BPS Procurement Directive Implementation Guidebook

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10.3.8.2 Bid Dispute Resolution AdvantagesDispute resolution processes may prove to be faster and more cost efficient than the traditional legal process.Certain processes can provide the involved parties with greater involvement in reaching a solution, as well asmore control over the outcome of the dispute.10.3.8.3 Structuring Bid Dispute Resolution ProcessDispute resolution processes are not mutually exclusive. To resolve certain disputes, a number of differentresolution approaches may be used in sequence. An example of such sequence is presented below.NOTICE OFDISPUTECONDUCTNEGOTIATIONNEGOTIATIONSUCCESSFUL?YESNOPARTIESAGREE TOMEDIATION ?YESCONDUCTMEDIATIONMEDIATIONSUCCESSFUL?YESEND OF PROCESSNoYESNOPARTIESAGREE TOARBITRATION ?YESCONDUCTARBITRATIONARBITRATIONSUCCESSFUL?NOLITIGATIONNOPage 38
11. SUPPORTING MATERIALS11.1. Value-add incentivesA value-add incentive is an offer by a supplier, over and above the primary goods or services being purchased,with the intent to increase the total value received by the customer.The current national practices are varied with some organizations choosing not to include value-add incentivesin their procurement process and others developing specific policies regarding this practice. When notproperly managed, requesting and/or evaluating value-add incentives may increase the level of risk within theprocurement process and result in bid disputes.The following rules for the use of value-add incentives have been compiled by incorporating the requirementsand guidance of other provinces:1. Value-add incentives must be directly relevant and transparently connected to the given procurement;2. Organizations should openly state the desired enhancements. The procurement document should listthe specific value-add incentives that would be considered beneficial to the organization and order ofpreference, such as on-site technical assistance or product upgrades;3. Cash should never be requested as a value-add incentive and, if received, should only be used to reducethe final price of the bid;4. Organizations must establish criteria to evaluate value-add incentives prior to commencement of thecompetitive procurement process;5. The weighting assigned to value-add incentives must be stated in the competitive procurement document;6. Organizations should ensure that the weight assigned to value-add incentives demonstrates that they arenot considered a major influencing factor;7. Value-add incentives that are outside the scope of the goods and/or services being procured or relatedoperational improvements should not receive any points; and8. Value-add incentives should be evaluated as a separate and final step after all other rated criteria.Organizations should be aware that the U.S. Foreign Corrupt Practices Act prohibits U.S. citizens and entitiesfrom making payments to foreign government officials to assist in obtaining or retaining business. Under thisAct, <strong>BPS</strong> purchasers are considered foreign government officials.Organizations willing to receive value-add incentives must ensure that they maintain the principles of open,fair and transparent procurement. To maintain such transparency, value-add incentives must not be consideredunless they are explicitly requested in the competitive procurement documents.Organizations must govern their procurement practices according to multiple trade agreements. As these tradeagreements are regularly being updated and new ones developed, the rules regarding value-add incentivesmay be impacted. This section is subject to change to align with any broader principles that may be identifiedthrough the trade agreements to ensure a coordinated approach.Page 39
Page 3: CONTENTS1. RELATIONSHIP TO THE DIRE
Page 6 and 7: 4. DIRECTIVE PRINCIPLESThe Directiv
Page 8 and 9: 9. SUPPLY CHAIN CODE OF ETHICS (COD
Page 10 and 11: 10. PROCUREMENT POLICIES AND PROCED
Page 12 and 13: 10.2.3.4. Privacy legislationThe Fr
Page 14 and 15: 10.3.1.2. Approval Authority For Pr
Page 16 and 17: 10.3.2.3. Competitive Procurement T
Page 18 and 19: 10.3.3.2.1 Request For Information
Page 20 and 21: 10.3.3.3.2 Vendor Of Record (VOR) A
Page 22 and 23: B. Second stage of the selection pr
Page 24 and 25: • Mandatory criteria (e.g., techn
Page 26 and 27: 10.3.3.4.6 Bidder’s ConferenceOrg
Page 28 and 29: 10.3.3.5.3 Evaluation MethodologyDi
Page 30 and 31: 10.3.3.5.7 Non-DiscriminationDirect
Page 32 and 33: Directive Mandatory Requirement #18
Page 34 and 35: 10.3.4. Non-Competitive Procurement
Page 36 and 37: 10.3.4.2.2 Sole SourcingWhere only
Page 38 and 39: 10.3.6 Procurement Records Retentio
Page 40 and 41: 10.3.7.3 Members Of An Organization
Page 44 and 45: 11.2. Procurement StrategiesEach Or
Page 46 and 47: CommentsContract A sets out the del
Page 48 and 49: 11.3. Glossary of TermsAccountabili
Page 50 and 51: ElectronicTenderingEquipmentEvaluat
Page 52 and 53: Request For SupplierQualifications(
Page 54: 11.4. Glossary of AcronymsAIT - Agr

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