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TOPIC:
Procurement and Sustainable Purchasing Policy
POLICY NUMBER: 16
DATE APPROVED: October 21, 2014 (2014-156)
DATE REVISED:
TITLE:
This Policy may be cited as the "Procurement Policy" of the Municipality of the County
of Antigonish.
Preamble:
The Municipality of the County of Antigonish has developed this policy to ensure that
procurement of all goods and services is carried out in a manner that is fiscally responsible,
while attempting to sustain or improve the environment, economy, and quality of life in
Antigonish County. Procurement by the Municipality of the County of Antigonish will consider
recycling, reusing, and resource recovery in its purchasing practices.
Policy:
1.0
PURPOSE:
a.
The purpose of the Procurement and Sustainable Purchasing Policy is to establish
procedures for purchasing goods and services that are required for carrying out
the daily operations of the Municipality of the County of Antigonish.
b.
This Policy encourages staff and associates to purchase quality products, and
services at prices that are competitive, while considering the entire life cycle of the
product or service, effectively purchasing in a sustainable manner that is fiscally,
socially, and environmentally responsible.
2.0
ADMINISTRATION:
a.
Municipal Council is responsible for the approval of all purchasing conducted
through public tender.
b.
The Municipal Clerk Treasurer is responsible for ensuring departmental
compliance with policy; day-to-day administration is the responsibility of all
Municipal Staff tasked with purchasing.
3.0
DEFINITIONS
In this policy:
a. Alternative Procurement Practice - The purchase of goods or services without a
public tender or other competitive process
b. Atlantic Standard Terms and Conditions - Standard instructions that support public
tenders issued by the four Atlantic provinces for goods and services. Supplements
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
may
be
added
if
and
when
required.
For
terms:
http://www.gov.ns.ca/tenders/policies-processes/terms-and-conditions.aspx
c. Best Value - Bids may be evaluated not only on purchase price and life cycle cost
considerations, but also taking into account items such as environmental and social
considerations, delivery, servicing, and the capacity of the bidder to meet other
criteria as stated in the public tender documents;
d. Bid - A supplier response to a Public Tender notice to provide goods, services,
construction or facility. A Bidder means a person, firm or corporation who submits a
bid;
e. Construction - A construction, reconstruction, demolition, repair, or renovation of a
building, structure, road or other engineering or architectural work. It does not
include professional consulting services related to the construction contract, unless
they are included in the procurement;
f. Environmental Consideration - Factors associated with the purchase, manufacture,
operation or disposal of a product or asset that affects the environment;
g. Goods - Materials, furniture, merchandise, equipment, stationary, food, and other
supplies required by a department or the Municipality at large for the transaction of
its business and affairs, and includes services that are incidental to the provision of
such supplies;
h. Life Cycle Costing - An analysis that goes beyond the purchase price and also
considers the costs of items such as shipping and packaging, disposal of packaging,
energy use, maintenance, warranty, parts and repairs, consumable supplies, and
disposal;
i. Procurement Value - the value of the total contract excluding taxes but including all
options whether exercised or not. For Facilities, this value is determined by the
monthly lease or rent multiplied by the terms of the contract;
j. Public Procurement Act - An Act outlining the rules related to the Procurement
Activity of all public sector entitles in the Province of Nova Scotia:
http://nslegislature.ca/legc/bills/61st_3rd/3rd_read/b023.htm
k. Public Tender - A type of procurement where the acquisition of goods, services,
construction or facilities must be obtained through public advertisement. Public
tenders include traditional tenders, requests for proposals, and two-phase bids;
l. Requests for proposals - A formal invitation to suppliers to describe how their
services, methods, equipment or products can address and/or meet the needs of the
Municipality of the County of Antigonish;
m. Request for Quotations - Formally obtaining price quotations from a number of
different suppliers
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
n. Services - A Service required by a department, or the Municipality as a whole, for
the transaction of its business and affairs, but does not include services provided by
an employee of a department through a personal services contract;
o. Social Consideration - Factors associated with the purchase of a product or asset
that relates to the right or interests of works or community involved. Includes
working conditions, fair wages, and compliance with human rights legislation and
conventions;
p. Standing Offer - A Standing Offer is a contractual agreement between the
Municipality and a pre-approved supplier, where the supplier agrees to provide
certain goods or services on an "as required" basis, during a particular period of
time, at a pre-determined price or discount, generally within a pre-defined dollar
limit;
q. Traditional Tender - A formal invitation made publically to supplier to bid to supply
specified goods or services.
4.0
SCOPE
This Policy applies to the procurement by the Municipality of the county of Antigonish of
all goods and services, including construction and facilities, by purchase or lease, but
does not apply to procurements:
a. By the Municipality from organizations owned or controlled by the Municipality;
b. Where a construction project is managed by a third party on behalf of the
Municipality of the County of Antigonish, in which case the procurement for the
project must be in accordance with the contract between the Municipality of the
County of Antigonish and the third party, and in accordance with generally accepted
procurement practices.
5.0
PRINCIPLES
5.1 All procurement carried out by the Municipality of the County of Antigonish must be
carried out with a view to:
a.
Ensure an equitable, open and transparent process for the acquisition of
goods and services by the Municipality of the County of Antigonish;
b.
Avoiding dishonesty, corruption or favouritism in the procurement of
goods and services;
c.
Encouraging competitive bidding wherever possible and, in any event,
minimizing the Municipality of the County of Antigonish's cost of
acquiring goods and services while obtaining best value;
d.
Utilizing suppliers who can be expected to provide satisfactory
performance;
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
e.
Taking into account environmental considerations in all procurement
decisions and selecting environmentally beneficial goods and services
where practical;
f.
Complying with applicable regional, national and international trade
agreements, including the Agreement on Internal Trade and the Atlantic
Procurement Agreement;
g.
Complying with the Public Procurement Act, S.N.S 2011, c.12 and
regulations made pursuant to the Public Procurement Act.
5.2 Pursuant to s.15(1) of the Public Procurement Act, all council and employees
involved in procurement on behalf of the Municipality of the County of Antigonish
must:
a.
Ensure their procurement activities are conducted according to this
policy, provincial and federal legislation, trade agreements and ethical
business practices;
b.
Encourage and support collaborative procurement amongst other
municipalities and public sector entitles such as hospitals and school
boards;
c.
Follow leading procurement practices;
d.
In good faith, conduct business with current and prospective suppliers
and be fair in all business dealings;
e.
Strive to obtain best value for each expenditure;
f.
Require suppliers provide accurate representation of goods, services, and
construction;
g.
Encourage suppliers to consider integrating environmental, economic,
and social considerations in their product or service offerings;
h.
Encourage the negotiation of an equitable and mutually acceptable
settlement when a dispute arises;
i.
Request removal from a procurement process when a personal conflict of
interest is perceived.
6.0
NORMAL PROCUREMENT PRACTICES
6.1 For goods and services with an estimated value of less than $3,000.00:
a.
The procurement decision must be made by the applicable Director,
Department Head or by an employee designated by the Director or
Department Head.
b.
Goods and services must be procured under a standing offer if one exists
for the goods or services required, and if doing so will provide best value.
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
c.
If the goods or services cannot be procured under subsection 6.1(b), the
goods or services may be purchased based on formal or informal written
quotations from a minimum of three qualified suppliers. Where three
quotations are not available, documentation demonstrating the
invitation of adequate competition and the attempt to obtain best value
must be maintained on file for internal and external audit purposes.
6.2 For goods and services with an estimated value between $3000 and $25000:
a.
The procurement decision must be made by the applicable Department
head or by an employee designated by the department head;
b.
Goods and services must be procured under a standing offer if one exists
for the goods or services required, and if doing so will provide best value;
c.
If the goods or services cannot be procured under subsection (b), the
good or services must be procured by a request for quotation.
6.3 For goods and services with an estimated value of more than $25000:
a.
The procurement decision must be made by Municipal Council;
b.
Goods and services must be procured by the public tender.
7.0
ALTERNATIVE PROCUREMENT PRACTICES
7.1 In order to balance the need for open, competitive process with the demands of
urgent or specialized circumstances, alternative procurement circumstances may be
followed. These practises must be used only for the purposes intended and not to
avoid competition or to discriminate against specific suppliers.
7.2 When an alternative procurement purchase occurs, the reason for doing so must be
documented and include the rationale permitting the alternative procurement
circumstances. This documentation must be signed by the Municipal Clerk
Treasurer. Council shall be informed within two (2) business days following the use
of an Alternative Procurement Practice.
7.3 The Municipal Clerk Treasurer may authorize Alternative Procurement Practices in
the circumstances as described below:
a.
Where an unforeseeable situation of urgency exists and the goods,
services or construction cannot be obtained in time by means of open
procurement procedures.
b.
Where goods or consulting services regarding matters of confidential or
privileged nature are to be purchased and the disclosure of those matters
through an open tendering process could reasonably be expected to
compromise government confidentiality, cause economic disruption or
otherwise be contrary to the public interest.
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
c.
Where compliance with the open tendering provisions set out in this
policy would interfere with the municipality's ability to maintain security
or order to protect human, animal or plant life or health.
d.
In the absence of tenders in response to an open or selective tender, or
when the tenders submitted have been collusive, or not in conformity
with the essential requirements in the tender.
e.
To ensure compatibility with existing products, to recognize exclusive
rights, such as exclusive licences, copyright and patent rights, or to
maintain specialized products that must be maintained by the
manufacturer or its representative.
f.
Where there is an absence of competition for technical reasons and the
good or services can be supplied only by a particulate supplier and no
alternative or substitute exists.
g.
For the procurement of goods or services the supply of which is
controlled by a supplier that is a statutory monopoly.
h.
For the purchase of goods on a commodity market.
i.
For work to be performed on or about a leased building or portions
thereof that may be performed only by the lessor.
j.
For work to be performed on property by a contractor according to
provisions of a warranty or guarantee held in respect of the property or
the original work.
k.
For the procurement of a prototype or a first good or service to be
developed in the course of and for a particular contract for research,
experiment, study or original development, but not for any subsequent
purchases.
l.
For the procurement of a prototype or a first good service to be
developed in the course of and for a particular contract for research,
experiment, study or original development, but not for any subsequent
purchases.
m.
For the procurement of original works of art.
n.
For the procurement of subscriptions to newspapers, magazines, or other
periodicals.
o.
For the procurement of real property.
p.
For the procurement of goods intended for resale to the public.
q.
For procurement from philanthropic institutions, prison labour, persons
with disabilities, sheltered workshop programs or through employment
equity programs.
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
r.
For procurement from a public body or a non-profit organization.
s.
For the procurement of services of expert witnesses, specifically in
anticipation of litigation or for the purpose of conducting litigation.
8.0 TRADE AGREEMENT EXEMPTIONS
The Municipality of the County of Antigonish requires all procurement be conducted within the
allowances of this policy. It should be noted that there are not requirements within trade
agreements to publicly tender for:
a. Professional services such engineers, architects, accountants, lawyers and notaries;
b. Services of financial analysts or the management of investments by organizations
who have such functions as their primary purpose; and
c. Financial services respecting the management of government financial assets and
liabilities
9.0 COOPERATIVE PROCUREMENT
Municipal personnel are encouraged to look for opportunities to collaborate with other
municipalities or government agencies when the arrangement may result in overall cost savings
or other substantial advantages. Examples of cooperative procurement may be for commonly
used and standardized goods, services, fuel oil, natural gas, telecommunications etc.
10.0
METHODS OF PROCUREMENT
10.1
Standing offer includes:
a.
A standing agreement between the Municipality of the County of
Antigonish and a supplier in which the supplier commits to providing
specified goods or services at a specific price for a specific period of time.
Such standing agreements should themselves be the subject of a
competitive tender process;
b.
Equipment leasing programs through the Government of Nova Scotia;
c.
Nova Scotia Provincial "standing offers" administered by the Nova Scotia
Government;
d.
Supplies and services available from the Nova Scotia Government;
e.
A procurement program administered by the Union of Nova Scotia
Municipalities or the Association of Municipal Administrators;
f.
Any other program available to several municipal units and other public
sector entities, provided that municipal staff is satisfied that such a
program had been developed and conforms to the principles set out in
this policy.
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
10.2
Request for quotations:
a.
Quotations must normally be sought from at least three suppliers but
fewer suppliers may be used when three suppliers are not available
within a reasonable distance, having regard to the value of goods and
services, the shipping or travel cost and the amount of time available
before the goods and services are required to be available. If it is decided
to obtain fewer than three quotations, the person responsible for that
decision must document their reasons for doing so.
b.
Quotations must normally be obtained in writing, but when time does
not permit the obtaining of written quotations, the quotations may be
obtained verbally, except when this policy stipulates otherwise. If a
quotation is obtained verbally, the person obtaining it must document
the quotation, including the time, date, supplier, price and description of
the goods and services, the person from whom the quotation was
obtained and the name of the municipal staff obtaining the quotation.
10.3
Public tender:
Public tender means publically advertising the Municipality of the County of Antigonish's
intended procurement of certain goods or services and inviting responses from
interested suppliers. Public tenders are used for higher value procurements, when the
cost of the goods or services warrants the time, effort, and expense required for a public
tender process. Public tenders can be in the form of traditional tenders, requests for
proposals, or two phase bids.
a.
Traditional Tender:
I.
A Traditional Tender should be used when the procurement
requirements of the Municipality can be clearly and completely
specified.
II.
Traditional tenders do not have to be opened in public, but if they are
not, the name of each bidder and the amount of their bid must be
made available to each bidder after the tenders are opened.
III.
The Municipality must not negotiate with any bidders, but must award
the procurement contract to the bidder that meets the tender
requirements and provides best value.
b.
Request for Proposals (RFP):
Is a formal invitation to suppliers to describe how their services, methods, equipment or
products can best address and or meet the Municipality's needs.
I.
A RFP may be used when the Municipality is unable to clearly or
completely specify the goods or services required, and suppliers are
therefore asked to provide a solution to the problem, requirement or
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
objective. Requests for proposals may also be used for professional
and consulting services.
II.
To preserve confidentiality of sensitive commercial information
contained in a proposal, proposals submitted in response to a request
for a proposal need not be opened in public, but must be opened in
the presence of at least two representatives of the Municipality, and
after the proposals are opened a list of the proponents must be
available to the public and the proponents upon request. Negotiations
may be conducted with a proponent after proposals have been
opened, subject to complying with the terms of the request for
proposals which must be drafted to avoid unfair "bid-shopping" by the
Municipality.
III.
The procurement contract must be awarded to the proponent/
supplier whose proposal is determined to provide best value to the
Municipality based upon evaluation criteria set out in the RFP and
equitably applied to all proposals.
11.1
Two-phase bids, is a process that invites suppliers to submit bids as follows:
Phase One: One or more steps in which bidders submit proposals for evaluation
either with or without prices in separate submission;
Phase Two: Only the bidders whose bids were determined to be acceptable will be
entitled to submit priced bids for consideration or, where prices are submitted
separately in Phase One, the prices are opened.
I.
This process may be used when detailed specifications are not available
or it is impractical to prepare specification based on price. This type of
procurement has the advantages of a RFP for Phase One and a traditional
tender in Phase Two.
II.
Phase One submissions need not to be opened in public, but must be
opened in the presence of at least two representatives of the
municipality, and a list of the proponents will be available to the public
and the proponents upon request. Phase two bids must be opened in
public.
III.
The Municipality must not negotiate with any bidders, and must award
the procurement contract to the supplier whose proposal is determined
to provide best value to the Municipality based upon the evaluation
criteria set out in the Phase One request for submissions equitably
applied to all proposals, and the prices in Phase Two.
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
11.0
REQUIREMENTS FOR ALL PUBLIC TENDERS
The Following requirements apply to all public tenders, whether traditional tenders, or requests
for proposals:
11.1
The Municipality must provide reasonable notice and opportunity to respond to
public tenders, and must post or place notices of public tenders as follows:
a. On the public website maintained and operated by the government of Nova Scotia.
b. On the Municipality of the County of Antigonish`s website.
c. In other media, as directed by the Municipal Clerk/ Treasurer, when it is determined
that the cost and nature of the procurement warrants the expense of doing so.
11.2
Every public tender must include or have attached the terms and conditions that
govern the tender. The terms and conditions of every notice of public tender must
be consistent with:
a.
The standard instructions that support public tenders issued by the four
Atlantic provinces for goods and services, known as the Atlantic Standard
Terms and Conditions, for the procurement of goods and services;
b.
The standard instructions that support construction tenders issued by the
government of Nova Scotia, known as the Construction Contract
Guidelines, for the procurement of construction.
11.3
Public tenders should normally include specifications or terms as follows:
a.
Expressly or by implication outlining the issues or criteria that will be
used for selection of a successful bidder or proponent;
b.
A privilege clause stating that the lowest or any bid or proposal will not
necessarily be accepted;
c.
The location for the delivery of bids or proposals;
d.
The means of delivery of bids or proposals, e.g., whether faxes or emails
are acceptable in addition to "hard copy" submissions;
e.
The time and date of closing;
f.
A warning that tender documents and bids will be open to the public,
except to the extent otherwise stated in a call for tenders or a request for
proposals, in which event there must be included a warning that
proposals or bids are subject to the Freedom of information and
Protection of Privacy provisions of the Nova Scotia Municipal
Government Act;
g.
For design or architectural services, a statement that the Municipality will
own the copyright in the design, plans and other intellectual property
produced for the Municipality.
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
11.4
Public tenders should also include a form of contract that the successful bidder
will be required to enter into with the Municipality, or should direct the bidders or
proponents must provide the form of contract with their bid or proposal.
11.5
For each public tender that is awarded the Municipality must post the name of
the successful supplier and the contract amount on the public website maintained
and operated by the government of Nova Scotia and on the Municipality's website.
11.6
The Terms and Conditions of every public tender must state the criteria that the
Municipality will use in evaluating responses. Those criteria are not limited to
purchase price and life cycle cost considerations, delivery servicing and the capacity
of the supplier.
12.0
SUPPLIER DEBRIEFING
Pursuant to s.17 of the Public Procurement Act, upon the request of a supplier who is the
unsuccessful bidder in a public tender, the Municipality must conduct a debriefing with that
supplier to provide feedback on the evaluation of the public tender. The debriefing must be
conducted as follows:
a.
The Municipal Clerk/ Treasurer or designated Senior Staff involved in the
Tender process must conduct the debriefing;
b.
The debriefing must provide reasons for the disqualification of the
supplier, or in the case where evaluation scoring was used, provide an
overview of the supplier's score in each category and reasons for that
score;
c.
The debriefing must also provide information to the supplier on how to
improve future submissions;
d.
The debriefing must not disclose any information regarding other bidders
or their submissions.
13.0
SUSTAINABILITY CONSIDERATIONS
Pursuant to the Public Procurement Act, in evaluating which goods or services offer best value
to the Municipality, sustainability criteria may be considered; meaning environmental, social
and or economic considerations. All requests for quotations and notices of public tender must
list the sustainability criteria that apply to that procurement. The Integrated Community
Sustainability Plan (ICSP) of the Municipality supports approaching procurement with a "green
lens".
Considerations include:
a.
Green House Gas Reduction
b.
Reduce use of energy and water; purchase Energy Star and Water Sense
Products
c.
Support of the Local Economy by supporting locally owned and operated
small/ medium business for purchasing and sourcing.
d.
Occupational Health & Safety and Active Living
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
e.
Purchasing products only when existing materials cannot be reused;
when purchasing choose those made from renewable resources.
f.
Avoid toxic materials where choices are available.
g.
Fiscal responsibility & return on investment
h.
Life Cycle Cost, including durability; biodegradability or compost-ability;
packaging; recyclability
i.
Inclusiveness / Accessibility / being supportive of social enterprise
j.
Diversity
k.
Fair Wage / supportive of labour standards both locally and
internationally
l.
Waste Reduction
14.0
CONTRACT AND RISK MANAGEMENT
Section 12(g) of the Public Procurement Act requires municipalities to adopt contract and risk
management guidelines. These guidelines shall be established by the Municipal Clerk/
Treasurer.
15.0
DISPOSAL OF SURPLUS EQUIPMENT
Goods, Supplies and assets which are declared surplus by the Municipality, shall be sold in the
most efficient manner to obtain the highest return by trade-in (vehicles and equipment),
request for quotation, public tender or public auction in accordance with this policy. Elected
officials and employees of the Municipality or their agents shall not be permitted to bid on the
purchase of surplus material.
16.0
CONFLICTS OF INTEREST
If a staff member otherwise authorized to award a contract has a conflict of interest, the award
must be made by the person to whom the conflicted staff member normally reports and the
conflicted staff member must not participate in the procurement process related to the
contract in any manner.
17.0
DURATION OF CONTRACTS
Contracts for goods and services that are required to be procured by public tender under this
policy, including price agreements, must be re-tendered at least once every 5 years but may be
re-tendered more frequently at the direction of Council.
18.0
LEASE ARRANGEMENTS
Lease Arrangements are subject to the provisions of this policy, save and except that Council's
authority must be obtained for any leases required by the NS Municipal Government Act to be
authorized by Council.
19.0
APPROVAL OF FORM OF TENDER
Public tendering documents are to be reviewed by the Municipal Clerk Treasurer or his/her
designate prior to issuance to ensure consistency of tendering documents and practices.
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PROCUREMENT AND SUSTAINABLE PURCHASING POLICY
20.0
FEES
The Municipality may charge a fee or deposit to interested parties prior to being given tender
documents.
21.0
POSTING ON THE MUNICIPALITY OF THE COUNTY OF ANTIGONISH WEBSITE
A copy of this policy must be posted on the Municipality of the County of Antigonish website.
22.0
COMPLIANCE WITH POLICY
All staff and councillors must act in good faith to comply with this Policy, but failure to comply
with this policy does not invalidate any procurement decision or act of the Municipality, nor is
the Municipality liable to any supplier or prospective supplier for failing to comply with this
policy.
23.0
REPORTING
The Municipality shall submit all legislated reports to the Provincial government with respect to
procurement policies and activity, as required by section 12(k) of the Public Procurement Act.
24.0
PREVIOUS POLICIES
Any previous purchasing and tendering policies of the Municipality of the County of Antigonish
are hereby repealed.