Assessment Framework

Introduction

Assessment of PS Online Departmental Users:
In 2006, the Office of the Auditor General audited the mechanisms put into place by PWGSC to control the use of the various procurement tools that PWGSC makes available to other federal departments and agencies.  As a result of this audit, the Office of the Auditor General has stated that PWGSC must ensure that users of the PS Online tool:

• Follow Treasury Board Contracting Policy;
• Do not use the PS Online tool to circumvent Canada's obligations under the various trade agreements.

In order to comply with the requirements of the Office of the Auditor General, an assessment process for the PS Online procurement tool was developed.

Purpose

The Department of Public Works and Government Services Canada (PWGSC) is committed to enhancing the integrity, transparency and efficiency of the government contracting process by assisting Federal Government Departments and Agencies. In order to achieve this goal, the Professional Services (PS) Online Assessment Framework has been developed that Federal Government Department Users (FGDU's) must comply with as part of the terms and conditions of being a PS Online user. To meet this commitment, PWGSC reserves the right to conduct periodic, random reviews of the use of the PS Online tool by PS Online Users (Federal Government Department Users (FGDU's) ).

Assessment Requirements

Assessments conducted will be based on the requirements as specified in the Operations Protocol for Federal Government Department Users (FGDU's), as amended from time to time. The PS Online user will be notified of the requirement for an assessment and will be required to:

• provide information necessary to conduct the assessment;
• provide access to the information required to conduct the assessment;
• address any non-conformances resulting from the assessment; and
• implement effective corrective action, within an agreed upon period of time, to resolve any non-conformances resulting from the assessment.

The PS Online user will be given a period of time to provide the information required by the PWGSC Online Services Division (OSD) representative to perform the assessment. Once the assessment is completed, the PS Online User will be notified of the findings. Should the assessment result in non-conformances being noted, the PS Online User will be given a specific period of time to confirm, in writing, the corrective action to be taken. A PWGSC OSD representative will assess the proposed corrective action for completeness, adequacy and timeliness. The PWGSC OSD representative reserves the right to perform additional assessments as required to verify the implementation of the agreed upon corrective actions. Failure to meet any of the requirements noted above will result in action being taken against the PS Online User as described in the section titled "Failure to Comply with the Assessment Framework".

Failure to Comply with the Assessment Framework

Failure to comply with the assessment requirements, within the timeframes stipulated by the PWGSC OSD representative, will, as a minimum, result in the suspension of the individual PS Online User's account. In addition, failure of an individual FGDU to comply with the assessment requirements may, at the discretion of the PWGSC OSD representative, result in the suspension of all other PS Online accounts for the individual's department or agency. Continued failure to comply with the assessment requirements specified above, within the timeframes stipulated by the PWGSC OSD representative, will result in the deletion of the individual PS Online User's account. The PWGSC OSD representative reserves the right to initiate the immediate suspension of the PS Online User's account depending on the nature of assessment findings.

Once the PS Online User has addressed the non-conformances that caused the suspension, to PWGSC's satisfaction, access to the PS Online User's account will be re-instated. A second suspension within a five-year period will result in the suspension being for a minimum of 60 days after the non-conformances that caused the suspension has been addressed to PWGSC's satisfaction. A third suspension within a five-year period will result in the suspension being for a minimum of 120 days after the non-conformances that caused the suspension has been addressed to PWGSC's satisfaction. If, as a result of failure to comply with the terms of the Operations Protocol, the PS Online User would be suspended for a fourth time in a five-year period, the PS Online User's account will be deleted and future requests for access will not be granted.

Suspension - Suspension is the act of temporarily deactivating the PS Online User's account, which will result in the FGDU not being able to perform any searches using the PS Online system.

Deletion - Deletion is the act of permanently deactivating the PS Online User's account including the deletion of all PS Online User account information from the PS Online database, effective the date of the deletion.

Reinstatement of Deleted Account

Requests to reinstate a deleted account must be made in writing. PWGSC will review the reasons for the account deletion and confirm, in writing, the requirements for and the conditions of reinstatement. Once PWGSC is satisfied that all necessary corrective action has been taken, that all requirements for participation in the PS Online system have been met and that all conditions for re-instatement have been met, the deleted account will be reinstated.

Appeal Process

A PS Online User may appeal the suspension or deletion of their PS Online account. All appeals must be made in writing and shall include rationale for the appeal as well as any objective evidence in support of the appeal. To be considered, any appeal must be made within 30 days of the date of the suspension or account deletion.

First Level Appeal

The appellant will submit its arguments and evidence in writing to the Team Leader, Online Services Division (OSD). The Team Leader will review the submitted information and if necessary, institutes an investigation into the complaint. The Team Leader or another OSD officer, other than the officer responsible for the original decision, shall perform the investigation in question. The Team Leader will notify the appellant in writing, of the decision, within 30 days.

Second Level Appeal

If the appellant is not satisfied with the response at this level, a second level appeal may be made to the Manager, Online Services Division, in writing, within 30 days of notice of the first level decision together with all pertinent information.

Third Level Appeal

If the appellant is not satisfied with the response at this level, a third level appeal may be made to the Director, Professional Services Business Initiatives Directorate, in writing, within 30 days of notice of the first level decision together with all pertinent information.