Administrative Order 2022-012-ADM — Procurement Administrative Order
Halifax, Nova Scotia
· adopted 2022-11-22
This is the exact embedded text of the captured official document.
Snapshot f66a1f546a6b · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
ADMINISTRATIVE ORDER 2022-012-ADM
PROCUREMENT ADMINISTRATIVE ORDER
Page 2
TABLE OF CONTENTS
(The Table of Contents is not part of the Administrative Order)
SUBJECT
SECTION NUMBER
Short Title .................................................................................................................... 1
Purposes ..................................................................................................................... 2
Interpretation ............................................................................................................... 3
GENERAL
Application ................................................................................................................... 4
Exemptions ................................................................................................................. 5
Purchases by Agents .................................................................................................. 6
Calculation of Contract Amounts ................................................................................. 7
Conflict ........................................................................................................................ 8
RESPONSIBILITIES
Chief Administrative Officer ......................................................................................... 9
Departments .............................................................................................................. 10
Procurement Section ................................................................................................. 11
INITIATING PROCUREMENT
Requisitions ............................................................................................................... 12
Authority to Make a Requisition ................................................................................. 13
Notice of Intended Procurement ................................................................................ 14
PROCUREMENT METHODS
Competitive Procurement .......................................................................................... 15
Alternative Procurement ............................................................................................ 16
Supplier Prequalification & Rosters ........................................................................... 17
Buying Groups .......................................................................................................... 18
Standing Offers ......................................................................................................... 19
Low Value Purchases ................................................................................................ 20
SOCIAL PROCUREMENT
Social Procurement ................................................................................................... 21
EVALUATING BIDS AND AWARDING CONTRACTS
Openings ................................................................................................................... 22
Bids to be in Writing .................................................................................................. 23
Evaluation Criteria .................................................................................................... 24
Fairness Monitors ...................................................................................................... 25
Pre-requisites to Awarding of Contracts .................................................................... 26
Determination of Best Value ...................................................................................... 27
Award Authority ......................................................................................................... 28
Signing Authority ....................................................................................................... 29
Page 3
Publishing of Bid Results ........................................................................................... 30
Reporting of Awards .................................................................................................. 31
CONTRACT MANAGEMENT
Contract Amendments ............................................................................................... 32
Contract Options ....................................................................................................... 33
Contract Assignments ............................................................................................... 34
Contract Terminations ............................................................................................... 35
SUPPLIER PERFORMANCE
Performance Files ..................................................................................................... 36
Disqualification & Suspension (Bid-Barring) .............................................................. 37
Debriefings ................................................................................................................ 38
Bid Challenges & Dispute Resolution ........................................................................ 39
COST SHARING AGREEMENTS
Approval of Cost Sharing .......................................................................................... 40
TRANSITION AND REPEAL
Transition .................................................................................................................. 41
Repeal ....................................................................................................................... 42
Appendices
Exemptions ................................................................................................. Appendix A
Social Value Framework..................................................................Appendix B
Supplier Code of Conduct.................................................................Appendix C
Page 4
ADMINISTRATIVE ORDER NUMBER 2022-012-ADM
PROCUREMENT ADMINISTRATIVE ORDER
BE IT RESOLVED, as an Administrative Order of the Council of the Halifax
Regional Municipality, as follows:
Short Title
1.
This Administrative Order may be cited as Administrative Order Number 2022-012-
ADM, the Procurement Policy.
Purposes
2.
The purposes of this Administrative Order are to:
(a)
provide for the procurement of Goods, Services and Construction by the
Municipality in a fair, open, consistent and transparent manner resulting in Best Value;
(b)
promote procurement processes and decisions that are consistent with the
strategic goals and objectives of the Municipality;
(c)
provide for sustainable procurement by integrating environmental,
economic and social considerations in the procurement process;
(d)
maintain ethical business practices;
(e)
respect regional, national and international trade agreement obligations and
other applicable legislation; and
(f)
encourage competitive bidding for the supply of Goods, Services and
Construction.
Interpretation
3.
In this Administrative Order,
(a)
"Agent" means a person or entity expressly appointed through a written
contract with the Municipality to purchase Goods, Services or Construction on behalf of
the Municipality;
(b)
"Alternative Procurement" means a procurement method whereby the
Municipality contacts a supplier or suppliers of its choice;
(c)
"Award" means the decision of the Municipality to enter into a contract for
Goods, Services or Construction with a particular supplier;
(d)
"Best Value" means the bid that is determined by the Municipality to be in
the Municipality's best interests, taking into account not only purchase price and life cycle
cost considerations, but also taking into account items such as environmental and social
Page 5
considerations, delivery, servicing, past experience, past performance, and any other
criteria or factors stated in the call for bids;
(e)
"Buying Group" means a group of two or more members that combines the
purchasing requirements and activities of the members of the group into one joint
procurement process. Buying groups include cooperative arrangements in which
individual members administer the procurement function for specific contracts for the
group, and more formal corporate arrangements in which the Buying Group administers
procurement for group members. Buying Groups may consist of a variety of entities,
including any combination of procuring entities, private sector entities, or not-for-profit
organizations;
(f)
"CAO" means the Chief Administrative Officer of the Municipality;
(g)
"Competitive Procurement" means a procurement method whereby all
interested suppliers may submit a bid;
(h)
"Construction" means the construction, reconstruction, demolition, repair or
renovation of a building, structure, road or other engineering or architectural work,
excluding professional consulting services related to the construction contract unless they
are included in the procurement;
(i)
"Council" means the Council of the Municipality;
(j)
"DCAO" means a Deputy Chief Administrative Officer;
(k)
"Department" means a department of the Municipality's administration
designated as such by the CAO, and for greater certainty includes Halifax Regional Police
and Halifax Regional Fire & Emergency;
(l)
"Director" means a person other than an Executive Director who has a
managerial role within a Department (e.g. Director, Managing Director, Deputy Chief,
Team Lead, etc.) and a direct reporting relationship to the Executive Director of that
Department or to the CAO;
(m)
"Executive Director" means the Executive Director of a Department, and for
the purposes of this Administrative Order, the Chief of Police, and the Chief of Fire and
Emergency Services;
(n)
"Goods" means materials, furniture, merchandise, equipment, stationery
and other supplies required by the Municipality for the transaction of its business and
affairs, including services that are incidental to the provision of such supplies;
(o)
"Low Value Purchase" means the procurement of Goods, Services or
Construction valued at less than $10,000;
Page 6
(p)
"Municipality" means the Halifax Regional Municipality;
(q)
"Notice of Intended Procurement" means a notice published by the
Municipality inviting interested suppliers to submit a bid, a response to a request for
supplier prequalification, or both;
(r)
"Personal Services Contract" means an agreement, whether or not in
writing, establishing an employment relationship between an individual and the
Municipality and includes an amendment or extension of such agreement;
(s)
"Procurement Manual" means the processes, protocols, and best practices
document maintained by the Procurement Section;
(t)
"Procurement Section" means the organizational unit within the Municipality
responsible for managing the procurement of Goods, Services and Construction for the
Municipality;
(u)
"Procurement Web Portal" means the public procurement website
maintained and operated by the Government of the Province of Nova Scotia;
(v)
"Requisition" means a request made to the Procurement Section:
(i)
to purchase Goods, Services or Construction;
(ii)
to create a Standing Offer for future purchases;
(iii)
to make a draw from a Standing Offer; or
(iv)
to obtain Goods from inventory that have already been purchased by
the Municipality.
(w)
"Roster" means a list of suppliers that the Municipality has determined
satisfy the conditions for participation in that list, and that the Municipality intends to use
more than once;
(x)
"Services" means services required by the Municipality for the transaction
of its business and affairs, excluding services provided by an employee of the Municipality
through a Personal Services Contract;
(y)
"Standing Offer" means a continuous offer from a pre-approved supplier to
supply Goods, Services or Construction to the Municipality at specific prices for a specific
period of time, when and if required by the Municipality;
Page 7
GENERAL
Application
4.
(1)
Subject to section 5, this Administrative Order shall apply to the
procurement of Goods, Services and Construction by the Municipality.
(2)
An individual Member of Council has no authority under this
Administrative Order, including no authority to award a contract, or to settle a supplier
performance dispute such as whether the Municipality disqualifies or suspends a supplier
from bidding on a Municipal procurement.
(3)
For the purposes of this Administrative Order, the Office of the Auditor
General is deemed a Department, and the Auditor General is deemed to have the same
authority as the CAO with respect to purchases for the Office of the Auditor General.
Exemptions
5.
The expenditures listed in Appendix A are exempt from sections 12 through 39 of
this Administrative Order.
Purchases by Agents
6.
(1)
Agents are exempt from the application of this Administrative Order but are
required to comply with the Public Procurement Act and the terms and conditions of the
Agent's written contract with the Municipality when making purchases on behalf of the
Municipality.
(2)
No person or entity shall purchase Goods, Services or Construction on
behalf of the Municipality unless expressly appointed as Agent in a written contract with
the Municipality.
Calculation of Contract Amounts
7.
Contract amounts referenced in this Administrative Order shall be construed to be
the sum of all costs for the duration of the contract plus all applicable net taxes, less all
rebates.
Conflict
8.
Where there is a conflict with the application of this Administrative Order and the
Public Procurement Act and the regulations thereunder, the Act and its regulations shall
prevail.
RESPONSIBILITIES
Chief Administrative Officer
9.
The CAO may authorize additional procedures and protocols not inconsistent with
this Administrative Order and may delegate their authority under this Administrative Order
to employees.
Page 8
Departments
10.
Each Department shall be responsible for:
(a)
identifying and initiating procurement activities within their Department;
(b)
complying with this Administrative Order, the Procurement Manual and
other procurement procedures established by the Procurement Section;
(c)
facilitating, where applicable, cost sharing commitments from third parties;
(d)
procurement of Low Value Purchases;
(e)
monitoring, managing and enforcing contracts requisitioned by their
Department; and
(f)
ensuring the specific objectives of contracts requisitioned by their
Department are achieved.
Procurement Section
11.
The Procurement Section shall be responsible for:
(a)
facilitating the procurement of Goods, Services and Construction according
to this Administrative Order;
(b)
establishing, maintaining and publishing the Procurement Manual and other
appropriate procurement procedures consistent with this Administrative Order, the Public
Procurement Act, applicable trade agreements, and the Province of Nova Scotia's
Construction Contract Guidelines;
(c)
providing advice to the Municipality regarding appropriate procurement
strategies;
(d)
approving and maintaining the Municipality's standard terms for contracts
for Goods, Services and Construction, in consultation with Legal Services;
(e)
collaborating with Departments to consider contract and risk management
practices in the procurement cycle, and to combine requirements where possible to
achieve efficiencies and reduce costs to the Municipality;
(f)
administering each call for bids and ensuring the fair evaluation of bids;
(g)
facilitating the negotiation, if required, of terms and conditions of contracts
for Goods, Services and Construction;
(h)
administering contracts for Goods, Services and Construction; and
Page 9
(i)
monitoring compliance with this Administrative Order and notifying
Executive Directors of non-compliance with it.
INITIATING PROCUREMENT
Requisitions
12.
(1)
Subject to subsections (2) and (3), when a Department requires Goods,
Service or Construction it shall submit a Requisition to the Procurement Section.
(2)
A Requisition is not required for Low Value Purchases.
(3)
A Department shall not submit a Requisition unless:
(a)
it relates to a proposed capital or operating expenditure within the
current fiscal year and the funds are clearly identified in a Council approved budget;
(b)
it relates to a proposed multi-year capital expenditure and the
projected funding is clearly identified in the Council approved multi-year capital plan;
(c)
it relates to a proposed multi-year operating expenditure consistent
with approved program deliverables; or
(d)
Council has otherwise authorized the Requisition.
Authority to Make a Requisition
13.
(1)
The authority to make a Requisition is as follows:
CAO
DCAO
Executive
Director
Director
Employee
Any
amount
Any amount
within the
DCAO's
approved
Departmental
budgets
Any amount
within the
Executive
Director's
approved
budget
Per delegation of
authority from
Executive Director
Per sub-
delegation of
authority from
Director
(2)
The Procurement Section shall maintain a list of all delegations and sub-
delegations of Requisition authority submitted by an Executive Director or Director
pursuant to subsection (1).
Notice of Intended Procurement
14.
(1)
Subject to subsection (2), the Procurement Section shall publish a Notice
of Intended Procurement for each procurement opportunity, including requests for
supplier prequalification, on the Procurement Web Portal.
Page 10
(2)
The Procurement Section is not required to publish a Notice of Intended
Procurement for:
(a)
Procurement opportunities valued at less than the thresholds set out
in applicable trade agreements (unless the Procurement Manual includes any
more stringent thresholds or requirements);
(b)
Procurement opportunities offered to prequalified suppliers on a
Roster; and
(c)
Procurement opportunities where the procurement will be conducted
using Alternative Procurement.
PROCUREMENT METHODS
Competitive Procurement
15.
Subject to sections 16 to 20, Competitive Procurement shall be used for
procurement of all Goods, Services and Construction.
Alternative Procurement
16.
(1)
For procurement opportunities that do not exceed thresholds set out in
applicable trade agreements, Alternative Procurement may be used, subject to any
restrictions or requirements set out in the Procurement Manual.
(2)
For procurement opportunities that exceed thresholds set out in applicable
trade agreements, Alternative Procurement may be used, provided that it is not done for
the purpose of avoiding competition among suppliers or in a manner that discriminates
against suppliers of any jurisdiction covered by an applicable trade agreement, in the
following circumstances:
(a)
if:
(i)
no bids were submitted or no suppliers requested participation;
(ii)
no bids that conform to the essential requirements of the call for bids
were submitted;
(iii)
no suppliers satisfied the conditions for participation; or
(iv)
the submitted bids were collusive,
provided that the requirements of the call for bids are not substantially modified;
(b)
if the Goods, Services or Construction can be supplied only by a particular
Page 11
supplier and no reasonable alternative or substitute Goods, Services or Construction exist
for any of the following reasons:
(i)
the requirement is for a work of art;
(ii)
the protection of patents, copyrights, or other exclusive rights;
(iii)
due to an absence of competition for technical reasons;
(iv)
the supply of Goods, Services or Construction is controlled by a
supplier that is a statutory monopoly;
(v)
to ensure compatibility with existing Goods, or to maintain
specialized Goods that must be maintained by the manufacturer of those Goods
or its representative;
(vi)
work is 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;
(vii)
work is to be performed on a leased building or related property, or
portions thereof, that may be performed only by the lessor; or
(viii)
the procurement is for subscriptions to newspapers, magazines, or
other periodicals;
(c)
for additional deliveries by the original supplier of Goods, Services or
Construction that were not included in the initial procurement, if a change of supplier for
such additional Goods, Services or Construction:
(i)
cannot be made for economic or technical reasons such as
requirements of interchangeability or interoperability with existing equipment,
software, services, or installations procured under the initial procurement; and
(ii)
would cause significant inconvenience or substantial duplication of
costs for the Municipality;
(d)
if strictly necessary, and for reasons of urgency brought about by events
unforeseeable by the Municipality, the Goods, Services or Construction could not be
obtained in time using Competitive Procurement;
(e)
for Goods purchased on a commodity market;
(f)
if the Municipality procures a prototype or a first Good or Service that is
developed in the course of, and for, a particular contract for research, experiment, study,
or original development. Original development of a first Good or Service may include
Page 12
limited production or supply in order to incorporate the results of field testing and to
demonstrate that the Good or Service is suitable for production or supply in quantity to
acceptable quality standards, but does not include quantity production or supply to
establish commercial viability or to recover research and development costs;
(g)
for purchases made under exceptionally advantageous conditions that only
arise in the very short term in the case of unusual disposals such as those arising from
liquidation, receivership, or bankruptcy, but not for routine purchases from regular
suppliers;
(h)
if a contract is awarded to a winner of a design contest provided that:
(i)
the contest has been organized in a manner that is consistent with
the principles of applicable trade agreements, in particular relating to the
publication of a Notice of Intended Procurement; and
(ii)
the participants are judged by an independent jury with a view to a
design contract being awarded to a winner; or
(i)
if Goods or consulting services regarding matters of a confidential or
privileged nature are to be purchased and the disclosure of those matters through
Competitive Procurement could reasonably be expected to compromise government
confidentiality, result in the waiver of privilege, cause economic disruption, or otherwise
be contrary to the public interest.
Supplier Prequalification & Rosters
17.
(1)
The Procurement Section may limit bids to prequalified suppliers, either
through the use of Rosters or through multi-stage procurement opportunities.
(2)
The Procurement Section shall allow all prequalified suppliers to participate
in a particular procurement, unless the Procurement Section states in the request for
supplier prequalification any limitation on the number of suppliers that will be permitted to
submit bids and the criteria for selecting the limited number of suppliers.
(3)
A request for supplier prequalification inviting interested suppliers to apply
for inclusion on a Roster shall be published in a Notice of Intended Procurement at least
every 3 years on the Procurement Web Portal and shall include:
(a)
the criteria that will be used to prequalify suppliers, unless those
requirements are included in the qualification documentation;
(b)
a statement that only the suppliers on the Roster will receive further
notices of procurement opportunities covered by the Roster; and
(c)
the period of validity of the Roster.
Page 13
Buying Groups
18.
(1)
Subject to subsections (2) and (3), the Procurement Section may establish
or take part in Buying Groups, including those formed by the Province of Nova Scotia, the
Government of Canada or any other public sector entity or private sector entity.
(2)
The Procurement Section shall publish a notice of the Municipality's
participation in a Buying Group at least annually on the Procurement Web Portal.
Such notice shall direct potential suppliers to the Buying Group tender notices
website if it is different from the Procurement Web Portal.
(3)
Any agreements required to formalize the Municipality's participation in a
Buying Group shall be approved and signed by the Director of Procurement.
Standing Offers
19.
(1)
The Procurement Section may establish Standing Offers using Competitive
Procurement, Alternative Procurement or through participation in a Buying Group.
(2)
In issuing a call for a Standing Offer, the Procurement Section shall indicate
how subsequent purchases will be made from a supplier under a Standing Offer.
(3)
The Director of Procurement may negotiate and make modifications to a
Standing Offer that they determine to be in the best interests of the Municipality, such as
adding or deleting items or extending the duration of a Standing Offer.
(4)
For the purposes of contract award, the total estimated value of the
Standing Offer including options shall be used to determine the appropriate approval
authority.
(5)
Individual draws from a Standing Offer shall be approved by an Executive
Director.
(6)
An Executive Director may delegate their authority under subsection (5),
and a list of such delegations shall be provided to and maintained by the Procurement
Section.
(7)
Draws from a Standing Offer must comply with the requirements of section
79A of the Halifax Regional Municipality Charter regarding municipal expenditures;
(8)
Where the Procurement Section has established a Standing Offer for
Goods, Services or Construction, it shall be mandatory to use the Standing Offer for the
purchase of such Goods, Services or Construction.
Low Value Purchases
20.
(1)
If a Standing Offer is not applicable, Departments may make Low Value
Purchases of Goods, Services and Construction by employing one of the acceptable
procurement methods set out in the following table:
Page 14
Amount
Acceptable Procurement Methods
< $1,000
- One or more quotes
$1,000 to $10,000
- Request two or more quotes
- Competitive Procurement
- Alternative Procurement
(2) Low Value purchases may be paid with petty cash or using a Purchasing Card
in compliance with the HRM Purchasing Card Policy & Procedure.
SOCIAL PROCUREMENT
Social Procurement
21.
(1)
When making Low Value Purchases or when conducting invitational calls
for bids, staff will, where feasible, invite at least one diverse or social enterprise supplier
to submit a bid.
(2)
In each call for bids the Procurement Section and the Department
responsible for the purchase shall, in accordance with the Social Value Framework set
out in Appendix B, include evaluation criteria and/or contract requirements that aim to
achieve social value or social impacts such as:
(a)
supplier diversity (i.e. opportunities for diverse suppliers including
suppliers owned, operated by, or employing African Nova Scotians, Indigenous
peoples, people with disabilities and/or other traditionally underrepresented
groups);
(b)
workforce development (i.e. offering apprenticeships, skills training
and/or other developmental support to employees, subcontractors and/or
volunteers);
(c)
fair wage/living wage;
(d)
community benefits;
(e)
environmental benefits;
(f)
socially responsible production; and
(g)
advanced health and safety practices.
(3)
In each call for bids, the Procurement Section shall include terms that
require bidders to comply with the Supplier Code of Conduct (including the Living Wage
requirements therein) as set out in Appendix C.
Page 15
EVALUATING BIDS AND AWARDING CONTRACTS
Openings
22.
(1)
Bids will be accepted in accordance with the closing time and date
stipulated in the call for bids.
(2)
The Director of Procurement may conduct public openings at their
discretion.
Bids to be in Writing
23.
(1)
Subject to subsection (2) the Municipality shall only consider bids that are
submitted in writing.
(2)
The Municipality may consider verbal bids for Low Value Purchases
Evaluation Criteria
24.
(1)
Bids will be evaluated in accordance with the evaluation criteria published
in the call for bids.
(2)
The Procurement Section shall ensure that each call for bids includes
appropriate evaluation criteria to ensure the Municipality achieves Best Value.
Fairness Monitors
25.
The Municipality may engage the services of a fairness monitor to monitor and
report on the fairness of a particular procurement.
Pre-requisites to Awarding of Contracts
26.
(1)
The following pre-requisites shall apply to the approval of any contract
award:
(a)
the purchase must comply with the requirements of section 79A of
the Halifax Regional Municipality Charter regarding municipal expenditures;
(b)
the Goods, Services or Construction being purchased shall be
consistent with the approved program deliverables;
(c)
if projected funding for the purchase is contingent on the receipt of
cost sharing from third parties, such cost sharing commitments must be confirmed
in writing; and
(d)
the purchase shall be compliant with this Administrative Order, the
Procurement Manual, and any other applicable policies, legislation and trade
agreements.
(2)
Any award requiring the approval of a DCAO or the CAO or Council requires
Page 16
a recommendation report and any such report shall:
(a)
be prepared by the Department that initiated the procurement;
(b)
be reviewed by the Procurement Section to ensure that the
procurement has been conducted in accordance with applicable policies,
legislation, trade agreements and ethical business practices;
(c)
provide details of the recommended purchase and describe the
method of procurement used; and
(d)
be signed by the appropriate Executive Director and forwarded to the
DCAO, CAO or Council for approval.
Determination of Best Value
27.
(1)
Unless the Municipality determines that it is not in the public interest to
award a contract, the Municipality shall award the contract to the supplier whose bid the
Municipality has determined represents Best Value.
(2)
If the Municipality receives a bid from a supplier with a price that is
abnormally lower than the prices in other submitted bids, the Procurement Section may
verify with the supplier that it satisfies the conditions for participation and is capable of
fulfilling the terms of the contract.
(3)
In the case of a tie bid, the Director of Procurement may request the tied
suppliers to submit a best and final offer, and if a tie bid still occurs, Best Value may be
determined on the basis of a coin flip.
Award Authority
28.
(1)
The approval authority limits for the awarding of contracts are as follows:
Method
Director
Executive
Director
DCAO
CAO
Council
Low Value
Purchase
$10,000
$10,000
$10,000
$10,000
$10,000
Competitive or
Alternative
Procurement
Per delegation
of authority
from Executive
Director [not to
exceed
$500,000]
$500,000
$1,000,000
Any amount Any amount
Page 17
Method
Director
Executive
Director
DCAO
CAO
Council
Low Value
Purchase
$10,000
$10,000
$10,000
$10,000
$10,000
Establishment
of Standing
Offer
$5,000,000
(Director of
Procurement
only)
$5,000,000
(Executive
Director of
Finance and
Asset
Management
only)
$5,000,000
(DCAO of
Corporate
Services
only)
Any amount Any amount
(2)
Notwithstanding the approval authority limits listed in subsection (1):
(a)
a contract award must be forwarded to Council for approval if:
(i)
the award commits the Municipality to making capital
expenditures in a future fiscal year and exceeds the amounts allocated for
the project in Council's multi-year capital plan;
(ii)
the award commits the Municipality to making operating
expenditures in a future fiscal year and exceeds either $5,000,000, or a term
of 5 years;
(iii)
there is legislative requirement for Council to approve the
award; or
(iv)
the CAO is of the opinion that the award is a matter best dealt
with by Council.
(b)
a contract award must be reviewed by Legal Services and forwarded
to the CAO or Council for approval where the proposed supplier is not the lowest-
priced or highest-scoring supplier;
(c)
the CAO may delegate their authority to a DCAO or an Executive
Director if:
(i)
prior to Requisition, the DCAO or Executive Director prepares
a report for the CAO recommending the purchase and receives written
approval from the CAO to make the purchase;
(ii)
the award is the result of Competitive Procurement;
(iii)
the value of the contract to be awarded does not exceed 110%
of the estimated value of the contract as reported to and approved by the
Page 18
CAO in accordance with sub-clause (i); and
(iv)
the proposed supplier is the lowest-priced or highest-scoring
supplier.
Signing Authority
29.
(1)
The following pre-requisites apply to the execution of any procurement
contract on behalf of the Municipality:
(a)
the award of the contract must be approved in accordance with the
authorities set out in section 28 of this Administrative Order; and
(b)
for all contracts (except Low Value Purchases), the contract terms
and conditions must be reviewed by Legal Services or be in the form of a template
approved by Legal Services.
(2)
The authority to execute procurement contracts on behalf of the Municipality
is as follows:
Position
Signing Authority
CAO
Any contract
Director of Procurement
Any contract where the supplier is bound to the
Municipality's standard terms & conditions
DCAO or Executive Director Any contract where the award has been approved by
the DCAO or Executive Director or by an employee in
the Executive Director's Department.
Director
Per delegation of authority from their Executive Director
(3)
The CAO may set further conditions or procedures and make further
delegations regarding signing authority provided that such conditions, procedures and
delegations are not inconsistent with this Administrative Order.
(4)
An Executive Director may delegate to one or more Directors in their
Department, the authority to execute contracts provided that:
(a)
the Procurement Section is given a list of such delegations showing
the delegate's name and amount that they have been delegated; and
(b)
the amount of the delegation is no greater than the Executive
Director's award authority pursuant to section 28.
Publishing of Bid Results
30.
For contracts exceeding the thresholds set out in applicable trade agreements, the
Procurement Section shall publish a notice of contract award on the Procurement Web
Portal no later than 72 days after the date the contract was awarded. The information
Page 19
shall remain readily accessible for a reasonable period of time. The notice of award shall
include at least the following:
(a)
a description of the Goods, Services or Construction procured;
(b)
the name and address of the Municipality;
(c)
the name and address of the successful supplier;
(d)
the value of the successful bid;
(e)
the date of award; and
(f)
if Alternative Procurement was used, the conditions and circumstances
described in section 16, and the corresponding trade agreement reference that
justified its use.
Reporting of Awards
31.
(1)
The Director of Procurement shall provide a report to the Council members,
at least quarterly, containing a list of:
(a)
all awards approved by the CAO;
(b)
all awards exceeding $100,000; and
(c)
all
awards
exceeding
$50,000
resulting
from
Alternative
Procurement.
(2)
The report shall show the name of the contract, the name of the successful
supplier, the amount of the contract, and the budgetary estimate.
CONTRACT MANAGEMENT
Contract Amendments
32.
(1)
All contract amendments must comply with the requirements of section 79A
of the Halifax Regional Municipality Charter regarding municipal expenditures.
(2)
A contract amendment that increases the price of a contract shall not be
made without a corresponding change in contract deliverables or scope of work, unless
it is otherwise in the best interest of the Municipality to agree to the contract amendment.
(3)
A contract amendment for the delivery of Goods, Services or Construction
that were not included in the initial procurement shall:
(a)
meet the conditions for Alternative Procurement; or
Page 20
(b)
be in the best interests of the Municipality.
(4)
Contract amendments shall be tracked and significant variances
substantiated.
(5)
Approvals for contract amendments and copies of all contract amendments
shall be documented in writing and submitted to the Procurement Section. Where
practical, such submission shall be done prior to the work being undertaken.
(6)
Approval formats for contract amendments will be as approved by the
Director of Procurement.
(7)
The approval and signing authority limits for cumulative contract
amendments are as follows:
Position
Approval Authority
DCAO or Executive
Director (or their
delegate)
(a) $15,000; or (b) a 15% increase to the originally
approved contract amount, whichever is greater.
CAO
(a) $20,000 or (b) a 20% increase to the originally approved
contract amount, whichever is greater.
CAO (with reporting
to Audit & Finance)
The CAO may approve and sign contract amendments that
exceed the thresholds above, provided that the CAO must
submit a report including the details of such contract
amendments at the next scheduled meeting of the Audit &
Finance Standing Committee.
Council
Any amount
Contract Options
33.
(1)
The exercising of any option under a contract is subject to the identification
and availability of sufficient funds approved by Council through the business planning and
budget process.
(2)
Subject to alternate direction from Council at the time of contract award, the
authority to exercise any contractually defined option, including an option to extend a
contract, is as follows:
Option Authority
Total Cost of
Exercising Option
Director
Per delegation of authority from Executive
Director [not to exceed $500,000]
Executive Director
$500,000
DCAO
$1,000,000
CAO
Any Amount
Council
Any Amount
Page 21
Contract Assignments
34.
(1)
The authority to assign or consent to an assignment of a contract is as
follows:
Assignment Authority
Total Value of Contract
Director
of
Procurement
(in
consultation with applicable Executive
Director, DCAO or CAO)
Any Amount
(2)
An assignment agreement must be reviewed by Legal Services or be in the
form of a template approved by Legal Services.
Contract Terminations
35.
(1)
The failure of a supplier to fulfill its obligations under any contract with the
Municipality shall be documented by the Department responsible for the contract.
(2)
Legal Services and the Procurement Section shall be consulted prior to the
termination of any contract by the Municipality.
(3)
The authority to approve the termination of a contract due to the default by
the supplier of its obligations, or otherwise is as follows:
Termination Authority
Total Value of Contract
Executive Director
$500,000
DCAO
$1,000,000
CAO
Any Amount
Council
Any Amount
SUPPLIER PERFORMANCE
Performance Files
36.
(1)
Departments shall complete a supplier evaluation scorecard at the
completion of each contract or as otherwise directed by the Director of Procurement.
(2)
The Procurement Section shall maintain supplier performance files that
contain information supplied by Department and Procurement Section staff, including
supplier evaluation scorecards.
(3)
Supplier performance may be evaluated based on factors including safety,
project management, scheduling and overall quality of work.
Disqualification & Suspension (Bid-Barring)
37.
(1)
Upon reasonable notice in writing to the supplier involved, and after a
reasonable opportunity for response, the Municipality may formally disqualify or suspend
Page 22
a supplier from bidding on any Municipal procurement opportunities for a period not
exceeding 5 years, on grounds including:
(a)
Bankruptcy or insolvency;
(b)
False declarations;
(c)
Significant or persistent deficiencies in performance of any
substantive requirement or obligation under a prior contract or contracts;
(d)
Final judgments in respect of serious crimes or other serious
offences;
(e)
Professional misconduct or acts or omissions that adversely reflect
on the commercial integrity of the supplier; or
(f)
Failure to pay taxes.
(2)
A written decision shall be issued to the supplier disqualified or suspended
setting out the reasons for its disqualification or suspension.
(3)
Disqualification or suspension of a supplier shall be approved by the
Director of Procurement.
(4)
Disqualification or suspension applies to the supplier and its owner(s) and
principal(s).
Debriefings
38.
(1)
A supplier may request a debriefing after a contract is awarded if the request
is made in writing to the Director of Procurement within 10 business days of the award
notice being posted on the Procurement Web Portal.
(2)
At a debriefing, suppliers can find out how their bid scored against published
criteria, obtain comments from the evaluation team on their bid, and gather information
on how future submissions may be improved.
(3)
At a debriefing, bids shall not be compared to each other, nor shall
information on other bids be provided.
Bid Challenges & Dispute Resolution
39.
(1)
Suppliers are encouraged to raise any concerns with the Procurement
Section about a particular procurement or procurement process prior to submitting a
formal complaint or commencing legal proceedings.
(2)
Notwithstanding any other recourse available to a supplier, a supplier may
submit a formal complaint to the Province of Nova Scotia's Chief Procurement Officer in
Page 23
accordance with the Province of Nova Scotia's Vendor Complaint Procedure.
COST SHARING AGREEMENTS
Approval of Cost Sharing
40.
(1)
The authority to approve and execute cost sharing or contribution
agreements on behalf of the Municipality, to receive funding or funding commitments from
third parties is as follows:
Approval & Signing Authority
Maximum Amount
CAO
Any amount
DCAO
$1,000,000
Executive Director
$500,000
Director
$10,000
(2)
Notwithstanding the authority limits listed in subsection (1), Council
approval is required for any cost sharing or contribution agreement that requires or will
result in an increase of more than $1,000,000 in the approved project budget or multi-
year capital plan.
(3)
Nowithstanding subsection (2), the CAO may approve and execute all cost
sharing or contribution agreements with Halifax Water for integrated projects.
(4)
The terms and conditions of all cost sharing or contribution agreements
must be reviewed by Legal Services or be in the form of a template approved by Legal
Services.
TRANSITION AND REPEAL
Transition
41.
A reference in an enactment to any previous Procurement Policy of the
Municipality, is to be read as including a reference to the provisions of this Administrative
Order relating to the same subject-matter.
Repeal
42.
(1)
Administrative Order 2020-004-ADM, the Halifax Regional Municipality
Procurement Administrative Order, adopted by Council on July 7, 2020 and all
amendments thereto is repealed.
(2)
The Changes to Cost Sharing for Capital Projects Policy adopted by Council
on April 24, 2007 and all amendments thereto is repealed.
Page 24
Done and passed in Council this 22nd day of November, 2022
.
____________________________________
Mayor
____________________________________
Municipal Clerk
I, Iain MacLean, Municipal Clerk of Halifax Regional Municipality, hereby certify that the
above-noted Administrative Order was passed at a meeting of Halifax Regional Council
held on November 22, 2022.
.
_____________________________________
Iain MacLean, Municipal Clerk
Page 25
Notice of Motion:
October 25, 2022
Approval:
November 22, 2022
Page 26
APPENDIX A - EXEMPTIONS
List of Exemptions
1.
The following expenditures shall be exempt from the application of section 12
through 39 of this Administrative Order:
a)
Expenditures that, by their nature, are not expenditures for the acquisition
of Goods, Services or Construction; and
b)
Expenditures that are expressly exempt from the public procurement
requirements of applicable trade agreements including:
(i)
public employment contracts;
(ii)
non-legally binding agreements;
(iii)
any form of assistance, such as grants, loans, equity infusions,
guarantees, and fiscal incentives;
(iv)
a contract awarded under a cooperation agreement with an
international cooperation organization if the procurement is financed, in
whole or in part, by the organization;
(v)
acquisition or rental of land, existing buildings, or other immovable
property, or the rights thereon;
(vi)
measures necessary to protect intellectual property, provided that
the measures are not applied in a manner that would constitute a means of
arbitrary or unjustifiable discrimination where the same conditions prevail or
are a disguised restriction on trade;
(vii)
procurement or acquisition of:
(i)
fiscal agency or depository services;
(ii)
liquidation and management services for regulated financial
institutions; or
(iii)
services related to the sale, redemption, and distribution of
public debt, including loans and government bonds, notes, and other
securities;
(viii)
procurement of:
(i)
financial services respecting the management of government
financial assets and liabilities (i.e. treasury operations), including
Page 27
ancillary advisory and information services, whether or not delivered
by a financial institution;
(ii)
health services or social services;
(iii)
services that may, under applicable law, only be provided by
licensed lawyers or notaries; or
(iv)
services of expert witnesses or factual witnesses used in court
or legal proceedings; or
(ix)
procurement of Goods, Services or Construction:
(i)
financed
primarily
from
donations
that
require
the
procurement to be conducted in a manner inconsistent with
applicable trade agreements;
(ii)
on behalf of a person or entity not subject to applicable trade
agreements;
(iii)
between the Municipality and enterprises that are controlled
by or affiliated with the Municipality, or between the Municipality and
another government body or enterprise or their affiliates;
(iv)
by non-governmental bodies that exercise governmental
authority delegated to them;
(v)
from philanthropic institutions, non-profit organizations, prison
labour, or natural persons with disabilities;
(vi)
under a commercial agreement when operating a sporting or
convention facility;
(vii)
conducted for the specific purpose of providing international
assistance, including development aid, provided that the Municipality
does not discriminate on the basis of origin or location within Canada
of Goods, Services, Construction or suppliers; or
(x)
conducted:
(i)
under the particular procedure or condition of an international
agreement relating to the stationing of troops or relating to the joint
implementation by the signatory countries of a project; or
(ii)
under the particular procedure or condition of an international
organization, or funded by international grants, loans, or other
assistance.
Page 28
Approval Authorities
2.
Unless stated otherwise, addressed in another policy, or delegated by the CAO, the
ability to make or authorize expenditures or enter into contracts that are exempt from the
application of this Administrative Order are subject to the following authority limits:
Position
Authority Limit
Director
$100,000
Executive Director
$500,000
Executive Director of Finance and Asset
Management
Any
amount
(utilities
and
statutory
payments to other levels of government
only)
DCAO
$1,000,000
CAO
Any Amount
3.
Notwithstanding section 2, the procurement of external legal services must also be
authorized by the Municipal Solicitor.
Page 29
APPENDIX B - SOCIAL VALUE FRAMEWORK
1. Application
1.1. The effective date for this Social Value Framework is April 1, 2021
1.2. This Framework shall apply to all Municipal purchases of Goods, Services and
Construction except purchases for time and materials-based consulting services and
purchases made from prequalification lists (rosters).
2.
Social Impact Opportunity Analysis
2.1. The Procurement Section shall develop appropriate tools to determine the
potential for achieving social impacts or social value in Procurement activities.
2.2. The Procurement Section and the ordering Department shall consider community
impact, reach, workforce and training potential, inclusion, environment, and other social
factors, as well as the market's ability to respond.
2.3. Unless it is determined that it is not appropriate or practical, all procurement
opportunities with estimated values of $1,250,000 or greater shall include evaluation
criteria and/or contract requirements that aim to achieve social impacts or social value.
2.4. Unless it is determined that it is not appropriate or practical, all Requests for Pre-
Qualification and Request for Proposals issued by the Procurement Section, regardless
of value, will contain evaluation criteria that aim to achieve social impacts or social value,
and clearly identify to proponents the types of strategies that can be proposed to address
the associated evaluation criteria. The evaluation team will include the appropriate staff
with relevant/appropriate experience to evaluate proposals.
2.5. Requests for Quotation and Tenders shall set out any mandatory submission or
contract requirements related to social impact or social value.
3.
Supplier Diversity
3.1. The Procurement Section shall develop and maintain a list of diverse supplier
certification organizations which may be accessed by staff to identify certified diverse
suppliers.
3.2. Departments shall seek at least one (1) quotation from a diverse supplier when
making a Low Value Purchase.
3.3. The Procurement Section shall seek at least one (1) quotation from a diverse
supplier when making a purchase via an invitational process.
Page 30
3.4. All publicly advertised Requests for Quotations and Tenders will include language
to encourage bidders to develop or adopt a supplier diversity policy that aims to include
diverse suppliers in their supply chain.
4.
Standing Offers and Small to Medium Businesses
4.1. The Procurement Section in consultation with Departments shall review standing
offer agreements prior to renewal or re-tendering to assess the ability for small to medium
local business to respond to the call for bids and, where appropriate, reduce the scope of
the standing offer based on the following considerations:
a)
Is the standing offer so comprehensive in its nature that small to medium
businesses are unable to respond?
b)
Does the standing offer include universally available Goods as well as
specialized Goods that may restrict competition?
c)
Would the unbundling of the Goods have an unreasonable adverse effect
on the Municipality?
d)
Can the call for bids be reduced in scope in compliance with the
Procurement Policy and applicable Trade Agreements?
5.
Workforce Development and Employment Equity
5.1. For all calls for bids with an anticipated value above $1,250,000 (including option
years) the Procurement Section and the ordering Department will review all bid
documents to determine if Workforce Development or Employment Equity requirements
should be included on the basis of the following principles:
a)
Suitability - the degree to which possible employment-related opportunities
can provide candidates with meaningful experience, learning and skill
development.
b)
Reach - the degree to which candidates can meet the minimum
qualifications needed to access possible employment opportunities.
c)
Volume - the number of employment opportunities that could be offered as
part of the project.
d)
Feasibility - likelihood that workforce development outputs can be achieved
within the proposed timeframe of the contract.
5.2. Where opportunities for workforce development and/or employment equity are
identified in a Procurement process, bidders will , as part of the procurement process, be
Page 31
required to provide to HRM a commitment respecting workforce development and/or
employment equity in the event their bid is accepted.
6.
Environmental Stewardship
6.1. The Procurement Section and ordering Departments will integrate environmental
stewardship and life-cycle principles in procurement planning and practices.
6.2. The Procurement Section and ordering Departments will use appropriate
standards (eg. LEED, EPeat, FSC, and others) to achieve environmental outcomes and
value for money (i.e. appropriate balance of factors, such as cost, performance,
availability, quality, and environmental performance).
6.3. When creating a standing offer the Procurement Section will seek to include
environmentally preferable options (i.e. that have a lesser or reduced impact on the
environment over the life cycle of the good or service, when compared with competing
goods or services serving the same purpose) to user Departments.
7.
Reporting and Compliance
7.1. Where social value requirements are included in a Procurement process, such
requirements will be included in the resulting contract, in addition to contractual
obligations for ongoing reporting on the status of such commitments from the supplier.
7.2. The Procurement Section will develop procedures to guide the determination of
whether a supplier achieves or fails to meet their social value commitments, including but
not limited to, the degree of compliance, the effort made by the supplier in working
towards meeting their commitment and the role of subcontractors within the contract.
Page 32
APPENDIX C - SUPPLIER CODE OF CONDUCT
1.
Application
1.1
The effective date for this Supplier Code of Conduct is April 1, 2021
1.2
The provisions of this Supplier Code of Conduct set forth Halifax Regional
Municipality's expectations for all suppliers (and their subcontractors) with whom the
Municipality does business.
1.3
Suppliers and their subcontractors shall comply with all provisions of the Supplier
Code of Conduct and with all applicable laws and regulations in the jurisdiction(s) where
the Supplier operates with respect to manufacturing of goods, development and
protection of intellectual property rights, delivery of services and construction, and ethical
business practices. This includes but is not limited to those laws relating to working
conditions, human rights, health and safety, and the environment. Where applicable laws
and this Supplier Code of Conduct address the same issue, the standard that is most
stringent will apply.
1.4
The purpose of compliance with this Supplier Code of Conduct is to ensure that all
suppliers and their subcontractors, regardless of their place of operation, adhere to a
consistent set of minimum performance standards related to social responsibility,
environmental standards, ethics, human rights and fair workplace practices.
2.
Child Labour
2.1 The supplier and its subcontractors must commit to a zero-tolerance policy toward
the use of child labour in the provision of any goods or services to the Municipality. The
term "child" refers to any person under the age of 16. The use of legitimate workplace
apprenticeship programs, which comply with all laws and regulations, is permitted.
3.
Forced Labour
3.1
Suppliers and their subcontractors shall not:
a)
Use forced, illegal or involuntary prison labour, including indentured or
bonded labour, or any form of compulsory labour in the production of Goods or
Services.
b)
Require workers to lodge deposits or their identity papers as a condition of
employment, or financially penalize workers for resigning.
c)
Require any foreign contract worker to remain in employment for any period
of time against their will or burden workers with any required agency recruitment
commissions.
Page 33
4.
Equity and Non-discrimination
4.1
In hiring and employment practices such as promotions, rewards, and access to
training, neither the supplier nor its directors, officers, or employees will engage in
discrimination based on race, religious beliefs, colour, gender, gender identity, gender
expression, physical or mental disability, ancestry, marital status, family status, source of
income, age, place of origin, and sexual orientation. In addition, workers or potential
workers shall not be subjected to unlawful or discriminatory medical tests.
4.2
Suppliers and their subcontractors shall not interfere with the exercise of the rights
of personnel to observe tenets or practices, or to meet needs relating to race, caste,
national origin, religion, disability, gender, sexual orientation, union membership or
political affiliation.
4.3
Suppliers and their subcontractors shall not permit or condone behavior including
gestures, language and physical contact, that is coercive, threatening, abusive or
exploitative.
5.
Disciplinary Practices
5.1
Suppliers and their subcontractors must ensure their employees are treated with
respect and dignity and that disciplinary policies and procedures are clearly defined and
communicated to employees. The supplier and its subcontractors must ensure that its
employees are not subject to inappropriate treatment, including any personal or sexual
harassment, nor to the threat of any such treatment.
5.2
Suppliers and their subcontractors shall not retaliate against or discipline any
employee for reporting harassment or other inappropriate treatment in the workplace.
6.
Hours of Work
6.1
Suppliers and their subcontractors shall comply with all applicable employment
standards and related law and legislation in the jurisdiction(s) of production or services
with respect to hours of work, vacation pay, overtime hours and overtime pay.
7.
Wages
7.1
Suppliers and their subcontractors will at a minimum meet legislated minimum
wage rates and comply with all employment standards and related law, legislation and
applicable collective agreements in the jurisdiction(s) of production or services with
respect to compensation, including wages and benefits.
8.
Living Wage Requirement
8.1
For Services contracts where outsourced labour is performed on a regular,
ongoing basis (such as custodial work, security services, solid-waste collection, grass
Page 34
mowing and snow removal), suppliers and their subcontractors shall pay, at minimum, a
"living wage" to their employees when such employees are assigned to operational duties
within HRM-owned or operated buildings, parks, streets, sidewalks, rights of way,
playgrounds or parking lots. For the purposes of this paragraph, "living wage" is the living
wage rate for Halifax, Nova Scotia as defined, calculated and published by the Canadian
Centre for Policy Alternatives as of the date that the call for bids is published.
8.2
Notwithstanding the foregoing, the requirement to pay a living wage is not
applicable to:
a)
contracts entered into and contracts tendered or retendered prior to this
Code of Conduct coming into force;
b)
students, interns and practicum placements for summer projects, etc
c)
contracts requiring fewer than 120 total person-hours of service per year;
d)
ad hoc contract work (for example emergency or non-recurring repairs or
maintenance where no standing contracts are in place);
e)
Construction Services
f)
volunteers;
g)
employees of organizations (for profit or not-for-profit) that lease property
from the City; or
h)
social enterprise.
8.3
Suppliers and their subcontractors shall, upon request, provide the Municipality
with evidence of their compliance with the living wage requirements set out herein.
9.
Freedom of Association and Collective Bargaining
9.1
The supplier and its subcontractors must work directly with employees to find
solutions to any outstanding legal and employment issues while at all times respecting
worker rights to obtain representation, join labour unions, and bargain collectively.
Workers must be able to communicate openly with management regarding working
conditions without fear of reprisal, intimidation or harassment
10
Health and Safety
10.1 Suppliers and their subcontractors shall meet or exceed the requirements of all
occupational health and safety codes and related law and regulations in the jurisdiction(s)
of production or where the services are being performed. At minimum suppliers and their
subcontractors shall:
Page 35
a)
Provide a safe and healthy working environment and take adequate steps
to prevent accidents and injury to health arising out of, associated with or occurring
in the course of work by minimizing, so far as is reasonably practicable, the causes
of hazards inherent in the working environment;
b)
Appoint a representative responsible for the health and safety of all
personnel, and accountable for the implementation of the Health and Safety
elements identified in this Supplier Code of Conduct;
c)
Ensure that all personnel receive regular and recorded health and safety
training (in a language understood by the worker) and that such training is repeated
for new and reassigned personnel;
d)
Establish systems to detect, avoid or respond to potential threats to the
health and safety of all personnel;
e)
Provide for use by all personnel, clean bathrooms, access to potable water
and, if appropriate, sanitary facilities for food storage.
11
Environmental Stewardship
11.1 In June 2020, Halifax Regional Council adopted HalifACT 2050. HalifACT 2050 is
a commitment to reducing emissions, switching to clean and reliable energy sources and
demonstrating local government leadership. This transformational plan aligns the
Municipality's efforts to support an equitable shift to a low-carbon economy by 2050. The
plan will also help communities adapt by raising awareness about climate hazards and
helping them better prepare. In addition to the environmental benefits, the implementation
of this plan will lead to economic opportunities, healthier communities and a more resilient
Halifax. In support of the plan:
a)
Suppliers and their subcontractors must seek to conduct their businesses
in an environmentally responsible way, offering or using environmentally
responsible products and services to the extent available, all with the goal of
assisting in the reduction of any negative impact on the environment.
b)
Suppliers and their subcontractors shall mitigate their greenhouse gas
("GHG") emissions, which may include establishing GHG emissions reduction
targets, undertaking projects focused on operational efficiencies and technological
improvements, and offering low-carbon products and services to HRM
c)
Suppliers and their subcontractors shall undertake initiatives to promote
greater environmental responsibility, such as implementing policies and programs
relating to reducing water, waste, energy and paper consumption.
Page 36
d)
Suppliers and their subcontractors shall incorporate climate change risk
assessment into their risk management procedures.
12.
Conflicts of interest or unfair advantage.
12.1 Suppliers must declare and fully disclose any actual or potential conflict of interest
or unfair advantage related to the preparation of their bid or where the supplier foresees
an actual or potential conflict of interest in the performance of the contract. Such potential
conflicts of interest or unfair advantages include, but are not limited to:
a)
Engaging current or former Municipal employees to take any part in the
preparation of the bid or the performance of the contract if awarded, any time within
two (2) years of such persons having left the employ of the Municipality;
b)
Engaging any family members, friends or private business associates of
any Municipal employee which may have, or appear to have, any influence on the
procurement process, or subsequent performance of the contract;
c)
Prior access to confidential Municipally-owned information by the supplier,
or affiliated persons, that is materially related to the solicitation and that was not
readily accessible to other prospective suppliers; or
d)
The supplier or its affiliated persons are indebted to or engaged in ongoing
or proposed litigation with the Municipality in relation to a previous contract
13.
Confidential Information
13.1 Suppliers and their subcontractors may, by virtue of their dealings with the
Municipality, come into contact with confidential information in respect to the Municipality,
including its business partners, citizens and employees. Suppliers and their
subcontractors must comply with all legal and contractual restrictions with respect to the
handling of confidential information and where required must have appropriate policies
and procedures in place to comply with applicable laws and regulatory requirements
regarding the management of confidential information (such as information barriers or
"ethical walls") and must prevent inappropriate access or disclosure of confidential
information.
14.
Publicity
14.1 Suppliers and their subcontractors must not make any promotional statements
(whether on company websites or via social media or otherwise), issue any media
releases or distribute any marketing materials referencing the Municipality or Municipal
trademarks or logos, unless the Municipality has approved each proposed use in
advance, or such use is expressly permitted in an existing agreement with the
Municipality.
Page 37
15. Ethical Standards
15.1 Suppliers and their subcontractors must comply with high ethical standards in doing
business, including but not limited to the following:
a)
Refrain from exerting pressure of any kind on or offering money or gifts to
employees, officials or directors of any entity sourcing goods, services, intellectual
property rights, or construction, whether through a competitive or non-competitive
sourcing process, in order to gain an advantage of any kind over other participants
or potential participants in the sourcing process;
b)
Comply with all applicable domestic and international laws;
c)
Abide by any standards, rules, and codes of conduct set out by any bodies
which govern the supplier;
d)
Without limiting the foregoing, refrain from engaging in any reviewable
conduct or offences under the Competition Act;
e)
Refrain from knowingly providing inaccurate or misleading information in
response to any kind of invitation to submit a bid or proposal;
f)
Refrain from intimidating or attempting to intimidate any other participants
or potential participants in any competitive or non-competitive sourcing process;
g)
Refrain from engaging in questionable or unethical financial practices;
h)
Refrain from engaging in any deceptive marketing practices; and
i)
Refrain from engaging or attempting to engage in any other corrupt or
otherwise unethical business practices.
16.
Implementation and Compliance
16.1 The Municipality expects all its suppliers and their subcontractors to comply with
the Supplier Code of Conduct and to actively do their best to exceed the Municipality's
standards.
16.2 The Municipality's suppliers and their subcontractors have an obligation to inform
their employees about the Supplier Code of Conduct and appropriate avenues of
complaint. This Code of Conduct shall be communicated to all employees and posted in
both English and the local language of the employees, in an area accessible to all
employees.
16.3 The Municipality reserves the right to require suppliers to provide details on factory
and production facility locations.
Page 38
16.4 The Municipality reserves the right to ask for proof of compliance with all applicable
labour, health, safety and environmental laws, and may inspect work locations at any time
(or request independent verification of compliance). Suppliers must maintain current and
sufficiently detailed records to substantiate their compliance with the Supplier Code of
Conduct and the Municipality may ask that they are independently verified at the
supplier's expense.
16.5 On-going or unresolved non-compliance with the Supplier Code of Conduct may
be considered as grounds for termination of contract and/or disqualification from future
procurement opportunities.