Public Services and Procurement Canada
Summary of conclusions and recommendations: Evaluation of the Business Dispute Management Program

Initiative description

Public Services and Procurement Canada (PSPC) is committed to excelling in government operations and ensuring sound stewardship on behalf of Canadians by delivering high-quality services and programs that meet the needs of federal organizations. The Business Dispute Management Program (BDMP) is a neutral and confidential resource for contractors, other government departments and PSPC employees when they experience difficulties with a contract where PSPC is the contracting authority. The program offers conflict prevention and alternative dispute resolution (ADR) services as well as awareness presentations and skill training workshops.

Evaluation objective, scope and methodology

The evaluation examined the BDMP, delivered by the Integrity and Forensic Accounting Management Group within the Departmental Oversight Branch. This evaluation had 2 objectives:

• to determine the relevance of the program:
  • the continued need for the program, its alignment with government and PSPC priorities and overlap/duplication with other federal programs
• to determine the performance of the program:
  • the achievement of its expected outcomes and a demonstration of the efficiency and economy of the program

The evaluation was examined based on the following lines of evidence:

• document review
• literature review
• interviews
• surveys
• financial analysis
• data analysis

Evaluation constraints and limitations

The evaluation addressed limitations of specific methods by triangulating findings across multiple lines of evidence. Limitations included; limited amount of performance measurement data available, limited number of interviews conducted, pre-defined questions contained in the BDMP surveys, limited availability of financial and human resource data. None of the identified issues were significant enough to prevent evaluation reporting.

Evaluation findings

Relevance

The program remains relevant in that its services align with the federal government commitment to open and transparent government while also supporting the priorities and objectives of PSPC's Acquisitions Program and the Real Property Services Branch. That said, there is overlap with the services provided by the BDMP and the Office of Procurement Ombudsman, some roles and responsibilities for the management of business disputes remain unclear due to the number of stakeholders involved, and visibility of the BDMP could be increased.

Performance

The program achieved its immediate outcome of resolving business disputes in a timely manner, at the lowest possible level (such as avoided escalation) and to the satisfaction of all parties. The program could contribute to improved timeliness of PSPC contract dispute resolution by increasing awareness of the BDMP among stakeholders.

The program achieved its immediate outcome of increasing the understanding and competency in the avoidance and management of business disputes. Most stakeholders were satisfied with the services received regardless of whether their dispute was fully resolved, with many of the program's clients having been involved in disputes for extended periods of time prior to engaging BDMP. The proportion of disputes resolved is similar to those of other industries.

The BDMP operated in an economical and efficient manner, delivering high quality ADR and dispute management training services with limited resources. The BDMP achieved its intermediate outcome by contributing to the resolution of PSPC contract disputes with probity and integrity.

Recommendations

The assistant deputy minister, Departmental Oversight Branch, in consultation with the assistant deputy minister, Real Property Services Branch and the assistant deputy ministers, Acquisitions Program, should undertake the following measures to clarify the role of the Business Dispute Management (BDM):

• develop standardized dispute resolution clauses for goods and services contracts, which include timelines for the escalation of disputes
• identify the BDMP as a provider of optional ADR services in all PSPC dispute resolution clauses

The assistant deputy minister, Departmental Oversight Branch, should develop a strategy to increase awareness among contractors, other government departments and PSPC staff of the role of the BDM Program in the provision of ADR services.