CPFTA)
  • North American Free Trade Agreement (NAFTA)
  • World Trade Organization-Agreement on Government Procurement (WTO-AGP)
Procurement entity
Public Works and Government Services Canada
End user entity
Public Works and Government Services Canada

Contact Information

Contact name
Lépine, Nathalie
Contact phone
(819) 956-3037 ( )
Contact fax
(819) 956-2675
Contact address
11 Laurier St. / 11, rue Laurier
10C1, Place du Portage
Gatineau, Québec   K1A 0S5

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Description

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: 
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

STREAM 4 - COMMERCIAL/ BUSINESS - FACILITATED DISCUSSION /
MEDIATION AND ARBITRATION

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
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 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
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,
2015.

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

STREAM 4  - COMMERCIAL / BUSINESS - FACILITATED DISCUSSION /
MEDIATION AND ARBITRATION

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 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: nathalie.lepine@tpsgc-pwgsc.gc.ca

OFFERORS WHO ARE INTERESTED IN SUBMITTING AN OFFER SHOULD ORDER
THE SOLICITATION DOCUMENT 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.

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Solicitation Documents

FileAmendment numberLanguageUnique Download Event (English page)Date added
ABES.PROD.PW__ZG.B404.E26447.EBSU000.PDF000English- Not available
ABES.PROD.PW__ZG.B404.F26447.EBSU000.PDF000French- Not available
ABES.PROD.PW__ZG.B404.E26447.EBSU001.PDF001English- Not available
ABES.PROD.PW__ZG.B404.F26447.EBSU001.PDF001French- Not available
ABES.PROD.PW__ZG.B404.E26447.EBSU002.PDF002English- Not available
ABES.PROD.PW__ZG.B404.F26447.EBSU002.PDF002French- Not available
ABES.PROD.PW__ZG.B404.E26447.EBSU003.PDF003English- Not available
ABES.PROD.PW__ZG.B404.F26447.EBSU003.PDF003French- Not available
ABES.PROD.PW__ZG.B404.E26447.EBSU004.PDF004English- Not available
ABES.PROD.PW__ZG.B404.F26447.EBSU004.PDF004French- Not available
ABES.PROD.PW__ZG.B404.E26447.EBSU005.PDF005English- Not available
ABES.PROD.PW__ZG.B404.F26447.EBSU005.PDF005French- Not available

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