Municipality of WestLake – Gladstone, Manitoba
· adopted 2025-02-19
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14 DENNIS STREET E. GLADSTONE, MB R0J 0T0 PH.204.385.2332 [email protected]
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Municipality of
WestLake-Gladstone
Tendering & Procurement
Administration & Finance
No. 2016-001
Adopted By:
Date Adopted:
Reviewed by Council:
Amended:
Resolution No.16
08/16/2016
07/21/2021
Res. No. 2021-224
Resolution No.34
02/19/2025
02/19/2025
February 19, 2025
Purpose:
The purpose of this policy is to establish guidelines for the purchasing of goods and services to ensure
the financial resources of the Municipality are managed effectively and that purchases are made in the
most cost-effective manner.
Through this policy, Council delegates to administration the authority to incur expenditures in
accordance with the current year's Financial Plan (budget) through the processes set out in
this policy. The objectives of the procurement policy are:
1) To ensure that Goods, Services and Construction are acquired through fair, open, transparent
and competitive process that uniformly balances the interests of the taxpayer with the fair and
equitable treatment of suppliers.
2) To promote the most cost effective and efficient use of Municipal funds and resources by
acquiring Goods or Services at the optimum quality, quantity, price, delivery and performance.
3) To produce Goods or Services only as approved in budgets unless otherwise authorized by
Council, in the case of Emergency Purchase, or if required by law.
4) To encourage competitive bidding for the supply of all Goods and Services and disposal of assets
where applicable.
5) To consider Environmental Factors, Fair Trade and Ethical Procurement where practical.
Definitions:
Goods: Materials, equipment, fixtures, and structures to be delivered, installed or constructed.
Services: Any type of service provided, including but not limited, to labour, maintenance, professional,
engineering, architectural and consulting.
14 DENNIS STREET E. GLADSTONE, MB R0J 0T0 PH.204.385.2332 [email protected]
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Definitions Cont'd:
Construction: means new construction, reconstruction, demolition, repair or renovation of a building,
structure or other civil engineering or architectural work and includes site preparation,
excavation, drilling, seismic investigation, the supply of products and materials, the
supply of equipment and machinery if they are included in and incidental to the
construction, and engineering or architectural work, but does not include professional
consulting services related to the construction contract unless they are included in the
procurement.
Scope:
This policy applies to the procurement of goods, services and construction through purchase, lease,
rental or other agreement, by the Municipality for both operating and capital expenditures.
During a state of local emergency where due to immediate need and time constraints normal
procurement methods identified in this policy may not be able to be followed.
Process Integrity:
In order to maintain the integrity of the Procurement process and to protect the
interests of the Municipality, the public, and persons participating in the Procurement
process, the following shall be adhered to:
a) Open Process: The needs of the User Department are clearly communicated
in the Bid Opportunity. The method of evaluating the Bid and the Evaluation
Criteria are provided to Bidders in the Bid Opportunity.The method and format of submitting
Bids is addressed in the Bid Opportunity.
b) Fairness: Utilize standard documents whenever practical (Instructions to
Bidders, Terms of Reference/Conditions, Supplemental Conditions and Bid
Forms) to ensure consistency of content and format within documents issued
by the Municipality. Specify clearly all details regarding the Closing Time
Opportunity for Bids and apply the rules of Bid acceptance consistently. Treat
all Bidders and Bids equally and without bias or favoritism at all times.
c) Open Competition: Develop Specifications and Bid Opportunities that
whenever possible are not restrictive and allow for Open Competition.
Advertise the competitive Bid Opportunities electronically where practicable
to further promote competition.
d) Accountability: Ensure that all Bids are kept secure prior to the Closing Time,
during the evaluation period, and following Contract award. Handle all
proprietary information and Bids submitted in confidence in accordance with
the Freedom of Information and Protection of Privacy Act (FIPPA). Ensure
that Requests for Proposals (RFP's) are evaluated by an Evaluation Committee
to allow for various perspectives and opinions when reviewing and evaluating
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proposals prior to Contract award. Ensure that all Bids, final rating results, and
related supporting documentation are kept on file in accordance with The
Municipal Act's Retention Requirements for future reference, audit, or
examination. Ensure that Procurement policies and procedures are reviewed
on a regular basis.
e) Conflict of Interest: No elected official or employee of the Municipality shall
knowingly cause or permit anything to be done or communicated to anyone,
which could cause any potential Bidder to have an unfair advantage or
disadvantage in obtaining a Contract for supply of Goods, Services, or
Construction to the Municipality.
f) Obligations and Duties: To comply with public sector Procurement rules, the
Municipality must abide by the following duties which create specific obligations that
must be adhered to:
I.
Duty of disclosure;
II.
Duty to award as tendered;
III.
Duty to reject non-compliant bids; and
IV.
Duty of fairness.
g) Co-operative Group Purchasing: The Municipality endorses the principle of cooperative
group purchasing with other municipalities, school divisions or other
quasi-government agencies. The Municipality may join these agencies or participate in
the Association of Manitoba Municipalities purchasing program in respect of
purchases in common demand.
Responsibilities:
1. All Goods Services and Construction shall be acquired in accordance with this policy.
2. All employees are responsible for:
a. Maintaining high legal, ethical, managerial and professional standards in the
management of the resources entrusted to them, as a publicly funded institution;
b. Using appropriate purchasing techniques including negotiating contractual terms and
conditions, cost reduction techniques and cooperating buying processes;
c. Using a fair and transparent process when calling for, receiving and evaluating
quotations and proposals;
d. Securing expense authorization prior to any purchases; and
e. Ensuring a supplier of Goods, Services or Construction holds a valid business license
where required.
3. Management is responsible for:
a. Ensuring all purchases are performed in accordance with this policy; and
14 DENNIS STREET E. GLADSTONE, MB R0J 0T0 PH.204.385.2332 [email protected]
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b. Continuously reviewing the department's use of Goods, Services and Construction to
ensure the Municipality is receiving the Best Value based on considerations including
but not limited to best quality, quantity, service and price
4. The Chief Administrative Officer shall provide support to Municipal staff and act as the
Municipality's agent authorized to form contractual agreements with vendors. Administrative
staff is responsible for:
a. Issuing purchase orders and agreements
b. Maintaining records of business transactions;
c. Disposing of assets as required through established methods;
d. Ensuring all business transactions are conducted ethically and professionally and
e. Ensuring that Bid Opportunities are circulated to all qualified suppliers.
Procurement Guidelines:
Purchases in accordance with this policy may be made with a Municipal credit card by an authorized
Municipal employee from an authorized vendor. Purchases are to be made on for general expenses for
municipal business and travel for municipal business. Any other use must be immediately reported to
the Chief Administrative Officer or Assistant C.A.O. Any charges incurred unrelated to Municipal
business or unauthorized charges must be repaid immediately and employees may be subject to
disciplinary action. The value of goods and services is the total financial commitment resulting from
the procurement, including any shipping costs and applicable taxes The following guidelines will be
followed for the purchase of Goods, Services and Construction:
a) Up to $5,000:
No formal quotes required but may be requested by the C.A.O. and/or Public
Works Foreman. No additional approval is required so long as the purchase is
included in the annual budget and the budget for that particular
expense category for the specified year has not been exceeded.
b) $5,001-$65,000:
Written quotes must be requested by the Chief Administrative Officer but are
not required for procurement if the purchase is included in the
annual budget, Public Works Foreman must request written authorization from
Chief Administrative Officer for expenditures of this amount if included in the
annual budget, otherwise approved by resolution of Council.
c) $ $65,001-74,999: A minimum of three written quotes must be obtained and the purchase must be
included in the annual budget, otherwise procurement requires approval by
resolution of Council.
d) Over $75,000:
Must be tendered or purchased through a competitive bid process, which
includes request for quotes. This requires Council approval regardless of budget
planning.
e) Service Agreements exceeding 2 years - must be approved by resolution of Council with the
exception to:
14 DENNIS STREET E. GLADSTONE, MB R0J 0T0 PH.204.385.2332 [email protected]
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I.
miscellaneous operational service contracts valuing less than $2,000 per year.
f) Subject to recommendation from the Chief Administrative Officer, Council may at its discretion
exempt the requirements for direct purchases that do not require competitive pricing and are
authorized to avoid non-efficient use of resources. Non efficient use of resources occurs when the
value of the time consumed obtaining pricing exceeds the money saved on the purchase. Direct
purchasing requirements must still comply with the MASH Annex 502.4.
Methods and Process of Procurement:
The Municipality will use the following methods of procurement:
1. Sole Source
Sole Source awards are permitted in the following circumstances:
a. In an emergency where Goods, Services or Construction are urgently required and delay
would be injurious to the public interest, provided:
i.
The Municipality Manager has so determined this to be the case; and
ii.
The sole source award is signed by both the Municipality Manager and Chief
Financial Officer;
b. When one of the following applies:
i.
there is only one available supplier that meets the requirements of the Bid
Opportunity. For Purchases Subject to NWPTA, reasonable efforts must be
made to identify potential suppliers;
ii.
the Goods, Services or Construction to be provided are the subject of a patent,
copyright, or exclusive license or distributorship. For Purchases Subject to
NWPTA, a sole source is only permitted if it is not possible to hold an open
competition requesting the item in question "or equivalent"
iii.
the Goods, Services or Construction to be provided are components or
replacements parts for which there are no substitutes; or
iv.
there is a need for standardization or compatibility with existing product,
facility, or service. and this has been determined to be operationally or
economically beneficial to the Municipality and the Purchasing Manager has
determined that workarounds to the above restrictions that would achieve
open procurement are not possible; or
c. Where the Municipality is able to 'piggyback' a new purchase on a supplier's existing
agreement with another public entity, or another contract within the Municipality, and
there would be a significant mobilization cost to retain another supplier.
2. Request for Quotation (RFO)
The Municipality may obtain an RFQ for Goods, Services or Construction valued between $5,000
and $65,000, typically of low complexity and low risk to the Municipality, in the following
manner:
a. By directly contacting known suppliers. This method will be used for the procurement of
minor goods and services such as standard office supplies, repairs or small tools. Where
14 DENNIS STREET E. GLADSTONE, MB R0J 0T0 PH.204.385.2332 [email protected]
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possible, written quotations will be obtained from three suppliers. Verbal quotations
will be accepted for routine minor purchases; or By a written RFP where the cost of the
item does not warrant the time and level of effort required for a tender. Suppliers will
be invited to provide quotations through public advertisement.
The award will typically go to the lowest total cost bid received for items that have a low
dollar value and are routine commercial goods.
3. Request for Proposal (RFP)
An RFP may be used to acquire professional services such as auditors, planning consultants and
engineering consultants purchases.
a. Potential suppliers will be asked to describe how their services, methods, equipment or
products can address the needs of the Municipality; and
b. In the case of Purchases Subject to NWPTA, the professional services (other than legal
services) will be acquired by Invitation to Tender.
4. Invitation to Tender
The Municipality shall issue an Invitation to Tender for Purchases Subject to NWPTA and for
purchases greater than $75,000.
a. Detailed terms and conditions will be provided in the Bid Opportunity;
b. A tender is a formal, competitive sealed bidding process with legal requirements
c. Purchases Subject to NWPTA will be tendered using MERX; and
d. A Public Opening of the Bids will be completed at Municipality Hall on the advertised
date. An equivalent process will be followed for Bids processed through MERX.
5. Price Request
The CAO or designate may issue a solicitation to obtain pricing for low dollar value acquisitions
with a budget between $5,000 and $65,000.
a. The Price Request is not publicly advertised;
b. An invitational bid is sent to a minimum of three (3) bidders; and
c. The basis for award is the lowest evaluated bid.
6. Firm Price List
The purchasing department may issue a request to obtain rates for Goods, Services, or
Construction to be used on a short term basis only.
a. Pricing may be submitted for hourly, weekly or monthly rates;
b. No Award is made. A list of Bidders' pricing is provided internally for a use on an 'as
required' basis; and
c. Firm price list may be made available for viewing by a Bidder for a specified project
upon written request to Procurement services.
Miscellaneous Materials, Works, and Fuel Purchases:
14 DENNIS STREET E. GLADSTONE, MB R0J 0T0 PH.204.385.2332 [email protected]
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Receipts for all purchases; including fuel, shop supplies, office supplies, etc. must be signed or
initialed by the employee indicating the vehicle, equipment, project, or general use of the purchase in
which it should be charged to.
The Finance Clerk shall compare purchases to monthly invoices, and/or statements before payment is
issued.
Exceptions to Tendering Requirement:
a. Procurement made through the AMM Municipal Trading Company;
b. Procurement made for Water and Sewer Service Connections and Incidental
Mainline Extensions;
c. Procurement conducted through the Manitoba Water Services Board;
d. Procurement made during a time of emergency; and
e. Professional services, including but not limited to engineering, auditing, or banking.
Litigation Exclusion:
The Municipality exercises its right to refuse to deal with a contractor who has commenced legal
proceedings against the Municipality or is otherwise engaged in a dispute with the Municipality.
Tenders may not be accepted by the Municipality for any person, corporation or other legal entity (the
"Party") if the Party, or any officer or director of the corporate Party is, or has been within a period of
two years prior to the tender closing date, engaged whether directly or indirectly through another
corporation or legal entity in a legal proceeding initiated in any court against the Municipality, or is
otherwise engaged in a dispute with the Municipality in relation to any contract with, or works or
services provided to the Municipality, and any such Party may not eligible to submit a tender.
Community Advantage Allowance:
Purchasing under the lowest thresholds stated by trade treaties, (CFTA, NWPTA) may be entitled to a
community advantage allowance of 15% of the lowest bid for award consideration. Such allowance shall
be applied at the discretion of the Committee of the Whole or individual to bidders that bring value to
the community if their bid was awarded. Entitlement for the discretion must be stated in the bid
solicitation.
Lowest applicable procurement threshold is set by MASH Sector NWPTA.