Office of the Procurement Ombudsman
www.boa-opo.gc.ca
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ADR - Frequently Asked Questions
- What is an alternative dispute resolution process?
- Who can request an Alternative Dispute Resolution Process?
- For what types of disputes can the Procurement Ombudsman offer an alternative dispute resolution process?
- What types of processes does the Procurement Ombudsman provide?
- How can I make a formal request for alternative dispute resolution?
- Where can I send my request?
- Are there costs associated with the alternative dispute resolution process provided by the Procurement Ombudsman?
- What happens after I file a request for alternative dispute resolution?
- How does it work?
- Can someone submit a request on my behalf?
What is an alternative dispute resolution process?
Alternative dispute resolution (ADR), as provided by the Office of the Procurement Ombudsman, is a confidential and voluntary process to manage and resolve disputes, with the assistance of a neutral third party, in a manner which is alternative to lengthy and costly litigation in the courts. It is also less confrontational, so often can enhance or preserve working relationships.
All parties to a contract must agree to participate in the ADR process and share the costs of that process.
Who can request an Alternative Dispute Resolution Process?
According to the Procurement Ombudsman Regulations, only a party to a contract – the supplier or the federal government department – can make a request for an alternative dispute resolution (ADR) process.
For what types of disputes can the Procurement Ombudsman offer an alternative dispute resolution process?
Pursuant to the Department of Public Works and Government Services Act and the Procurement Ombudsman Regulations, the Procurement Ombudsman ensures that an ADR process is provided to resolve contractual disputes with respect to the interpretation or application of the terms and conditions of a contract.
What types of processes does the Procurement Ombudsman provide?
In order to facilitate a fair and quick resolution of contractual disputes, we offer three options:
- facilitation: a neutral third party – usually a member of the Office of the Procurement Ombudsman (OPO) – establishes communication between the parties and seeks to encourage a dialogue so that both sides move towards an understanding of each other's position and a mutually acceptable outcome;
- mediation: a neutral third party (not a member of the OPO) with substantial subject-matter knowledge provides assistance to both sides in an attempt to reach a mutually acceptable outcome; and
- neutral evaluation: a neutral third party (not a member of the OPO) hears both sides and renders a non-binding written decision on the dispute.
The ADR process is managed by the Office of the Procurement Ombudsman using professional ADR specialists, where appropriate.
How can I make a formal request for alternative dispute resolution?
The Office of the Procurement Ombudsman first encourages the parties to try to resolve the issue themselves by redirecting the contractor to the concerned department, if it has an established process, to have the matter resolved there.
If the parties still cannot resolve the dispute and wish to participate in an ADR process offered by the Office, a formal request will be required in writing. It can be filed using the Request form.
The more information provided in the form, the easier it will be for the Office to understand the situation. Provide as many relevant details as possible, including the names of the parties to the contract, a copy of the contract and a brief summary of the facts of the dispute.
Where can I send my request?
If you want the Procurement Ombudsman to become involved, you must make a formal request for alternative dispute resolution in writing. This can be done by completing the Request form and forwarding it to:
Office of the Procurement Ombudsman
Constitution Square
340 Albert Street
11th Floor
Ottawa, Ontario
K1R 7Y6
Fax: 613-947-9800
E-mail: boa-opo@boa-opo.gc.ca
If you have any questions, do not hesitate to call us at:
Toll-free: 1-866-734-5169
Are there costs associated with the alternative dispute resolution process provided by the Procurement Ombudsman?
Both parties have to agree at the outset that they will participate in the process and share any associated costs. The parties can agree on the cost allocation between themselves. Also, each party will be responsible for its own expenses, such as those related to travel. There are no costs involved when a member of our office provides a facilitation service.
What happens after I file a request for alternative dispute resolution?
In accordance with the Procurement Ombudsman Regulations, once a request for ADR has been received in writing by the Office, the Office review the request and supporting information/documentation to determine if it is suitable for ADR. If it is, the Office seeks the consent of the other party to the contract to participate in an ADR process.
How does it work?
Once the Office of the Procurement Ombudsman has received all of the necessary information, it will review the request, contact you to seek clarification if needed and, within ten working days, ask the other parties if they agree to participate in alternative dispute resolution (ADR) and share the costs of that process.
The other parties have ten working days to respond. If the other parties agree to participate, the Office will provide you with a proposal, in a timely manner, for an ADR process that is best suited to your needs. Once all parties agree on the process and cost sharing, the Office will proceed with the provision of ADR services.
If the other parties do not agree to participate, the Office cannot proceed but will provide you with guidance and/or suggest alternatives.