Appendix I - Temporary help services
Download Appendix I
Revised June 9, 2003. The contents of this appendix contain both mandatory requirements as well as guidelines.
1. Background
1.1 This Appendix supplements the provisions of Section 4., Policy requirements, and article 4.2, Related requirements and applies to all categories of
contracted services that may be provided by temporary help firms. The services provided by temporary help firms are traditionally used against vacancies during staffing
action, when a public servant is absent for a short period, or when there is a temporary work load increase for which insufficient staff is available. Public Works and
Government Services Canada is responsible for qualifying firms and negotiating basic rates under master standing offers. Under this arrangement, the Crown receives a
consistent product at the lowest market rates, and private sector firms are satisfied.
1.2 Contracting authorities subject to the contracting policies and guidelines of the Treasury Board enter into separate contracts with temporary help firms each time a
call-up is made against a standing offer for the supply of temporary help services. Provided that departments consider services available under the standing offer, they
have the choice of acquiring temporary help through the PWGSC standing offer, establishing their own standing offers, or of dealing directly with other suppliers on a case
by case basis.
1.3 Deleted.
1.4 When contracting for the services of individuals, including temporary help, contracting authorities should carefully review the circumstances in order to avoid
establishing an employer-employee relationship which would be in conflict with the Public Service Employment Act or the Public Service Staff Relations
Act and other key legislation, such as the Employment Insurance Act and the Canada Pension Plan. For guidance in assessing an employer-employee
relationship, either seek legal advice or consult the Canada Customs and Revenue Agency which provides guidance, such as "Employee or Self-Employed?", publication number
RC4110, or visit http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-e.html. 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.
1.5 Deleted.
2. Contracting procedures
2.1 Public Works and Government Services information document
2.1.1 Public Works and Government Services provides an information document to contracting authorities describing the present special arrangements for administrative
support categories in the National Capital Region as well as standard contracting practices for all other requirements. Methods of supply and contracting procedures
appropriate for particular regions and categories of services have been established by Public Works and Government Services with due consideration for best value.
2.2 Public Works and Government Services standing offers
2.2.1 For administrative support and other categories both in the National Capital Region and other regions across Canada, as required in article 4.2, Related
requirements, contracting authorities should give consideration to obtaining these services directly from companies with which the Department of Public Works and
Government Services has entered into temporary help standing offers. Contracting authorities have the option of acquiring temporary help through a standing offer
established by Public Works and Government Services, or by dealing directly, by means of a separate departmental standing offer or a contract with other suppliers.
2.2.1.1 Through the various regional offices across Canada, Public Works and Government Services issues a list of companies, including rates, terms and conditions,
which contracting authorities may utilize in the engagement of temporary help. Public Works and Government Services, in consultation with the Public Service Commission,
specifies in its standing offers with temporary help firms, the types and levels of employees to be provided and, where applicable, the test standards to be met by firms
and the qualification standards required of employees. Public Works and Government Services requires the temporary help firms to replace immediately any of their employees
whose performance is found to be unsatisfactory to the client department.
2.2.2 Call-ups against PWGSC standing offers should be reported to Public Works and Government Services.
2.2.3 The contractual arrangements of certain Public Works and Government Services standing offers provide alternative sources of supply with a range of different rates
for similar services. In making call-ups against these standing offers, client contracting authorities should select specific firms based on cost-effectiveness
considerations. Normally, the lowest-priced service should be chosen. It should be noted that sources supplying better quality services are not necessarily more
highly-priced. Contracting authorities should not automatically select the same source for all requirements.
2.3 Authorized personnel
2.3.1 Departments and agencies should ensure that there is consistency of practice in obtaining temporary help services. Each department or agency is expected to inform
Public Works and Government Services of the names of those persons who are authorized to request contracting action from Public Works and Government Services or to make
call-ups against the standing offers. Such persons will generally be responsible officers performing personnel functions in the organization. The number of persons so
authorized should be kept to a minimum.
2.3.2 Public Works and Government Services are to ensure that suppliers do not accept call-ups against standing offers by persons who are not specifically
authorized.
2.4 Quality control
2.4.1 Contracting authorities should ensure that temporary help employees meet qualification standards specified in the contract by:
- where necessary, giving temporary help employees on-the-job tests;
- rejecting employees who are unable to perform as required; and
- reporting reasons for rejections to Public Works and Government Services.
2.4.2 It is important to maintain quality control over temporary help services provided under contract. Quality can be monitored by a co-ordinated analysis of
inadequate performance, including rejections of persons provided under contract. In accordance with the procedures provided by Public Works and Government Services,
contracting authorities should provide Public Works and Government Services with a summary of those firms which consistently are unable to supply personnel as well as
instances in which performance was less than satisfactory, including cases when persons called up under standing offers were rejected because of inadequate
performance.
2.5 Certifications
2.5.1 Under sections 33 and 34 of the Financial Administration Act, contracting authorities are responsible for the audit of supplier invoices and the
certifications required.
3. Expenditure coding
3.1 All expenditures incurred for the services of temporary help, excluding finder fees and Public Works and Government Services charges, should be charged to the
appropriate economic object, "Temporary Help Services" of Standard Object 04, "Professional and Special Services". As a result, this economic object is to be used
solely for expenditures made under this policy.
|
