There are many different roles and persons involved in contracting processes with the province. These may include:
Ministry Contracting Organization Structure
The ministry has divided the province into geographic Service Delivery Areas (SDAs) and further into Local Service Areas (LSAs). View the Service Delivery Area Map (PDF). The ministry’s service delivery division is accountable for the success of service delivery and is contract management.
The following are standard ministry contracting roles. This section does not designate classifications, job titles or designation of duties and should be used as a reference point for roles and responsibilities only.
Expense authority may be granted to ministry staff enabling them to:
A ministry staff member who signs a contract must have appropriate levels of expense authority as part of their position, authorizing them to approve the financial commitment. The scope of authority provided is tracked in a ministry delegation matrix.
Responsibility for financial transactions and accountability is split between the expense authority and the qualified receiver to ensure segregation of duties. The expense authority initiates and signs a contract, and actual payment requires the qualified receiver's confirmation of the receipt of the contracted services.
The expense authority could be a Program Director or Manager, such as an Executive Director of Service, and may also be the contract manager; however they cannot also be the Qualified Receiver.
CPPM 4.3.2 outlines Expense Authority requirements. Expense Authority training is available for government staff through the BC Public Service Learning System.
The qualified receiver inspects the goods or services to ensure they meet the contract requirements, before payment is authorized. The qualified receiver may be any government employee who has firsthand knowledge of the goods and services received. CPPM 4.3.2 outlines qualified receiver requirements.
The Contract Manager manages the contract on behalf of the ministry and is the point of contact for the service provider. The contract manager is supported by:
Contract managers may be, but are not limited to, Community Services Managers (CSM), Project Managers, Program Managers and other managers or government staff. They manage internal ministry operations or provincial programs and services on behalf of the ministry or clients. The Contract Manager is supported by other ministry staff, which may include the Procurement and Contract Management Branch and Service Delivery Finance and Decision Support staff.
The Contract Manager is accountable for the success of service delivery - including, ensuring the right services are available in the right areas and, delivered by a qualified service provider in order to achieve identified outcomes for the children, youth and families being served - and acting as the expense authority for the associated budget.
The Contract Manager:
The Contract Administrator manages the flow of documents and transactions throughout the procurement cycle. They are often Procurement and Contract Management Branch staff.
The Contract Administrator:
The Procurement and Contract Specialist supports the Contract Manager by planning, procuring, monitoring and evaluating the efficiency and effectiveness of contracted resources in carrying out services. Procurement and Contract Specialist are often Procurement and Contract Management Branch staff.
The Procurement and Contract Specialist:
The Procurement and Contract Management Branch delivers services that enable transparent, equitable, value for money and accountable procurement and contract management which helps ensure that the ministry receives quality services.
The vision of the Branch is to provide procurement and contract leadership to support effective and efficient contracted services. The goals include:
The Branch supports best practices in contracted service delivery through the following services:
The Program Director or Manager oversees program delivery and ministry operations. They exercise expense authority and are accountable for program spending decisions.
The Program Director or Program Manager:
Details on the division of duties between the Program Director/Manager from the ministry's service delivery division and the procurement resources from the Procurement and Contract Management Branch are outlined in the tables below.
Planning |
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Function |
Contract Manager – Program Director/Manager |
Procurement and Contract Management Branch |
Annual Procurement Plan |
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Procurement Required |
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Pre-Award and Solicitation |
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Function |
Contract Manager – Program Director/Manager |
Procurement and Contract Management Branch |
Solicitation Document |
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Award |
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Function |
Contract Manager – Program Director/Manager |
Procurement and Contract Management Branch |
Contract New, Renew, Modification |
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Administration and Monitoring |
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Function |
Contract Manager – Program Director/Manager |
Procurement and Contract Management Branch |
Service Delivery |
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Address Performance Issues |
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Manage Budget |
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Manage Unearned Revenue |
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Termination |
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Reporting |
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Function |
Contract Manager – Program Director/Manager |
Procurement and Contract Management Branch |
Service/Program Reporting |
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Post-Contract Evaluation |
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Function |
Contract Manager – Program Director/Manager |
Procurement and Contract Management Branch |
Lessons Learned |
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Relationship Management |
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Function |
Contract Manager – Program Director/Manager |
Procurement and Contract Management Branch |
Service Provider Management |
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A member of the ministry’s executive team is accountable for ministry policy and procedures and ensures that resources are available to support procurement and contract management operations. Examples of executive include the Deputy Minister (DM) and Assistant Deputy Ministers (ADMs).
An executive member:
Service Provider Organization Structure
Each service provider is unique and may have a different organizational structure. Ranging from a single sole proprietor, to a provider with only few staff, to a large complex organization. The organizational structure may influence how the service provider enters into and manages contracts.
Example:
An organization with a board structure may need to seek board approval before entering into a contract or applying on a solicitation. They may also have legal departments who may need to be consulted.
Accountability
The ministry ensures programs and services are clearly defined, measured and managed. Accordingly, the ministry follows the accountability framework defined within the Core Policy and Procedures Manual that:
Government's procurement and contract management policy promotes the principles of fair and open public sector procurement to provide goods or services to the government or on its behalf: CPPM 6.1
The Ministry acts as a steward of public funds and is accountable to citizens for achieving desirable outcomes. The ministry strives to ensure all potential ministry clients have access to information about:
The ministry is accountable to the citizens and taxpayers. Regular reporting to the public on the outcomes of services and programs illustrates accountability.
The ministry is also accountable to provide appropriate information and guidance to its service providers.
As the ministry relies heavily on contracted services to deliver social programs, the ministry recognizes the responsibilities of service providers.
All public service employees must follow Standards of Conduct for Public Service Employees as part of their employment agreements. Those involved in any stage of procurement process must in addition, follow the Standards of Conduct for Public Service Employees Engaged in Government Procurement Processes.
These standards protect employees; therefore, all employees should read these documents and, if necessary, seek clarification in order to avoid placing themselves in conflict with the standards.
Service providers are obligated to provide services as set out within their contract. Service providers are accountable to the:
This accountability includes the requirements to:
Balanced Approach to Relationships
The ministry promotes the use of collaborative relationships with service providers, taking into consideration the need for continuity of care for children, youth and families.
Collaborative relationships can be built into all phases of the procurement cycle, right from Planning through to Post-Contract Evaluation.
Collaborative relationships balance short-term gains with long-term sustainability. Such relationships are essential to community long-term benefits and help ensure the ministry receives quality deliverables and the services required while service providers are adequately compensated. An environment of trust and open communication is developed where challenges or issues can be shared and addressed.
Collaborative relationships are based on a shared purpose, and are sensitive to the needs of the organizations involved. Combined with differing insights and core competencies, this may result in innovation. Innovation can result in more efficient operations, faster problem resolution, improvements to quality, the ability to reduce costs, and/or greater ability to respond to needs with new or enhanced services.
Relationship Management
Relationship Management represents the first phase of the procurement cycle for two key reasons:
Effective working relationships are the responsibility of both the ministry and service providers and are essential to positive outcomes. An effective relationship can make working through the standard problems that often arise in a contracting relationship easier. Issues Management and Conflict Resolution for more information.
A well-structured contract with well-articulated and relevant terms, conditions and service requirements is foundational to a successful contracting relationship. A good relationship with the service provider will not only improve the quality of a written contract, but it will also breathe life and vitality into the entire procurement cycle. Relationship management and interpersonal and proactive skills are important in a Contract Manager.
Effective, respectful relationships fall most naturally from proactively committing time and energy into building the relationship. Best practice has found that this up-front dedication can save time and money in the long term.
In a collaborative relationship, ministry staff, the service provider and potentially members from the client group work together to identify and build upon complementary abilities. They work together throughout the procurement cycle to achieve positive outcomes for clients.
The common features of a collaborative practice include:
Collaboration is a welcomed approach within Aboriginal communities. Aboriginal children, families and communities benefit from relationships that reflect their unique cultural approaches. The significance of this approach to procurement and contract management has been recognized by the Office of the Comptroller General in the Aboriginal Procurement and Contract Management Guidelines and this thinking is embedded in this document.
Ministry Actions to Develop Collaboration
Within a contract, the deliverables need to be clearly defined. While the ministry maintains control over the contract deliverables, the service provider maintains control over how the deliverables are met within the parameters of the ministry’s policies. For more information, see Employee/Employer Relationships.
Example:
The ministry determines:
The service provider determines:
Collaborative Practice:
Can aid in decision making around program and contract standards and may lead to enhancement of services.
Optimum service outcomes can best be achieved by working together. This is particularly critical when working respectfully with Aboriginal organizations and communities where there is a strongly held value that Aboriginal people are in the best position to provide the unique service solutions (i.e. “the how”) in meeting the needs of their communities.
The ministry and the social services community maintain individual and shared responsibilities:
Both entities share common interests and values, such as service continuity, quality client services, and the preservation of community. These shared interests and values serve as a foundation for strengthening ministry-service provider relationships. Communication should leverage this common ground while respecting the unique responsibilities of each party.
Example
Ministry Responsibility:
Collaborative Practice:
A contract manager can communicate to the service provider the purpose and logic of these time constraints to assist in greater understanding and respect from the service provider.
Example
Service Provider Responsibility:
Collaborative Practice:
Service provider input can be used to identify and incorporate responsibilities into the planning phase before decisions are made.
Above are just two of an infinite number of examples that demonstrate how procurement and contract management processes can be conducted in a collaborative manner. Working together to understand common ground and individual responsibilities, the ministry and social services community can sustain an inclusive approach to planning and decision making that supports respectful and timely communications.
Collaborative practice is defined by mutual trust and respect, along with and an understanding of each other’s skills and knowledge. The development of mutual trust and respect involves actions that indicate you value the knowledge and skills of others and that you are open to shared learning.
While it's important for a service provider to understand the expectations of the procurement cycle, it's also important for a contract manager to understand the needs of the communities in which they work. For a ministry Contract Manager, this could mean becoming familiar with several micro-communities within their service delivery area. See Ministry Contracting Organization Structure and the Service Delivery Area Map (PDF).
Effective communication is the backbone to all good relationships. Good communication:
When building or strengthening relationships, communities and organizations, it is useful to remain open to unique ideas regarding where and how communication might happen. Ministry staff may be invited into an organization, the community, or to a ceremony as part of this communication. It is a good idea to ask the person making the invitation, whether there are any unique behavioural or social protocols to respect.
Contract managers can use:
Negotiation Protocol
Negotiation is part of the procurement lifecycle. The MCFD Negotiation Protocol sets out the basic responsibilities expected of those involved in negotiations between the ministry and contracted service providers. This protocol includes principles that support effective, balanced and respectful communication and reinforce consensus building and accountability in the negotiation process.
The protocol is referred to in the Ministry Service Agreement.
Issues Management & Conflict Resolution
Sometimes issues arise between contracting parties. These issues are addressed through the MCFD Conflict Resolution Protocol, which is a three-stage process outlining the approach that service providers and government contract managers will undertake to resolve issues. This protocol is referred to in the Ministry Service Agreement.
This protocol highlights collaborative relationships and encourages the discussion of problem areas as they arise. Either party may initiate the protocol. Contractually stated time lines for conflict resolution may be modified upon agreement. As the intent of the protocol is to promote efficient, timely resolution of disputes, steps may be omitted where mutually agreed to by both parties.
If a client complaint can't be resolved at a local level to the satisfaction of the client, the Service Provider must direct the client to the outlined Client Complaint Process and the Service Provider must cooperate with the process. Service Providers must inform clients about the Client Complaint Process described under Complaints.
For complaints related to a procurement process, see Vendor Complaint Process.