Business Dispute Management FAQ

Here are some answers to frequently asked questions:

Who should contact Business Dispute Management (BDM)?

BDM should be contacted by anyone involved in a contract dispute where Public Works and Government Services Canada (PWGSC) is the contracting authority. This includes:

  • Contractors
  • Other government departments
  • PWGSC employees managing business contracts

How long will the process take?

Our goal is to help you resolve issues quickly. We make every effort to respond to initial phone calls and e-mails within 2 business days. We offer to meet individuals at their earliest convenience. Aside from that, the speed with which each business dispute is resolved will depend upon:

  • People's availability and willingness to engage in the business dispute management process
  • Location, logistics, and availability of all involved
  • The complexity of the situation

Who makes the decision about how the dispute will be resolved?

The decision as to how the business dispute will be resolved rests with those involved. The practitioner does not render a decision, opinion, or ruling. The role of the practitioner is strictly as a facilitator to help people navigate through the discussion and find their own solutions.

Top of Page

What are the differences between PWGSC's Business Dispute Management (BDM) and the Office of the Procurement Ombudsman (OPO)?

BDM is internal to PWGSC and is mandated to provide alternative dispute resolution (ADR) services for all types of business disputes. A contractor, PWGSC client department or a PWGSC contracting authority can bring forward a business dispute to BDM. The BDM approach is flexible and encourages expeditious dispute management and resolution.

OPO is independent of PWGSC, with a government-wide mandate defined in the Federal Accountability Act with legislated timelines. Only contractors can approach OPO with a procurement related complaint. Before offering an ADR process, OPO encourages contractors to try to resolve the issue internally with the applicable department. If there is no established ADR service available internally, OPO will provide the necessary services.

Should I involve my director or higher management?

Your supervisors should be aware of a contract dispute. A BDM practitioner can work with you to determine who should be involved in the business dispute management process; normally this includes the person(s) directly involved in the business dispute.

Once I ask BDM for assistance, do I continue communicating with the other person?

BDM encourages people to continue to keep the lines of communication open. This is particularly important in situations where you need to communicate with the other person to progress on aspects of the contract. BDM therefore encourages you, or someone in your organization, to continue "a business as usual approach".

If you or someone else would like help with how to manage such discussions, a BDM practitioner can work with you and provide assistance.

I am a contractor and have a complaint about my contract. Since BDM is part of PWGSC, how can I be sure that the BDM practitioner won't be biased toward PWGSC?

The mandate of BDM is to serve as a neutral third party in the management of conflict and the resolution of disputes. PWGSC believes that it is in the best interest of all involved for the practitioner to be free of bias and internal pressures. This is why the group is located in the Departmental Oversight Branch, and why BDM practitioners use a facilitative approach.

If at any time during the process you have any doubts about a BDM practitioner's objectivity, you are encouraged to raise them with the practitioner or their manager so that your concerns can be addressed and other options can be explored. In addition, BDM can facilitate the hiring of an external practitioner to maintain confidence in the process.

If a dispute management process does not go forward, what are my options?

There are a number of reasons why a business dispute management process may not move forward. Depending upon the situation, other dispute management options may be available and could include:

  • Breaking down the situation into its parts, and determining whether there are issues which can, or can not, be addressed using a BDM process
  • Coaching individuals to increase collaborative communication skills that will encourage more productive self-directed discussion

Your BDM practitioner will work with you to explore what other options could be available.

What if we can't come to an agreement

If the persons involved can't come to an agreement, the options that were available to you before the business dispute management process still exist.

Does the Contract Conflict Resolution Board (CCRB) still exist

The CCRB as an organization no longer exists. It has been replaced by the Business Dispute Management (BDM) Program in the Departmental Oversight Branch of PWGSC.

What about the Contract Dispute Advisory Board (CDAB) and the Contract Settlement Board (CSB)?

The CDAB and CSB no longer exist. Contractors, PWGSC client departments, and PWGSC employees, are encouraged to contact BDM to discuss the available dispute management options.