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: 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.