Annex D – Protocol and Standards for THS Applicable to Identified Users and Suppliers

Lexicon for names; terms and phrases:

• Client = Identified User
• Federal Department User = Federal Government employee who has access to the THS On-Line System
• PWGSC = Standing Offer/Supply Arrangement Authority
• Set aside/cancel = Set aside a Standing Offer and/or cancel a Supply Arrangement
• System = THS On-Line System
• Temporary Help = Temporary Help Services

Failure by the Identified User or by SO Holders/Suppliers to follow these protocol and standards could result in the Identified User being removed authority to use the method of supply or the SO Holder/Supplier being put aside for a period of time.

Section I: General Information

1. System Maintenance

Excluding emergency situations, a notice will be posted on the web site informing users of planned maintenance.

2. Disclosure of Information

In the event of a resultant Standing Offer/Supply Arrangement, PWGSC will publish information on the Federal Government Intranet or Internet website. The SO Holder/Supplier agrees to the disclosure of the following confidential information contained in its Standing Offer/Supply Arrangement:

1. the terms and conditions of the Standing Offer/Supply Arrangement;
2. the SO Holder/Supplier's PBN, SO Holder/Supplier's name, representative's contact name, address, telephone, fax numbers, and e-mail address;
3. the weekly firm hourly rate for each approved classification for which the services can be rendered.

The System will also contain additional general information for the Identified Users.

The information contained in the System is available to all persons who have access to the Federal Government Intranet or Internet Website, including but not limited to: the SO Holder/Supplier, their resources, agents or servants, and to the accepted SO Holder/Supplier identified in the system.

The SO Holder/Supplier acknowledges and agrees that it will have no right to claim against Canada, the Minister, the Identified User, their employees, agents or servants, or any of them, in relation to disclosure of the information contained in the system.

3. Closure of Government Offices

Where resources of the SO Holder/Supplier are providing services on government premises pursuant to a Call-Up/Contract issued by a Identified User and the said premises become non accessible due to evacuation or closure of government offices, the SO Holder/Supplier will be paid for no more than one (1) working week, at the applicable regular rates as shown on the Call-Up/Contract provided that the SO Holder/Supplier submits with its invoice a certification, countersigned by the affected resource(s), stating that:

• the SO Holder/Supplier has not received any other payment from any other client, including the government, during the period of the closure; and
• the affected resource(s) has (or have) been or will be paid at the rates such resource(s) is (or/are) entitled to be paid have the services been provided as required in the Call-Up/Contract.

Note: There is no guarantee that the same temporary help resource will remain available upon re-opening of Government offices.

Section II: Information for Identified Users

1. Contract Splitting

Treasury Board policy on temporary help services strictly prohibits contract splitting. Contract Splitting is the practice of unnecessarily dividing an aggregate requirement into a number of smaller contracts (assignments) in order to circumvent controls on the duration of assignments or contract approval authorities.

2. Payrolling

Treasury Board policy strictly prohibits payrolling.

Payrolling is the practice by which firms are instructed by Federal Government Departments or Agencies to take on strength specified individuals who are then assigned to provide services to that government Department or Agency under contract.

The THS On-Line System must not be used by Federal Government Departments or Agencies for the purposes of casual, term or permanent staffing arrangements. This includes amending a call-up/contract to accommodate any of the foregoing. The THS On-Line System is to be used by Identified Users for the purpose of issuing call-ups/contracts for THS on behalf of Federal Government Departments or Agencies.

3. Contract Switching at the Temporary Help Resource's Request

The temporary help resource is an employee or sub-contractor of the SO Holder/Supplier.

Accordingly, attempts by temporary help resources or SO Holder/Supplier to persuade Temporary Help Authorities to change the SO Holder/Supplier are inappropriate and will be rejected, and brought to the attention of the Standing Offer/Supply Arrangement Authority.

It is also prohibited for Identified Users to direct an individual to a specific SO Holder/Supplier, or negotiate or dictate the pay rates of SO Holder/Supplier temporary help resources.

4. Temporary Help Resource Pay Deductions

Under the terms of each Call-up/Contract pursuant to the Standing Offer/Supply Arrangement, the SO Holder/Supplier is solely responsible for any and all temporary help resource payments and deductions required to be made respecting Employment Insurance, Worker's Compensation, Income Tax, Canada Pension Plan, or similar government legislated programs, and such other deductions as may be required by applicable provincial or federal legislation. Under no circumstances will a Federal Government Department or Agency assume this responsibility.

5. Cancelling a Call-up (in order to re-issue)

A Federal Department User shall not at any time, cancel a call-up and re-issue the identical call-up for the reason of obtaining a different rate.

6. Staffing Arrangements

A transfer fee will be payable to the SO Holder/Supplier by the department of a Federal Department User when the “office” where the THS Resource has been assigned during the call-up/contract period hires the resource (without competition) either on a casual, term or indeterminate basis, prior to the passage of up to 20 calendar weeks measured from the start of services under the call-up against the THS Standing Offer or contract under the Supply Arrangement. Fees will also be payable if the resource is hired to work in the same office, regardless of new duties. ‘Office’ is interpreted herein as an organization in a department under the supervision of a Director General or equivalent. Where there is no DG or equivalent level, the next highest rank is applicable.

Note:

• Transfer fees will not be paid at any time following the 20 week period after the start of services under a call-up/or contract.
• Transfer fees do not apply in cases where the resource was staffed using an open and competitive staffing process.

Identified

• Greater than 18 and up to 20 weeks from the start of services: a 2% transfer fee based on the annualized salary offered to the temporary help resource.
• Greater than 16 and up to 18 weeks from the start of services: a 4% transfer fee based on the annualized salary offered to the temporary help resource.
• Greater than 14 and up to 16 weeks from the start of services: a 6% transfer fee based on the annualized salary offered to the temporary help resource.
• Greater than 12 and up to 14 weeks from the start of services: a 8% transfer fee based on the annualized salary offered to the temporary help resource.
• Greater than 10 and up to 12 weeks from the start of services: a 10% transfer fee based on the annualized salary offered to the temporary help resource.
• Greater than 8 and up to 10 weeks from the start of services: a 12% transfer fee based on the annualized salary offered to the temporary help resource.
• Greater than 6 and up to 8 weeks from the start of services: a 14% transfer fee based on the annualized salary offered to the temporary help resource.
• Greater than 4 and up to 6 weeks from the start of services: a 16% transfer fee based on the annualized salary offered to the temporary help resource.
• Greater than 2 and up to 4 weeks from the start of services: a 18% transfer fee based on the annualized salary offered to the temporary help resource.
• Greater than 0 and up to 2 weeks from the start of services: a 20% transfer fee based on the annualized salary offered to the temporary help resource.

For the purposes of this clause, annualized salary offered to the THS Resource means the starting annual salary of the position offered by the department to the THS Resource in effect at the time of the offer. This does not include any subsequent performance / incentive pay, bilingual bonus, collective agreement increases or other increases that may occur.

For example, a THS resource being offered a casual, term or indeterminate employment starting at level 1 increment-PG 2 salary would have an annualized salary of $50,502. Where the position is instead based on an hourly rate, then this hourly rate would be annualized, multiplied by 1950 (7.5 hour day), and further multiplied by the appropriate transfer fee percentage. (e.g. $18.00/hour x 1950 hours = $35,100 and if hired at the 5 week mark $35,100 x 16% = $5,616 transfer fee).

7. Name Referral

This is the practice of requesting the temporary help services of a specific individual.

Name Referral is acceptable only under Standing Offer component and only after the supplier has been selected in accordance with the steps for selecting a supplier.

For example, after a search result under the Standing Offer component of the THS On-Line System, if the Supplier with the lowest rate has confirmed availability of a resource or resources that meet the Federal Department User's requirement (i.e. no names have been stated by the Federal Department User) and the Supplier has been selected in accordance with the steps for selecting a Supplier, the Federal Department User can then ask for a specific resource. If the Supplier cannot provide the specific resource, this does not allow the Federal Department User to move forward to the next Supplier, i.e. by-pass a Supplier.

8. Classification and Classification Level Switching

It is prohibited for the Active SO Holder/Supplier or their resources to upgrade the requirements of a specific call-up/contract. Active SO Holder/Supplier must provide a resource that meets both the classification and classification level requested by the Identified User.

For example, if a Designated User requests an Intermediate Clerk, the Active SO Holder/Supplier will not provide a Senior Clerk in place of an Intermediate Clerk. If an Active SO Holder/Supplier is unable to provide the resource requested by the Identified User, the Identified User will send a request to other Active SO Holder/Supplier, until a suitable resource is found, that matches the classification and level that was initially requested.

9. Employer/Employee Relationships

Identified Users must ensure that any call up/contract under the SO/SA, and the conduct of the parties during contract performance, does not result in the establishment of an employer-employee relationship between the temporary help resource and Canada. Should there be any uncertainty; the contract should be signed at a level more senior than the individual who would normally approve the initial entry into the contract.

For guidance in assessing an employer-employee relationship, consult the CRA publication RC 4110 Employee or Self-Employed and seek legal advice.

It is ultimately the responsibility of the Identified User to ensure that Call-ups/Contracts do not create employer-employee relationships.

10. Classifications

The list of classifications contains detailed information for each classification. Identified users must provide information on the duties and tasks to be performed. This will allow the Active SO Holder/Supplier firms' counselors to match the needs of a specific job/task with the skills and experience of available temporary help employees. Disputes in this area are to be addressed to the Standing Offer/Supply Arrangement Authority named herein.

11. Notice

Despite the stated minimum of two (2) days' notice required, Identified Users should provide as much advance notice as possible; normally five (5) calendar days notice will result in a more thorough review for the "best-qualified" temporary help resources.

12. Resumes & Interviews

For Streams 1 to 3, interviews and resumes may not be required by the Identified User, however, if the Identified User chooses to request interviews for these classifications (under Streams 1 to 3), the Identified User will be charged four (4) hours at the hourly rate of the candidate, for each interview. Identified users are to issue a separate call-up/contract document for these interviews.

Note: Telephone interviews are encouraged, as the four (4) hours charge will then not be applicable. To ensure that the chosen resource will remain available to you, please contact the company as soon as possible when a decision is made.

For Streams 4 and 5 (all classifications under Streams 4 and 5), Identified users are entitled to one (1) interview for up to three (3) candidates at no charge, and may request resumes or work samples.

13. Quality Control

All services are to be performed to the complete satisfaction of the Identified User and are subject to his/her acceptance. Identified Users are asked to provide PWGSC with a Client Satisfaction Report as needed. In the report, Identified Users should provide information on both satisfactory SO Holder/Supplier, which provide high quality services, and unsatisfactory SO Holder/Supplier which consistently are unable to supply resources as well as instances was less than satisfactory, including cases where resources were rejected because of unsatisfactory performance.

In addition, Identified users are to report the following situations to PWGSC:

• If the SO Holder/Supplier repeatedly cannot provide a resource that meets the classification requirements requested by the Identified User; or
• If the SO Holder/Supplier provides poor service or unqualified temporary help resources; or
• Any other situation where any Active SO Holder/Supplier contravenes the terms and conditions of the SO/SA.

Identified Users should report inefficiencies, extensive absenteeism, or inability to perform assigned duties on the part of the temporary help resources immediately to the Temporary Help Authority. If the issue cannot be resolved by the Temporary Help Authority and Active SO Holder/Supplier, the Identified User should contact the Standing Offer/Supply Arrangement Authority for assistance. Such notification will provide the Standing Offer/Supply Arrangement Authority with an opportunity to take any further corrective action that may be required under the circumstances.

14. Family Day

Family Day is observed as a public (or statutory) holiday in the province of Ontario and is held every year on the third Monday of February. This is an Ontario provincial holiday that the Federal Government of Canada has not adopted and, as a result, all Users of THS are reminded that it is the right of the Supplier to decide if their THS resource will or will not work on “Family Day”.

If a THS resource reports to work on that day, THS Suppliers will be paid at the regular contract rate, as the THS Standing Offers and Supply Arrangements do not provide for premiums to be paid to Suppliers for work on statutory holidays. Because of this, Supplier agreement is necessary before the resource reports to work on "Family Day".

If a THS resource does not report into work on that day, Suppliers will not be entitled to invoice the Federal Department/Agency for that day as no services were provided.

The THS Federal Department User (FDU) requires agreement from the Suppliers that they will only charge the regular contract rate if they agree to have the resource work. If the Supplier states that the FDU will pay the resource 1.5X the rate in order for that resource to show up at work then FDU should say no and resource won't work.

15. Overtime

Overtime must be discussed between the Federal Department User and the SO Holder/Supplier and must be pre-approved. Whenever there is overtime work performed, the contractor will be paid using overtime rate indicated by the Supplier to the Federal Department User. Overtime is regulated by provincial legislation and is therefore calculated based on where the work is performed.

• For the province of Ontario, overtime is payable for time worked in excess of 44 hours in a week.
• For the province of Quebec, overtime is payable for time worked in excess of 40 hours in a week.

16. Resource Resumes

In response to situations of falsified résumés, or portions thereof, an assessment process will be implemented to establish the procedures that PWGSC will use to investigate challenges of falsified information. The punitive measure that will result from a validated situation of a falsified résumé, or portions thereof, will be automatic suspension of the Supplier from the THS On-Line System.

17. Written Consent

Further to the Bulletin of November 2010 (Written consent from resource) and specific to the Standing Offer, effective April 1, 2011, Suppliers will be required to submit with each response to a Request for Availability a copy of the written agreement from the resource covering the availability of the resource for the full duration of the proposed call-up.

Threaded to the above requirement for receipt of a copy of the written agreement (given by a temporary help resource to a company), Federal Government Department users, will need to track the name of the temporary help resource. Where it is found that a temporary help resource bid by the company with the Right of First Refusal, and who had provided his/her written consent to be bid by that company for a specific requirement, subsequently advises unavailability for the assignment, then that resource will not be considered a valid proposal from any other bidder.

18. Security Clearances of Resources

With respect to security clearances of resources, Suppliers are reminded that the Security Clearance Global Release Option form is not to be completed (populated) by Suppliers nor is the form to be used to restrict the mobility of a resource. An assessment process will be implemented to establish the procedures that PWGSC will use to investigate challenges of falsified information.

Section III: Information for SO Holder/Supplier

1. Code Of Ethics & Standards of SO Holder/Supplier

The SO Holder/Supplier must observe the highest principles of integrity, professionalism and fair practice in dealing with Identified Users, candidates, employees and all regulatory authorities; and will respect the confidentiality of records in accordance with law and good business practices.

The SO Holder/Supplier must provide leadership in the adherence to both the spirit and letter of all applicable human rights, employment laws and regulations. The SO Holder/Supplier must treat all candidates and employees without prejudice and must not accept an order from any client that is discriminatory in any way.

The SO Holder/Supplier must take all reasonable steps to provide Identified Users with accurate information on each candidates' employment qualifications and experience; and shall only present those candidates who have given them written authorization to represent their application for employment.

The SO Holder/Supplier must supply candidates and employees with complete and accurate information as provided by the client, regarding terms of employment, job descriptions and workplace conditions.

The SO Holder/Supplier must not recruit, encourage or entice a candidate whom it has previously placed to leave the employ of its client, nor must it encourage or coerce an individual to leave any temporary assignment before the stated completion date.

The SO Holder/Supplier must not restrict the right of a candidate or employee to accept employment of their choice.

The SO Holder/Supplier must maintain the highest standards of integrity in all forms of advertising, communications and solicitations.

The SO Holder/Supplier must ensure that its Identified Users, candidates and employees are aware of its duty to abide by this Code of Ethics & Standards and such supporting policies and guidelines.

2. Services

The Active SO Holder/Supplier must provide services in accordance with the terms and conditions of the Standing Offer/Supply Arrangement (no other conditions are applicable).

The Active SO Holder/Supplier will as a result of a request for call-up or Request for Proposal:

1. Review its inventory of temporary help resources in the specified area to identify all resources possessing the basic skills (including skill testing).
2. Review the experience and previous performance of temporary help resources and match with the job/task description provided by the Identified User.
3. Contact the proposed temporary help resource to verify his/her willingness/ability to accept assignment and obtain the written consent of the temporary help resource prior to submitting his/her name in response to a Request for Availability or Request for Services under the THS On-Line System.
4. Propose an hourly rate that matches the WPR rate of the given classification and level of expertise in the case of call-up against the Standing Offer.

If a temporary help resource is found to be unsuitable and the Active SO Holder/Supplier is notified within four (4) hours from the commencement of the start of his/her service, Canada will not be liable for payment to the Active SO Holder/Supplier for that period.

If the Active SO Holder/Supplier provides poor service or unqualified temporary help resources, Identified Users will contact the Standing Offer/Supply Arrangement Authority with details and the Active SO Holder/Supplier will be notified. Three (3) separate complaints may result in the removal of the Active SO Holder/Supplier from the Temporary Help Services (THS) System.

3. Workplace Hazardous Materials Information System (WHMIS)

Stream 3 Active SO Holder/Supplier are responsible for basic WHMIS training and for basic protective gear such as steel toe boots and a hard hat, as stipulated in applicable classifications; any training requirements and protective equipment specific to the workplace, shall be responsibility of the client. Stream 3 Active SO Holder/Supplier must refer to each classification descriptions for a complete list of requirements.

4. Time Worked

The Active SO Holder/Supplier will only be paid for actual time worked that has been pre-approved by the Identified User.

See below for the nature of information required on time sheets:

• Week starting / ending:
• From / To:
• Classification and Level:
• THS Supplier:
• Name of THS Resource:
• Call up/Contract Number:
• Hourly Rate:
• Over Time (Pre-approved):
• Daily Total Reg. + O.T. =
• Weekly total:
  • Sun.
  • Sat.
  • Fri.
  • Thu.
  • Wed.
  • Tues.
  • Mon.

THS resource's Signature: ______________________
Client Representative: ___________________________
Date: _________________

Payment will be made for hours actually worked in accordance with Basis of Payment in the Call-up/Contract. Canada will not accept any charges for statutory holidays or annual leave or sick leave incurred by the Active SO Holder/Supplier as a consequence of satisfying the terms of the resulting Call-up/contract.

the Identified User will validate the hours actually worked by the temporary help resource by signing this schedule. Electronic communication will be acceptable where authorized by departments.

Temporary Help Services resources must submit this signed Hourly Schedule to its employer, the Active SO Holder/Supplier.

5. Compliance

It is imperative that the SO Holder/Supplier report to PWGSC within fifteen (15) days, any changes that could affect its compliance with the terms and conditions of the resulting Standing Offer/Supply Arrangement. Failure to do so could result in the Standing Offer being set aside or the Supply Arrangement cancelled.

6. Reinstatement Process

This section entitled "Reinstatement Process" pertains actions related to the contents of the document entitled "Protocol and Standards for the THS On-Line System Applicable to Federal Department Users and Suppliers", e.g. item 2 above addresses the services provided by an SO/SA Holder and the action that could result relating to poor service. The contents of item 6, hereunder, provides further information on actions that may be taken by PWGSC and the approach to be followed for setting aside a Standing Offer or canceling a Supply Arrangement.

Standing Offers/Supply Arrangement will be set aside/cancel and Call-ups/Contracts may be terminated for default if the SO Holder/Supplier does not correct any deficiencies to the satisfaction of PWGSC in the allotted three (3) month period. PWGSC will take the following steps:

1. a notice will be sent to the SO Holder/Supplier stating the deficiencies and allow a minimum of three (3) months to correct the situation. At the discretion of the SO/SA Authority a longer period may be granted depending on the gravity of the deficiencies;
2. after this period, should the situation not be corrected to the Standing Offer/Supply Arrangement Authority's satisfaction, the SO/SA will be set aside/cancel. The SO/SA Authority will notify the Identified Users to stop placing call-ups/contracts with this SO Holder/Supplier until otherwise notified;
3. depending on the degree to which the criteria have not been met, PWGSC may require, at its discretion, a detailed list of all active call-ups/contracts with the name of the Identified User, the contact person and the telephone number. Depending on the case, the contracting authority may terminate any call-ups/contracts if warranted; and
4. when the SO/SA is set aside/cancel, after a one (1) year period and at the SO Holder/Supplier's written demonstration that problems have been corrected, PWGSC may review the situation (and may include a Facility Inspection) with view to SO Holder/Supplier to be able to re-submit a Technical Offer if the period of the Standing Offer/Supply Arrangement has not expired (to Date, Month and Year).

7. Commercial Office

The Offeror/ Supplier must occupy and maintain, at the time of the offer and during the lifetime of any resulting Standing Offer/Supply Arrangement for Temporary Help Services, a fully operational permanent commercial office open during normal business hours (7-1/2 hrs per day, Monday to Friday) with a minimum staff of two (2) full time primary contacts, one of which must be able to offer services in both official languages, dedicated to the supply of THS to Identified users and with four (4) hours response time to Identified user departments. The Offeror/Supplier must provide the address of its commercial office as well as the name of its two full time primary contacts and indicate which employee can offer the services in both official languages.

Protocol and Standards for THS Applicable to Identified Users and Suppliers, can be updated from time to time and such modification will be posted on the THS website.

8. Written Consent

Further to the Bulletin of November 2010 (Written consent from resource) and specific to the Standing Offer, effective April 1, 2011, Suppliers will be required to submit with each response to a Request for Availability a copy of the written agreement from the resource covering the availability of the resource for the full duration of the proposed call-up.

Threaded to the above requirement for receipt of a copy of the written agreement (given by a temporary help resource to a company), Federal Government Department users, will need to track the name of the temporary help resource. Where it is found that a temporary help resource bid by the company with the Right of First Refusal, and who had provided his/her written consent to be bid by that company for a specific requirement, subsequently advises unavailability for the assignment, then that resource will not be considered a valid proposal from any other bidder.

9. Security Clearances of Resources

With respect to security clearances of resources, Suppliers are reminded that the Security Clearance Global Release Option form is not to be completed (populated) by Suppliers nor is the form to be used to restrict the mobility of a resource. An assessment process will be implemented to establish the procedures that PWGSC will use to investigate challenges of falsified information.

10. Resource Résumés

In response to situations of falsified résumés, or portions thereof, an assessment process will be implemented to establish the procedures that PWGSC will use to investigate challenges of falsified information. The punitive measure that will result from a validated situation of a falsified résumé, or portions thereof, will be automatic suspension of the Supplier from the THS On-Line System.