FA002 Municipal Tendering and Procurement Policy

Municipality of Roblin, Manitoba

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MUNICIPALITY OF ROBLIN POLICIES AND PROCEDURES MANUAL Section: Finance and Administration Policy No.: F/A-002 Subject: Municipal Tendering and Procurement Policy Date Issued: May 26, 2020 Resolution No.: 2020-192 Revising Resolution No: 2021-331 2024-319 Revision Date: August 10, 2021 August 13, 2024 1. Purpose 1(1). The purpose of this policy is to establish guidelines for the purchase of goods and services, for construction projects undertaken by the Municipality of Roblin, and for the sale of municipal capital assets. It will ensure compliance with the Manitoba Municipal Act and other relevant procurement legislation, municipal By-laws, and resolutions. 2. Definitions 2(1). In this Policy, unless the context otherwise requires: "Bid" A competitive bid received from a supplier in response to a verbal or written Request for Quotation, a Request for Proposal, or a Formal Tender. "Bid Opportunity" A publicly advertised invitation for suppliers to submit bids for the provision of goods or services through a Request for Quotations, a Request for Proposals, or a Formal Tender. "Bonding" Requirement for various types of security such as bid bond, performance bond, labour and materials bond, or other financial security that may be required as a means of ensuring the successful bidder executes the contract providing financial security for the Municipality. "Evaluation Criteria" Specific and measurable pre-determined matrix created in order to evaluate bid submissions. "Goods" Physical items, objects, wares, merchandise, or property for which a demand exists (e.g. machinery, gravel, office supplies, computer hardware, land). F/A-002 Municipal Tendering and Procurement Policy Page 2 of 7 "MERX" An electronic tendering website (http://www.merx.com). The Municipality will advertise on the MERX website in accordance with the Canadian Free Trade Agreement (CFTA) Article 504-3(b) and the New West Partnership Trade Agreement (NWPTA) Article 14(c). "Bidder Pre-Qualification" The screening of potential bidders on factors such as, but not limited to, experience, ability, past performance, and financial capability in order to develop a list of qualified bidders who will receive the bid solicitation. "Procurement" The acquisition of goods, services, or construction, including rentals and leases. "Reference Documents" Any specifications, guidelines, policies, drawings, or standards, or any other documentation that may be appended to or referenced in any Bid Opportunity. "Services" All types of services, including construction (e.g. consulting, engineering and design, accounting and auditing, legal, maintenance, operation and repair of buildings, machines, or equipment). "Sole Source Purchase" A purchase where there is only one vendor capable of providing an item or service in a feasible manner making it impractical to obtain competitive bids. 3. Principles 3(1) The following principles will guide the procurement practices of the Municipality of Roblin and the process for the sale of municipal capital assets.  An open, fair, and consistent process for the procurement of goods, services, and construction projects that will attempt to ensure the best value for a dollar spent.  A procurement process that encourages competitive bidding for the supply of goods and services.  An open, fair, and consistent process for the sale of surplus assets that will ensure the best value for assets sold.  Accountability of the Municipality for the procurement of goods and services and the disposal of surplus assets. F/A-002 Municipal Tendering and Procurement Policy Page 3 of 7 4. Procurement Guidelines 4(1) The value of the goods and services is the total financial commitment resulting from the procurement, including any premiums, fees, commissions, interest, duty, freight, and applicable taxes. 4(2) The following guidelines will be followed for the purchase of goods and services:  Up to $15,000 - For the acquisition of goods and services with a value of up to $15,000, no quotations will be required. Funds are to be identified in the municipality's financial plan.  $15,001 to $50,000 - For the acquisition of goods and services with a value between $15,001 to $50,000, at least two quotes will be required. These quotations may be obtained verbally or in writing, except during a State of Local Emergency where due to immediate need and time constraints, normal procurement methods cannot be followed.  $50,001 to $74,999.99 - For the acquisition of goods and services with a value between $50,001 and $74,999.99, typically of a capital nature, the municipality will obtain at least three written quotations or bids. These quotations or bids may be obtained in writing, except during a State of Local Emergency where due to immediate need and time constraints, normal procurement methods cannot be followed.  Goods and services equal to or greater than $75,000 and construction projects equal to or greater than $200,000 - For the acquisition of goods and services equal to or greater than $75,000 and construction projects equal to or greater than $200,000, Bid Opportunities will be advertised on the National electronic tendering system (MERX) (www.merx.com) and/or another system that is low cost, easy to use, and readily accessible across Canada, in accordance with the terms of MASH Annex 502.4 and the New West Partnership Trade Agreement. 4(3) The Municipality of Roblin is not required to accept a bid if it decides not to proceed with the purchase, if all bids are too high, or if none meet the needs, requirements, or stipulations of the Municipality. The Municipality of Roblin retains the right to reject the lowest or any bid, at its sole discretion. F/A-002 Municipal Tendering and Procurement Policy Page 4 of 7 5. Methods and Processes of Procurement 5(1) The Municipality of Roblin will use the following methods of procurement:  Sole Source Purchase  Bidder Pre-Qualification  Request for Quotations  Request for Proposals  Formal Tender The method selected will be dependent on the size and type of the purchase. 6. Advertising Bid Opportunities 6(1) All bid opportunities solicited through a Request for Quotations, Request for Proposals, or a Formal Tender will be posted on the Municipality of Roblin website and may be advertised in the Roblin Review, or equivalent. 6(2) All bid opportunities for the procurement of goods and services valued equal to or greater than $75,000 and construction projects valued equal to or greater than $200,000 will be advertised on the National electronic tendering system (MERX) (www.merx.com) and/or another system that is low cost, easy to use, and readily accessible across Canada, in accordance with the terms of MASH Annex 502.4 and the New West Partnership Trade Agreement. 6(3) All quotations, proposals, and tenders will be directed for submission to [email protected] or through MERX, where they will remain closed for review until the submission deadline to ensure impartiality and fairness. 6(4) The provision of Bonding may be required to mitigate the risks incurred by the Municipality through the duration of a project. Bonding requirements must be explicitly requested in the Request for Quotations, Request for Proposals, or Formal Tender documents or any applicable Reference Documents. F/A-002 Municipal Tendering and Procurement Policy Page 5 of 7 7. Award of Contracts 7(1) No elected official or employee of the Municipality shall knowingly cause or permit anything to be done or communicated to anyone that could cause any potential bidder to have an unfair advantage or disadvantage in obtaining a contract for the supply of goods, services, or construction to the Municipality. 7(2) Quotations, proposals, and tenders will be awarded using the evaluation process (if any) that is specified in the procurement documents. Generally, the Municipality of Roblin will award contracts to the bid that provides the best combination of value to the local taxpayers in terms of combined total cost and quality of the good or service. 7(3) Bids will be reviewed by a minimum of two Municipal employees. 7(4) The Municipality of Roblin is not required to accept any bid if the municipality decides not to proceed with the purchase or project. 7(5) When all factors are equal, in terms of price, quality, suitability, service, and delivery, the Municipality of Roblin may give preference to a "local" supplier. 7(6) The Municipality of Roblin may enter into a contract with the successful bidder. The form of the contract will be determined by the Municipality. 8. Post-Award Approvals 8(1) Once a Bid Opportunity is awarded, the Chief Administrative Officer or designate may approve cumulative changes up to 10% of the Total Contract Price or the maximum of their authorized limit, whichever is less, if within budget for the approved current year's Financial Plan. 9. Approval Authority 9(1) Authority to approve procurements of Goods or Services are as follows:  Less than, or equal to $5,000.00; providing the expenditure is identified in the Municipality's Financial Plan: o Chief Administrative Officer, or o Designated Officer F/A-002 Municipal Tendering and Procurement Policy Page 6 of 7  Less than, or equal to $10,000.00; providing the expenditure is identified in the Municipality's Financial Plan: o Chief Administrative Officer, o Assistant Administrative Officer, o Public Works Manager, o Recreation Manager, o Planning/Development Officer, or o Fire Chief  Greater than, $10,000.00 or where the low bid is not accepted: o Council  All contracts for professional services: o Council 10. Process for Selling Surplus Assets 10(1) Surplus/obsolete vehicles, furniture, and equipment will be disposed of in the following manner:  competitive bid process through a Request for Quotations, or  public auction, or  trade-in on a new or replacement capital asset, or  Council resolution in cases where the estimated value is less than or equal to $5,000 10(2) Invitations to bid on capital assets offered for sale by the Municipality of Roblin will be:  posted on the Municipality of Roblin's website for at least 14 days before the closing date of the invitation to bid.  published in at least one edition of the Roblin Review or advertised online for assets with an estimated fair market value in excess of $5,000. 10(3) Surplus assets traded in on new or replacement assets will not be advertised for public sale. 10(4) Non-capital items (e.g. chairs, tables, office equipment) valued at under $1,000 can be disposed of via donation, auction, or sale as authorized by the Chief Administrative Officer. 10(5) All sales of assets shall be conducted on an "as-is" basis, with no warranties or guarantees provided by the Municipality. F/A-002 Municipal Tendering and Procurement Policy Page 7 of 7 10(6) Contracts for the sale of a surplus asset to a bidder shall be awarded using the evaluation process that is specified in the invitation to bid. The Municipality of Roblin is not required to accept a bid if Council decides not to proceed with the sale (e.g. if all bids are too low). The highest or any bid will not necessarily be accepted. 10(7) The Chief Administrative Officer may award surplus assets without competition or auction to any party in limited circumstances, as determined and approved by Council. 10(8) Payment in full must be received by the Municipality of Roblin within 30 days from the date of notification of successful bid acceptance. Failure to complete payment within the specific timeframe may result in the sale being awarded to the next highest responsive bidder. 10(9) The Chief Administrative Officer or Designate may, with the approval of Council, award surplus capital assets without competition or auction to any municipality in limited circumstances, as determined and approved by Council. 11. Procurement Accounting and Management 11(1) The Accounting/Finance Clerk will, through delegation from the Chief Administrative Officer, ensure that the accounts for authorized expenditures of the Municipality are paid. 11(2) Administration will regularly prepare accounts payable listings that include the supplier name, the good(s) and/or service(s) provided, and the amount payable to each supplier. 11(3) The accounts payable invoices will be available for review by any Council member, at their request. 11(4) The Chief Administrative Officer or designate will provide updates to Council regarding major capital projects and/or expenditures as required.