Facilitate
Image description
This diagram builds on the two previous diagrams, illustrating that of the 283 procurement-related contacts, 122 were determined to fall within the Office's facilitate pillar. This number is further divided into complaints (109), and Alternative Dispute Resolution (ADR) requests (13). The 109 complaints are subdivided into complaints related to contract award (81), and complaints related to contract administration (28). The 13 ADR requests are subdivided into ADR's completed (4), ADR requests informally resolved through OPO's help (4), ADR's declined by a department (3) and withdrawn requests (1). The diagram notes that of the requests for ADR, two requests pertained to the same contract, and thus resulted in 1 ADR.
What we did to help resolve issues
We believe that the intervention by OPO served as the catalyst to open dialogue and we are very appreciative.—Supplier
Suppliers contacting OPO with issues are initially encouraged to provide the federal organization in question with the opportunity to resolve them before requesting our involvement as, in many cases, the issues can be resolved directly by the federal organization. In situations where a supplier has been unsuccessful in their attempts, or is dissatisfied with their interactions with the organization, the Office can assist by playing a “go between” role. This involves obtaining an in-depth understanding of the supplier's issues and contacting the federal organization to discuss them. Once we have obtained the organization's perspective, the information is relayed back to the supplier. This process is repeated as necessary and, in many cases, the Office succeeds in facilitating a resolution to the issues. In some cases, we are able to re-establish communication between the supplier and the federal organization, enabling them to resolve the issues.
Of the 283 procurement-related contacts OPO received in 2015-2016, 109 were complaints where the Office facilitated communications between the supplier and the federal organization. Examples of our ability to facilitate a resolution include:
- A supplier contacted OPO raising concerns about the rejection of its bid. Attempts by the supplier to obtain responses to questions, which would have clarified why the bid had been rejected, had been unsuccessful. The procurement officer was unable to answer the questions yet had refused to allow the supplier to discuss with the responsible program manager. OPO communicated with the department and was able to help the supplier obtain the responses it had been seeking.
- A supplier was unsuccessful in obtaining payment for an outstanding invoice. Having followed-up repeatedly with the federal organization, the response from departmental officials was always the same – “the payment is being processed ”. The supplier, whose invoice was overdue by months, asked OPO to contact the organization. Through OPO 's intervention, the organization acknowledged the overdue invoice, and stated it was unclear how this particular invoice had been overlooked and not paid. The supplier was paid shortly thereafter.
It has become apparent that in playing this “go between” role, often it isn't the information OPO provides as much as the recipient hearing it from a source that has no vested interest in the outcomes (other than helping resolve the issue). Consequently, the Office plays an important role in helping resolve procurement-related issues before they escalate.
Helping parties to a contract
OPO received a request for Alternative Dispute Resolution (ADR) services from a supplier having a dispute with a federal organization about the interpretation of the terms and conditions of two contracts. The supplier had received only partial payment for invoices submitted. The organization contended the supplier had not properly completed the required work.
Both parties agreed to participate in OPO's ADR process, however difficulties arose in scheduling the ADR session. OPO therefore facilitated productive communications between the two parties remotely. Through extensive back-and-forth between the supplier and the organization, OPO was able to help the parties find a resolution to the dispute.
OPO's ADR services were praised by both parties, with the supplier commenting “Your patience and tenacity in dealing with the delays and length of trying to set up meetings and getting a conversation going with the other party, was a key factor to reach an agreement”.
Helping parties to a contract resolve disputes
Of the 283 procurement-related contacts that OPO received in 2015-2016, 13 were written requests
for alternative dispute resolution (ADR) services, a substantial increase from the 4 requests received in 2014-2015. In fact, this is the highest number of requests received in a fiscal year since OPO opened its doors in May 2008. Additionally, this was the first year that OPO's ADR services were requested by a federal organization.
The Office provides ADR services when disputes relating to the interpretation and application of the terms and conditions of a contract occur. One of the parties to the contract must request the service, whether the supplier or the federal organization. Both parties to the contract must agree to participate as it is a voluntary process. OPO's ADR services offer an opportunity for parties to come together in a neutral setting to participate in confidential, open and constructive dialogue. When both parties agree to participate, OPO's trained mediators have a successful track record of resolving disputes.
Of the 13 ADR requests received in 2015-2016:
- 5 requests resulted in 4 ADR processes that were successfully completed (including a contract where ADR requests were submitted, separately, by both the supplier and federal department and resulted in 1 ADR process).
- 4 requests were withdrawn by suppliers after OPO helped the parties reach a resolution prior to the launch of the formal ADR process.
- 3 supplier requests were declined by federal organizations.
- 1 request was withdrawn by the supplier, as the supplier filed a complaint regarding the administration of a contract.
The Office worked closely with suppliers and federal officials and, in all instances where there was cooperation from federal organizations, OPO was able to help the parties resolve the disputes.
- Date modified: