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Policy No. 36 "Procurement Policy "
POLICY NO. 36
PROCUREMENT POLICY
___________________________________________________________________________
Purpose
1. To provide guidelines for the procurement of all goods and services for the District of
Barrington based on sound management and public procurement practices. Procurement
methods shall be open, fair, transparent and consistent, while being both efficient and
effective; procurement methods should reflect the need to make timely decisions and
make best use of staff time to reach defendable procurement decisions.
2. To establish a more efficient and cost effective method of procuring and paying for low
dollar value, high volume goods and services, as well as, travel expenses, registrations
and other corporate affiliated expenses, while maintaining acceptable levels of control
and accountability.
Application
3. This policy applies to all procurement activity of the District of Barrington.
4. The Chief Administrative Officer (CAO) of the District of Barrington is responsible for
ensuring compliance with this policy.
5. All District of Barrington personnel who have responsibility for the procurement of
goods, services, construction, or facilities must adhere to this policy. Failure to adhere
may result in a temporary or permanent loss of procurement privileges or in more
extreme cases result in disciplinary action and/or dismissal.
Spending Authority
Roles and Responsibilities
6. Chief Purchasing Officer Responsibilities
a) The CAO shall be the Chief Purchasing Officer for the District and shall oversee the
purchasing practices of all departments to ensure compliance with the District's
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Policy No. 36 "Procurement Policy "
purchasing policy.
b) The CAO or designate shall issue purchase orders for operational supplies for the
general government services department, Emergency Management Office (EMO)
and other protective services, public health and welfare services for all departments
in accordance with purchasing policy procedures. The CAO shall issue operational
purchase orders for the other departments in the absence of the respective director.
c) Low value thresholds - The CAO shall be responsible for approving low value
operational purchases of $10,001 or more for all departments in accordance with
Procurement Policy procedures.
d) High value thresholds - The CAO shall prepare and call tenders for all high value
purchases of the District and shall guide the tender opening process through the
appropriate procedure, as detailed in this policy.
7. Director Responsibilities
a) Directors shall issue all purchase orders for their departments only. All purchase of
goods and services shall require a purchase order to be issued.
b) No director shall charge a purchase to another department without the prior
knowledge and approval of the director affected.
c) Low Value Thresholds Directors of departments shall be responsible for approving
low value operational purchases up to and including $10,000 for their own
department in accordance with Procurement Policy procedures.
d) High Value Thresholds - For purchase requirements above high value thresholds set
in the Procurement Policy, the director shall submit a set of specifications for
inclusion in the public tender call process to the CAO.
Operational Purchasing
8. Purchase Order Procedures
a) The District uses a purchase order (PO) system for each purchase. The CAO and
directors are the only individuals with the authority to use POs.
b) POs must be signed and dated. One copy is given to the accounts payable (A/P)
clerk while the director maintains one copy until the goods/service has been received.
Once received, the director's copy is sent to the A/P clerk and matched with the first
copy.
c) Once received, the invoice is matched with the PO to ensure a valid purchase.
d) The A/P clerk enters all invoices for payment and initials the invoice once posted. A
report is prepared for the Director of Finance to compare to posted invoices.
e) The A/P clerk runs cheques for invoices posted. The A/P clerk matches invoices to
cheques and puts the cheque number and date on the invoice and PO.
f) The cheques and invoices are given to individuals with signing authority. They
compare the invoices to the cheque and sign when satisfied. They also initial the
invoice to indicate they have reviewed and signed the cheque.
g) Bank reconciliations are performed each month by the Director of Finance.
Reconciliations are initialed and dated by the Director of Finance once completed.
Reconciliations are reviewed and approved by the CAO.
h) All purchases must be covered with a purchase order.
i) Prior to budget approval, directors shall not purchase items considered unnecessary
to the continuance of the existing operation.
j) It is not permissible to issue a PO that will put the account over budget without first
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Policy No. 36 "Procurement Policy "
having approval from the CAO for the over-budget amount. Reallocation between
expenditure accounts and equipment priority changes in the same expenditure must
also have prior approval.
Procurement Process
Objectives
9. The District of Barrington is committed to:
a) Providing for the procurement of goods, services, construction and facilities in a
fair, open, consistent, and transparent manner resulting in best value.
b) Encouraging competition, innovative ideas and solutions, while respecting all
Legislative and Trade Agreement obligations.
c) Promoting sustainable procurement in procurement decisions, including
identifying and exploring opportunities to work with and support social
enterprises and businesses that are owned by and who employ under-represented
populations.
d) Ensuring that qualified suppliers have equal opportunity to bid on the District of
Barrington's procurement activity.
e) Being accountable for procurement decisions.
Thresholds
10. Low Value Procurement1
a) Goods up to and including $25,000
b) Services up to and including $50,000
c) Facilities up to and including $50,000
d) Construction up to and including $50,000
11. For all low value procurement activity with a procurement value as outlined above
(excluding taxes), District of Barrington personnel are expected to, as far as practicable,
attempt to obtain at least three quotes and award to the supplier offering best value. The
only exception to this would be when the District of Barrington personnel are using
Alternative Procurement Practices as outlined in this Policy, or are accessing a publicly
tendered standing offer.
12. When selecting the list of suppliers to be provided the opportunity to quote, District of
Barrington personnel will make every effort to ensure a fair and open process is followed.
While District of Barrington personnel are expected to invite only qualified suppliers,
they are not to consistently invite bids from only one or a select group of suppliers.
Invitations and bidding opportunities are to be equitably distributed among all potential
bidders in an area, and all interested and qualified suppliers are to be evaluated on a
consistent and equitable basis. Where increased competition is appropriate, District of
1 Purchases under $1,000 do not require a quote. If one exists, they must be purchased under a standing offer
provided it would provide best value. Director's must approve such purchases and appropriate documentation (e.g.
receipts, invoices) must be kept.
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Policy No. 36 "Procurement Policy "
Barrington personnel may choose to publicly tender for goods, services, construction or
facilities that fall within the above thresholds.
13. High Value Procurement
a) Goods over $ 25,000
b) Services over $ 50,000
c) Facilities over $ 50,000
d) Construction over $50,000
14. All procurement activity with a procurement value over the thresholds (excluding taxes)
outlined above must be obtained through a public tender. See Appendix 3 of this Policy
for an outline of tools available for public tender. The only exception to this would be
when District of Barrington personnel are using an Alternative Procurement Practice, or
are accessing a publicly tendered standing offer. All public tender opportunities must be
posted on the Province of Nova Scotia Procurement Web Portal. District of Barrington
personnel may wish where appropriate to also advertise in local, provincial, or national
media; however, there is no obligation to do so. In addition, a notice of tender
opportunity may be sent to selected suppliers where required to ensure an adequate
degree of competition.
15. Alternative Procurement Practices
In order to balance the need for open, competitive process with the demands of urgent or
specialized circumstances, Alternative Procurement Circumstances have been developed.
These circumstances must be used only for the purposes intended and not to avoid
competition or used to discriminate against specific suppliers. To ensure appropriate use,
each circumstance must be documented by District of Barrington personnel stating the
rationale permitting the Alternative Procurement Circumstance, and signed by the CAO.
All documents must be filed and maintained for audit purposes. See Appendix 2 for a list
of the Alternative Procurement circumstances, as well as further requirements on
documentation.
16. Bid Opening, Evaluation, and Award
a) Bid Opening
Bids are accepted in accordance with the closing time, date, and place stipulated
in the bid request documents. Members of the public may receive the list of
bidders electronically after bid opening.
b) Bid Evaluation
All bids are subject to evaluation after opening and before award of contract. The
bid request documents must clearly identify the requirements of the procurement,
the evaluation method, evaluation criteria based on the purpose and objectives of
this policy, and the weights assigned to each criterion. Evaluation criteria is
specific to the bid, but could include environmental, social and economic
considerations, purchase price, delivery, servicing, experience, etc.
c) Award
The winning bidder and contract award amount for all high value procurement
activity must be posted on the Province of Nova Scotia's Procurement Web
Portal. After contracts have been awarded, routine access to information at the
vendors' request shall be provided in the following areas:
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Policy No. 36 "Procurement Policy "
d) Bidders list
i. Name of winning bidder
ii. Award price excluding taxes of the winning bidder
iii. Access to tender documents or other proprietary information is subject to
the provisions of the Freedom of Information and Protection of Privacy
Act.
e) Supplier Debriefing
At the request of a supplier who submitted a bid, District of Barrington personnel
will conduct a supplier debriefing session to provide feedback on the evaluation
of the public tender. Suppliers can find out how their proposal scored against
published criteria, obtain comments on their bid, and gather information on how
future bids may be improved. Bids are not compared to others, nor will
information on other bids be provided.
f) Supplier Complaint Process (SCP)
When a supplier is not satisfied with the information provided in a supplier
debriefing, the supplier may file a complaint in accordance with the Supplier
Complaint Process as defined in the Public Procurement Act. The SCP is not a
dispute resolution process, but rather is intended to handle supplier complaints
and to improve faulty or misleading procurement processes. The SCP is an
integral part of a fair and open procurement policy.
Other Considerations
17. Cooperative Procurement
District of Barrington personnel are encouraged to look for opportunities to collaborate
with government agencies when the arrangement may result in overall cost savings or
other substantial advantages. For example, joint procurement may be appropriate to
procure commonly used goods, services, fuel oil, natural gas, telecommunications, etc.
18. Standing Offers
District of Barrington personnel may access all Province of Nova Scotia standing offers,
as well as any standing offer established through the Procurement Advisory Group for the
Province should District of Barrington personnel wish to make use of the savings
opportunities.
Obligations under the Public Procurement Act
19. In addition to the areas already covered by this Policy, the following are additional
obligations of the Public Procurement Act that the District of Barrington personnel are
required to adhere to with their procurement practices.
a) Terms and Conditions
Every public tender notice must include or have attached the terms and conditions
that govern the purchase of goods, services, construction, or facilities. The terms
and conditions of every public tender notice must be consistent with the Atlantic
Standard Terms and Conditions for the procurement of goods, services, or
facilities and the Construction Contract Guidelines developed in collaboration
with the Construction Association of Nova Scotia for the procurement of
construction.
b) Posting Tender Notices and Awards
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Policy No. 36 "Procurement Policy "
All opportunities subject to a public tender must be advertised on the Province of
Nova Scotia Procurement Web Portal. District of Barrington personnel must also
post on the Procurement Web Portal the name of the successful bidder for the
public tender and the contract amount awarded.
c) Code of Ethics
District of Barrington personnel and council must ensure their conduct in relation
to procurement activity is consistent with the "Duties of public sector entity
employees" in the Public Procurement Act. This includes a request for removal
from a procurement activity when a personal conflict of interest is perceived.
d) Other
i. Policy Posting
District of Barrington personnel will ensure this policy is posted on the
Barrington's web site.
ii. Supplier Development Activities
District of Barrington personnel will make every attempt where
appropriate to participate in vendor outreach activities as requested by the
Procurement Governance Secretariat.
iii. Regulations
District of Barrington personnel will make sure that procurement practices
remain consistent with any regulations that are adopted under the Public
Procurement Act.
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Policy No. 36 "Procurement Policy "
Appendix 1 - Definitions
1. Atlantic Standard Terms & Conditions
Standard instructions that support public tenders issued by the four Atlantic provinces for
goods and services. Supplements may be added if and when required.
2. Best Value
Evaluating bids 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 supplier to meet other criteria as stated in the tender
documents.
3. Bid
A supplier response to a public tender notice to provides goods, services, construction or
facilities.
4. Construction
The construction, reconstruction, demolition, repair, or renovation of a building,
structure, road or other engineering or architectural work, excluding the professional
consulting services related to the construction contract unless they are included in the
procurement.
5. Construction Contract Guidelines
Standard instructions developed in consultation with the Construction Association of
Nova Scotia that support construction tenders.
6. Facilities (also referred to as Building Leases)
All building lease requirements covering the conveyance of the right to use tangible
building property for a specified period of time in return for rent.
7. Goods
Materials, furniture, merchandise, equipment, stationery, and other supplies required by
the District of Barrington for the transaction of its business and affairs and includes
services that are incidental to the provision of such supplies.
8. Procurement Activity
The acquisition of all goods, services, construction, or facilities procured by purchase,
contract, lease, or long-term rental
9. 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/rent times
the term of the contract.
10. Procurement Web Portal
The public website maintained by the Province of Nova Scotia where all public tender
notices are posted.
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11. Public Advertisement
Advertising a public tender notice on the procurement web portal.
12. Public Procurement Act (PPA)
An Act outlining the rules related to the procurement activity of all public sector entities
(including municipalities) in the Province of Nova Scotia.
13. Public Tender
Procurement for goods, services, construction, or facilities obtained through public
advertisement. (See Appendix 3 for an outline of the various tools that can be used for
public tender.)
14. Public Tender Notice
Notice of intended procurement for goods, services, construction, or facilities obtained
through public advertisement.
15. Services
Services required by the District of Barrington for the transaction of its business and
affairs, excluding services provided by an employee through a personal services contract.
16. Standing Offer
A standing offer is a contractual arrangement with a supplier to provide certain goods or
services on an 'as required' basis, during a particular period of time, at a predetermined
price or discount, generally within a predefined dollar limit.
17. Sustainable Procurement
Sustainable Procurement involves taking a holistic approach to obtain best value. This
will be done by integrating the following considerations in the procurement process:
a) Environmental considerations: e.g. Green House Gas Reduction, Waste
Reduction, Toxic Use Reduction
b) Economic considerations: e.g. Life Cycle Cost, Fiscal Responsibility, Support for
the Local Economy
c) Social considerations: e.g. Employee Health and Safety, Inclusiveness and Fair
Wage, Health Promotion.
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Policy No. 36 "Procurement Policy "
Appendix 2 - Alternative Procurement
1. Low Value Purchase
The CAO may delegate signing authority for low value Alternative Procurement transactions
to the director of a given department. No further approvals will be necessary. The CAO will
ensure persons with delegated signing authority will be held accountable for their actions and
that all procurement activities by District of Barrington personnel are properly documented
and filed for follow up and audit. The CAO shall remain accountable for the proper use of
alternative procurement transactions.
2. High Value Purchase
District of Barrington personnel wishing to make use of a high value Alternative
Procurement practice (with the exception of an emergency) must consult with the CAO to
obtain his or her approval and identify the most appropriate means by which to proceed with
the satisfaction of the requirement. If in agreement, CAO may direct District of Barrington
personnel to proceed with the procurement. The CAO may wish to confer with provincial
government procurement officials for discussion, validation, and/or alternative options. The
CAO may delegate signing authority for high value alternative procurement transactions to
an Acting CAO in their absence. All appropriate documentation will be maintained on file
for audit purposes. The CAO will ensure persons with delegated signing authority will be
held accountable for their actions. The CAO shall remain accountable for the proper use of
alternative procurement transactions.
Alternative Procurement Circumstances
3. No Threshold Restrictions
District of Barrington personnel may use the following Alternative Procurement practices as
described below for the procurement of goods, services, construction or facilities, with no
threshold restrictions:
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.
Entities must ensure inadequate planning does not lead to inappropriate use of this
exemption.
b) Where goods or consulting services regarding matters of a 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.
c) Where compliance with the open tendering provisions set out in this Policy would
interfere with a Party's ability to maintain security or order, or 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 licenses, copyright, and patent rights, or to maintain specialized products that
must be maintained by the manufacturer or its representative.
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f) Where there is an absence of competition for technical reasons and the goods or services
can be supplied only by a particular 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 purchase of goods under exceptionally advantageous circumstances such as
bankruptcy or receivership, but not for routine 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 the procurement from philanthropic institutions, prison labour, persons with
disabilities, sheltered workshop programs, or through employment equity programs.
r) For the 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.
5. Threshold Restrictions
District of Barrington personnel may use the following Alternative Procurement practices as
described below, up to the high value thresholds of this Policy:
a) For the procurement of goods or services for the purpose of evaluating or piloting new or
innovative technology with demonstrated environmental, economic, or social benefits
when compared to conventional technology, but not for any subsequent purchases.
b) For procurement that fosters the development of minority businesses.
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Policy No. 36 "Procurement Policy "
Appendix 3 - Procurement Tools
Below is an outline of some of the various tools available for use when issuing a public tender:
All public tenders are to contain the Disclaimer contained in Appendix 4.
1. Request for Proposal (RFP)
Used when a supplier is invited to propose a solution to a problem, requirement, or objective.
Suppliers are requested to submit detailed proposals (bids) in accordance with predefined
evaluation criteria. The selection of the successful proposal is based on the effectiveness,
value, and price of the proposed solution. Negotiations with suppliers may be required to
finalize any aspect of the requirement.
2. Request for Construction (RFC)
Used to publicly tender for a construction, reconstruction, demolition, remediation, repair, or
renovation of a building, structure, road, bridge, or other engineering or architectural work.
When a supplier is invited to bid on a construction project the tender documents usually
contain a set of terms and conditions and separate bid form that apply to that specific project.
Suppliers are requested to submit a response (bid) in accordance with predefined criteria.
The selection of the successful proposal is based on a number of factors as described in the
tender documents. A request for construction usually does not include professional
consulting services related to the construction contract, unless they are included in the
specifications.
3. Request for Quotation (RFQ)
A request for quotation on goods or products with a minimum specification. Award is usually
made based on the lowest price meeting the specification. An RFQ does not normally but
may sometimes include evaluation criteria.
4. Request for Standing Offer (RSO)
A public tender to provide commonly used goods or services. The term of the standing offer
can vary in duration but will be clearly defined in the tender documents. RSO's may include
evaluation criteria depending on the requirement.
5. Request for Expression of Interest (REI)
The Request for the Expression of Interest is similar to the Request for Proposal and is
sometimes referred to as a Pre-Qualification, where suppliers are invited to propose a
solution to a problem. The REI, however, is only the first stage in the procurement process.
Bidders responding to the REI will be short listed according to their scoring in the evaluation
process. The short listed firms will then be invited to respond to a subsequent Request for
Proposal. A REI does not normally include pricing as price is a key evaluation criteria used
in the second stage RFP process.
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Policy No. 36 "Procurement Policy "
Appendix 4 - Disclaimer
The Municipality does not bind itself to accept any tender but may accept any tender,
in whole or in part, or discuss with any tenderer different or additional terms to those
described in the tender. The Municipality may:
a)
cancel the tender at any time;
b)
reject any or all tenders;
c)
accept any tender;
d)
if only tender is received, choose to accept or reject it;
e)
choose not to accept the lowest bid price;
f)
reject any tenders that, in its sole discretion, are not in its best interest to
accept; and
g)
alter the schedule, tender process or any other aspect of the tender as it may
determine in its sole and absolute discretion.
If the Municipality elects to reject all tenders it may, in its sole discretion and in
addition to any other recourse it may choose, call for additional tenders or re-tender
all or part of the work, all without incurring any liability and no proponent will have
any claim against the Municipality as a consequence.
The Municipality reserves the right to waive any formality, informality, technicality
or non-compliance in any tender.
In evaluating tenders the Municipality reserves the right to consider, among other
things, the greatest value for money based on quality, service, price, experience and
local preference. The Municipality reserves the exclusive right to determine the
qualitative aspects of all tenders relative to evaluation criteria and to rely on any
evaluation criteria which, it its sole discretion, it considers to be in its best interest.
The Municipality is not liable for any costs associated with responding to the tender.
The tenderer, in submitting a tender response, has accepted the privileges and
reservations of rights set out herein and agrees to be bound by same.
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Policy No. 36 "Procurement Policy "
Appendix 5 - Procurement Decision Tree
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Policy No. 36 "Procurement Policy "
Chief Administrative Officer's Annotation for Official Policy Book
Date of Notice to Council members of Intent to Consider
November 12, 2019
Date of Passage of current Policy
November 25, 2019
I certify that Policy No. 36 "Procurement Policy" was amended by
Council as indicated above.
____________________________________ _________________________
Chief Administrative Officer Date
VERSION LOG
Version
Number
Amendment Description
Amendment/Policy Owner
Approved By
Approval Date
1
Approved Policy of Council
CAO
Council
June 26, 2017
2
Various Sections Amended
CAO
Council
November 25, 2019