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MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Procurement and Purchasing Policy
P-088-14
Effective Date:
April 22, 2026
Procurement and Purchasing Policy P-088-14 Page 1
Part 1 Purpose
1.1
The purpose of this policy is to establish guidelines that provide for the procurement of goods,
services, construction and facilities by the Municipality of Yarmouth in a fair, open, consistent
and transparent manner, resulting in the best value for taxpayers.
Part 2 Application of this Policy
2.1
This Policy applies to procurement by the Municipality of Yarmouth (the Municipality) of all
goods and services, including construction and facilities, by purchase or lease, but does not
apply to the following procurements:
2.1.1 by the Municipality from organizations owned or controlled by the Municipality;
2.1.2 where a construction project is managed by a third party on behalf of the Municipality, in
which case the procurement for the project must be in accordance with the contract
between the Municipality and the third party, and in accordance with generally accepted
procurement practices.
Part 3 Definitions
3.1
In this Policy:
3.1.1 "Alternative procurement practice" means the purchase of goods or services without
a public tender or other competitive process, in the circumstances described at Part 14
of this Policy;
3.1.2 "Best value" means 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 tender documents;
3.1.3 "CAO" means the Chief Administrative Officer of the Municipality of the District of
Yarmouth;
3.1.4 "Economic Considerations" means factors associated with the purchase or
manufacture of a product or asset that relate to life cycle cost, show fiscal responsibility
or show support for the local economy.
3.1.5 "Environmental considerations" means factors associated with the purchase,
manufacture, operation or disposal of a product or asset that affect the environment,
such as the degree to which the product or asset uses recycled materials, is energy
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P-088-14
Effective Date:
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Procurement and Purchasing Policy P-088-14 Page 2
efficient, or produces or reduces greenhouse gas emissions;
3.1.6 "High-value threshold" means procurement valued at or above the dollar value limit set
out in the Canada Free Trade Agreement (CFTA) as it affects a municipality;
3.1.7 "Life cycle cost" means the total costs associated with a product or asset over its life
span, including the cost of maintenance, repair, operation and disposal;
3.1.8 "Local business" means any supplier of goods and/or services located in the
Municipality of Yarmouth. In absence of an interested supplier from the Municipality of
Yarmouth, any supplier of goods and/or services located in Yarmouth County. In
absence of an interested supplier from Yarmouth County, any supplier of goods and/or
services located in either of Shelburne or Digby Counties.
3.1.9 "Municipality" means the Municipality of Yarmouth;
3.1.10 "Social considerations" means factors associated with the purchase or manufacture of
a product or asset that relate to the rights or interest of the workers involved, such as
working conditions, fair wages, and compliance with human rights legislation and
conventions.
3.1.11 "Social enterprise" means "non-profit organizations" or "registered charities" who
operate revenue generating related businesses, and includes organizations that operate
as "for-profit" businesses with a social goal.*
*(Innovation, Science and Economic Development Canada)
Part 4 Procurement Policy Principles
All procurement carried out by the Municipality must be carried out with a view to:
4.1
ensuring an equitable, open and transparent process for the acquisition of goods and services
by the Municipality;
4.2
avoiding dishonesty, corruption or favoritism in the procurement of goods and services;
4.3
encouraging competitive bidding wherever possible and, in any event, minimizing the
Municipality's cost of acquiring goods and services while obtaining best value;
4.4
utilizing suppliers who can be expected to provide satisfactory performance;
4.5
taking into account environmental considerations in all procurement decisions and selecting
environmentally beneficial goods and services where practical;
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4.6
complying with the Nova Scotia Public Procurement Act, and Regulations made pursuant to the
Public Procurement Act.
Part 5 Employee Involvement
5.1
Pursuant to s. 15(1) of the Public Procurement Act, all employees involved in procurement on
behalf of the Municipality must:
5.1.1 ensure their procurement activities are conducted according to this policy, provincial and
federal legislation, trade agreements and ethical business practices;
5.1.2 encourage and support collaborative procurement amongst other municipalities and
public sector entities such as hospitals and school boards;
5.1.3 follow leading procurement practices;
5.1.4 in good faith, conduct business with current and prospective suppliers and be fair in all
business dealings;
5.1.5 strive to obtain the best value for each expenditure;
5.1.6 require suppliers provide accurate representations of goods, services and construction;
5.1.7 encourage suppliers to consider integrating environmental, economic and social
considerations in their product or service offerings;
5.1.8 encourage the negotiation of an equitable and mutually acceptable settlement when a
dispute arises;
5.1.9 request removal from a procurement process when a personal conflict of interest is
perceived.
Part 6 Purchasing Authority
6.1
In addition to adhering to the principles in Parts 4 and 5, all purchasing up to $25,000, within
approved budget, must be procured from a standing offer where one exists, if doing so will
provide the best value. Purchasing practices are as described below:
6.1.1 for goods and services having a value of up to $5,000:
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6.1.1.1 the procurement decision must be made by the applicable Department Head or
by an employee designated by the Department Head;
6.1.1.2 formal price comparisons are not necessary, however from time-to-time
comparisons must be made to ensure best value.
6.1.2 for goods and services having a value between $5,001 and $10,000:
6.1.2.1 the procurement decision must be made by the applicable Department Head or
by an employee designated by the Department Head;
6.1.2.2 goods or services must be procured by an informal verbal or electronic request
for quotations (verbal information must be recorded in notes).
6.1.3 for goods and services having a value between $10,001 and $25,000:
6.1.3.1 the procurement decision must be made by the CAO or by an employee
designated by the CAO;
6.1.3.2 goods or services must be procured by a written request for quotations (Part 9).
6.1.4 for goods and services having a value of more than $25,000:
6.1.4.1 the procurement decision must be made by the CAO, or by Council if the
procurement is not authorized in the budget;
6.1.4.2 goods and services must be procured by public tender according to the
following thresholds: for goods over $25,000; for services over $50,000; for
construction over $100,000 (Part 10).
Part 7 Exceptions
7.1
The CAO may approve exceptions to the normal purchasing practices outlined in Part 6 of this
Policy:
7.1.1 when a more competitive process normally used for goods and services of higher value
is used; or
7.1.2 when, in accordance with the criteria described in the "alternative procurement practices"
provisions at Part 14 of this Policy, it is necessary or appropriate that the goods or
services be purchased in accordance with that section.
Part 8 Procurement Procedures
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8.1
Standing offers:
8.1.1 A standing offer is a source of supply available to the Municipality either through a
standing price agreement with a supplier or as a member of a larger group of
purchasers, and includes:
8.1.1.1 a standing agreement between the Municipality and a supplier in which the
supplier commits to providing specified goods or services at a specific price for a
specific period of time. Such standing agreements should themselves be the
subject of a competitive tender process no less than once per year, and no more
than every two years (at the discretion of the CAO)
8.1.1.2 equipment leasing programs through the Government of Nova Scotia;
8.1.1.3 Nova Scotia Provincial "standing offers" administered by the Nova Scotia
Government;
8.1.1.4 supplies and services available from the Nova Scotia Government;
8.1.1.5 a procurement program administered by the Nova Scotia Federation of
Municipalities or the Association of Municipal Administrators of Nova Scotia;
8.1.1.6 any other program available to several municipal units and other public sector
entities such as hospitals and school boards, provided that municipal staff is
satisfied that such program has been developed and conforms with the principles
set out in Part 4.
Part 9 Request for quotations
9.1
A request for quotations process involves informally obtaining price quotations from a number of
different suppliers.
9.2
Requests for quotations are generally used when the cost of the goods or services does not
warrant the time, effort and expense required for a formal public tender process.
9.3
Quotations must normally be sought from at least three suppliers but fewer suppliers may be
used when three suppliers are not available within a reasonable distance, having regard to the
value of the goods and services, the shipping or travel and the amount of time available before
the goods and services are required to be available. If it is decided to obtain fewer than three
quotations, the person responsible for that decision must document their reasons for doing so.
9.4
Based on the thresholds described in Part 6, quotations must be obtained in writing or verbally.
If a quotation is obtained verbally, the person obtaining it must document the quotation,
including the time, date, supplier, price and description of the goods and services, the person
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from whom the quotation was obtained and the name of the municipal employee obtaining the
quotation.
Part 10 Public Tender
10.1
Public tender means publicly advertising the Municipality's intended procurement of certain
goods and services and inviting responses from interested suppliers.
10.2
Public tenders are used for higher value procurements, when the cost of the goods or services
warrants the time, effort and expense required for a public tender process.
10.3
Public tenders can be in the form of Traditional tenders (see Part 11), Requests for proposals
(see Part 12), or Two-phase bids (see Part 13).
Part 11 Traditional Tender
11.1
A traditional tender is a formal invitation to suppliers to submit a bid to supply specified goods or
services.
11.2
A traditional tender should be used when the procurement requirements of the Municipality can
be clearly and completely specified.
11.3
Traditional tenders do not have to be opened in public, but if they are not, the name of each
bidder and the amount of their bid must be made available on request to each bidder after the
tenders are opened.
11.4
The Municipality must not negotiate with any bidders, but must award the procurement contract
to the bidder that meets the tender requirements and provides best value.
Part 12 Request for Proposals
12.1
A request for proposals is a formal invitation to suppliers to describe how their services,
methods, equipment or products can address and/or meet the needs of the Municipality.
12.2
A request for proposals may be used when the Municipality is unable to clearly or completely
specify the goods or services required, and suppliers are therefore asked to provide a solution
to the problem, requirement or objective. Requests for proposals may also be used for
professional and consulting services.
12.3
In order to preserve confidentiality of sensitive commercial information contained in a proposal,
proposals submitted in response to a request for a proposal need not be opened in public, but
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must be opened in the presence of at least two representatives of the Municipality, and after the
proposals are opened a list of the proponents must be made available to the public and the
proponents upon request.
12.4
Negotiations may be conducted with a proponent after proposals have been opened, subject to
complying with the terms of the request for proposals which must be drafted to avoid unfair "bid-
shopping" by the Municipality (that is, to avoid using the bids submitted as a negotiating tool to
obtain a better price or other benefit).
12.5
The Municipality must award the procurement contract to the supplier whose proposal is
determined to provide best value to the Municipality based upon the evaluation criteria set out in
the request for proposals and equitably applied to all proposals.
Part 13 Two-phase bids
13.1
A two-phase bid process invites suppliers to submit bids as follows:
13.1.1 Phase One: one or more steps in which bidders submit proposals for evaluation, either
with or without prices in a separate submission;
13.1.2 Phase Two: only those bidders whose bids were determined to be acceptable will be
entitled to submit priced bids for consideration or, where prices are submitted separately
in Phase One, the prices are opened.
13.2 A two-phase bid process may be used when detailed specifications are not available or it is
impractical to prepare a specification based on price. This type of procurement has the
advantages of a request for proposals in Phase One and a traditional tender in Phase Two.
13.3 The Phase One submissions need not to be opened in public, but must be opened in the
presence of at least two representatives of the Municipality and a list of the proponents will be
available to the public and the proponents upon request. Phase Two bids may be opened in
public.
13.4 The Municipality must not negotiate with any bidders, and must award the procurement contract
to the supplier whose proposal is determined to provide best value to the Municipality based
upon the evaluation criteria set out in the Phase One request for submissions equitably applied
to all proposals, and the prices in Phase Two.
Part 14 Alternative procurement practices
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14.1
In certain circumstances, the Municipality may purchase goods or services without using one of
the options set out above. An alternative procurement purchase may occur only under one or
more of the circumstances listed in Schedule A of this policy. When an alternative procurement
purchase occurs, the reason for doing so must be documented. If Alternative Procurement is
used and the award value is equal to or exceeds the High Value Threshold, the award must be
published on the Nova Scotia Tendering Alternative Procurement page of the Nova Scotia
Procurement Web Portal.
Part 15 Permanent exemptions
15.1
Individual departments may apply to the CAO for a permanent exemption for certain goods or
services that are considered by the CAO not to be subject to tender and would generally be
covered by an alternative procurement circumstance. All permanent exemptions over $5,000
granted must be reported to Council at the earliest convenience. Reasons for the exemptions
must be recorded.
Part 16 Emergency acquisition
16.1
In an emergency situation the CAO is authorized to make reasonable and informed
procurement decisions which are determined by him/her to be necessary and are being made in
the best interest of the Municipality. The CAO may deem these decisions necessary in order to
protect the legal interests or to satisfy legal obligations of the Municipality, or involve a situation
where failure to act could reasonably be expected to compromise Municipal confidentiality,
cause economic disruption, or would otherwise be contrary to the public interest. When this
clause is invoked, the situation will be reported to Council at the earliest date thereafter.
Part 17 Professional service
17.1
Professional services include legal, banking, audit, engineering, architecture and consulting.
Generally, these will be subject to a Request for Proposals process. These services may be
contracted for a term of up to 5 years, confirmed by Council each year, based on services
offered, performance, and other relevant considerations. The CAO and appropriate Department
Head shall prepare the specifications, issue the call for proposals, carry out interviews, and
make recommendations to Council.
Part 18 Requirements For All Public Tenders
18.1
The following requirements apply to all public tenders, whether traditional tenders, requests for
proposals, or Two-phase bids:
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18.1.1 The Municipality must provide notice of fifteen (15) working days wherever possible and
opportunity to respond to public tenders, and must post or place notices of public
tenders as follows:
18.1.1.1
on the public website maintained and operated by the Government of Nova
Scotia;
18.1.1.2
on the Municipality's website;
18.1.1.3
in other media, as directed by the CAO, when the CAO determines that the
cost and nature of the procurement warrants the expense of doing so.
18.1.2 Exceptions to notice requirement may be made by CAO when necessary.
18.2
Every public tender must include or have attached the terms and conditions that govern the
tender.
18.3
Public tenders should normally include specifications or terms as follows:
18.3.1 expressly or by implication outlining the issues or criteria that will be used for selection of
a successful bidder or proponent;
18.3.2 a privilege clause stating that the lowest or any bid or proposal will not necessarily be
accepted; "the Municipality of Yarmouth reserves the right to reject any or all tenders,
not necessarily accept the lowest tender or to accept any which it may consider to be in
the best interest of the Municipality. The Municipality also reserves the right to waive
formality, informality or technicality in any tender."
18.3.3 form of "information to tenderers"; form of "tender"; form of "contract agreement"; form of
"general conditions" where required; project drawings, maps, and/or specifications where
required.
18.3.4 the location and means of delivery of bids or proposals;
18.3.5 the Municipality may charge a fee or deposit (on a cost recovery basis) to interested
parties prior to being given hard copies of tender documents;
18.3.6 tender/contract security in the form of Bid Bond or Certified Cheque, or Letter of
Credit (at the discretion of the CAO)
18.3.7 the time and date of closing;
18.3.8 a statement that the Municipality reserves the right to cancel this tender at any time,
accept or reject any or all tenders if none is considered satisfactory.
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18.4
Public tenders should also include a form of contract that the successful bidder will be required
to enter into with the Municipality, or should direct that bidders or proponents must provide the
form of contract with their bid or proposal.
18.5
The terms and conditions of every public tender must state the criteria that the Municipality will
use in evaluating responses. Those criteria are not limited to purchase price and life cycle cost
considerations, but may also include items such as environmental and social considerations,
delivery, servicing and the capacity of the supplier.
18.6
Tender documents and bids are subject to the Freedom of Information and Protection of Privacy
provisions of the Municipal Government Act;
18.7
For design or architectural services, a statement should be included that the Municipality will
own the copyright in the design, plans and other intellectual property produced for the
Municipality.
18.8
For each public tender that is awarded, the Municipality must post the name of the successful
supplier and the contract amount on the public website maintained and operated by the
government of Nova Scotia and on the Municipality's website.
Part 19 Bid opening, evaluation and award
19.1
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 upon
request after bid opening.
19.2
Tenders received after the closing date and time shall be date and time stamped and returned
to the bidder unopened, unless an extension to all bidders has been granted prior to closing.
19.3
Tenders may be amended or withdrawn by letter or email. Amendment of individual unit prices
is the only acceptable price amendment.
19.4
The tenders must be opened in the presence of at least 2 municipal employees.
19.5
A record will be kept of the proceedings at the bid opening which will include the names of those
in attendance as well as the amounts of the bids.
19.6
At bidder's request, a list of bidders, the name of winning bidder, and award price excluding
taxes will be provided.
19.7
Bids must show clearance letter from Worker's Compensation Board, liability insurance (amount
as appropriate depending on the nature or scope of the project) with the Municipality also
named as insured, construction safety certificate of good standing, certificate of registration from
Registry of Joint Stocks.
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19.8
In the event that all of the bids received exceed the budgeted appropriation, the Municipality
shall do one of the following: cancel the project; make an award to the lowest acceptable bidder
based on the budget overrun, and significance and priority of the proposed project; undertake
negotiations in the scope of the work with the bidder submitting the lowest acceptable tender to
reduce or alter the scope.
19.9
In the case of tied bids, the tie bidders will be requested to submit a final offer. If this is not
successful and a tie bid still occurs, the contract will be awarded to the local vendor. Where the
tie bidders are either all local or all non-local, all bidders will be invited to a meeting where the
successful bidder will be selected in a draw.
Part 20 Bid rejection circumstances
20.1 Bids may be rejected under the following circumstances:
20.1.1 bid does not meet the advertised specifications;
20.1.1.1
bid is not legible or not all items are bid on;
20.1.1.2
bid is incomplete, unbalanced, conditional, obscure, or contain erasures or
alterations not properly initialed, or irregularities of any kind.
Part 21 Supplier Debriefing
21.1
Upon the request of a supplier who is an unsuccessful bidder in a public tender, the Municipality
must conduct a debriefing with that supplier to provide feedback on the evaluation of the public
tender. This request must be made in writing within ten (10) days of the tender being awarded.
The debriefing must be conducted as follows:
21.1.1 the CAO and/or individuals who evaluated the public tender must conduct the debriefing;
21.1.2 the debriefing must provide reasons for the disqualification of the supplier, or in the case
where evaluation scoring was used, provide an overview of the supplier's score in each
category and reasons for that score;
21.1.3 the debriefing must also provide information to the supplier on how to improve future
submissions.
21.1.4 the debriefing must not disclose any information regarding other bidders or their
submissions.
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21.2
Where a supplier is not satisfied with the information provided by the debriefing, the supplier
may make a complaint to the Chief Procurement Officer (CPO) of the Province of Nova Scotia.
The CPO will determine whether the complaint warrants further investigation. This complaint
process is not intended as a dispute resolution. The CPO may make recommendations to the
Municipality and/or bidder on how to improve the process in the future. The CPO provides a
report to the province on all complaints received. (Part 18 of the Public Procurement Act.)
Part 22 Local Preference and Sustainability Considerations
22.1 Local preference
22.1.1 The Municipality may give preference to purchasing goods and services from local
businesses in accordance with the following:
22.1.1.1
in evaluating which goods or services offer best value to the Municipality, the
Municipality may apply a preference of 10% to a maximum amount of $10,000
to the price offered by a local business as compared with non- local
businesses, such that the price offered by the local business is adjusted lower
by 10% for the purposes of evaluating which goods or services offer best
value.
22.1.1.2
all requests for quotations and notices of public tender must state that local
preference applies to the procurement.
22.2
Preference may be given to Nova Scotia suppliers when the value of the procurement is below
the High Value Threshold. The Municipality may:
22.2.1 Choose to apply a Nova Scotia preference, including when considering evaluative
criteria;
22.2.2 Restrict the receipt of procurement competitions to Nova Scotia suppliers;
22.2.3 Accept, reject, consider and evaluate bids from other jurisdictions on the same basis that
the purchasing authority's jurisdiction would treat a bid from a Nova Scotia supplier.
22.3
The application of local preference must not contravene any Provincial or Federal trade
agreement.
Part 23 Sustainability considerations
23.1
Sustainable procurement involves taking a holistic approach to obtain the best value for the
Municipality. Wherever possible and where it is in the best interest of the Municipality to do so,
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personnel may integrate the following considerations in the procurement process:
23.1.1 Environmental considerations: eg. Greenhouse gas reduction, waste reduction, toxic use
reduction
23.1.2 Economic considerations: eg. Life cycle cost, fiscal responsibility, support for local
economy
23.1.3 Social considerations: eg. Employee health and safety, inclusive employment practices,
fair wage, social enterprise
23.2
All requests for quotations and notices of public tender must list the sustainability criteria that
apply to the procurement.
Part 24 General
24.1
Supplier registry
24.1.1 Suppliers wishing to do business with the Municipality shall be encouraged to register in
the Municipality's Supplier Registry. The Registry must consist of a table of prospective
suppliers for goods and services of various types, along with contract information. At
least once per year, the Municipality will advertise the existence of the Supplier Registry
and the method of registration in order to update the Registry. The Registry may be
used as a source or supplementary source of suppliers for requests for quotations,
invitations to tender, requests for proposals and other public purposes, subject always to
the principles outlined in Section 4 of this policy.
Part 25 Pre-qualification of bidders
25.1
In order to eliminate unrealistic tenders, the Municipality may require tenderers to be pre-
qualified, in certain circumstances and as an acceptable practice, particularly for the acquisition
of services in instances where relevant experience, capability, references, evaluation of project
team members or other criteria are deemed to be in the best interest of the Municipality.
Part 26 Unsolicited bids/quotations/proposals
26.1
The Municipality will not accept unsolicited bids, proposals or quotations.
Part 27 Unsatisfactory suppliers
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27.1
The Municipality may refuse to purchase goods and services from a supplier, and may remove
a supplier name from the Supplier Registry if:
27.1.1 the supplier has not provided satisfactory performance, satisfactory quality goods or has
otherwise not provided best value to the Municipality in dealings within the preceding
three years;
27.1.2 breach of contract indicating unwillingness to perform a contract in accordance with the
terms and conditions or specifications or a record of unsatisfactory performance of one
or more contracts in accordance with its specifications or both;
27.1.3 the offer of any gratuity to an official or employee of the Municipality by a supplier or
contractor for consideration.
27.2
A written decision shall be issued to the suspended supplier setting out the reasons for
suspension. Suspension will be approved by the CAO and shall be for a period of not more than
three years. Suspensions must be reported to Council at the earliest possible convenience.
Part 28 Conflicts of Interest
28.1
If an employee otherwise authorized to award a contract has a conflict of interest (that is, he or
she stands to gain or lose financially from a contract award), the award must be made by the
person to whom the conflicted staff member normally reports and the conflicted staff member
must not participate in the procurement process related to the contract in any manner. Where
Council is awarding a contract, the Municipal Conflict of Interest Act applies, so any Councillor
who has a conflict of interest as defined in the Act must act accordingly.
Part 29 Lease arrangements
29.1
Lease arrangements are subject to the provisions of this Policy, save and except that Council's
authority must be obtained for any leases required by the Municipal Government Act to be
authorized by Council.
Part 30 Approval of form of tender
30.1
Public tendering documents are to be reviewed by the CAO or his or her designate prior to
issuance to ensure consistency of tendering documents and practices.
Part 31 Estimating the value of goods and services
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31.1
In determining the cost of the goods or services for the purpose of deciding which of Parts
6.1.1, 6.1.2, 6.1.3 or 6.1.4 apply to a purchase, staff must reasonably estimate the value of the
goods or services for the duration of the contract. For greater clarity, procurements must be
valued on the total expected value over the term, including extensions and related phases.
Part 32 Posting on Municipal website
32.1
A copy of this Policy must be posted on the Municipality's website.
Part 33 Compliance with Policy
33.1
All staff and Councilors must act in good faith to comply with this Policy, but failure to comply
with this Policy does not invalidate any procurement decision or act of the Municipality, nor is
the Municipality liable to any supplier or prospective supplier for failing to comply with this
Policy.
Chief Administrative Officer's Annotation for Official Policy Book
Date of Notice to Council members of Intent to Consider (7
days Min)
April 15, 2026
Date of Passage of current Policy
April 22, 2026
I certify that this Procurement and Purchasing Policy P-088-14 was adopted by
Council as indicated above.
___________________________________
May 4, 2026
Chief Administrative Officer
Date
Date last reviewed by Council: June 26, 2024
Date last amended: April 22, 2026
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Procurement and Purchasing Policy
P-088-14
Effective Date:
April 22, 2026
Procurement and Purchasing Policy P-088-14 Page 16
Amendment Log
Date
Amendment Description
May 14, 2024
- Updated formatting and numbering
- Section 3.1.7 - updated description
- Section 3.1.10 - added "Social enterprise" description
- Removed Section 4.6 complying with applicable regional, national, and
international trade agreements, including the Agreement on Internal Trade,
the Atlantic Procurement Agreement, and the Construction Contract
Guidelines;
- Section 8.1.1.5 - changed Union of Nova Scotia to Nova Scotia Federation
of Municipalities
- Removed Section 18.2 The terms and conditions of every notice of public
tender must be consistent with:
18.2.1 the standard instructions that support public tenders issued by
the four Atlantic provinces for goods and services, known as the
Atlantic Procurement Agreement (a copy of which is attached as
Appendix "A" to this Policy);
18.2.2 the standard instructions that support public tenders issued by
the four Atlantic provinces for goods and services, known as the
Atlantic Standard Terms and Conditions (a copy of which is attached
as Appendix "B" to this Policy), for the procurement of goods and
services;
18.2.3 the standard instructions that support construction tenders
issued by the Government of Nova Scotia, known as the Construction
Contract Guidelines (a copy of which is attached as Appendix "C" to
this Policy), for the procurement of construction;
18.2.4 Canada's Agreement on Internal Trade www.ait-aci.ca.
- Section 22.1.1.1 - changed 5 to 10% and $5000 to $10,000
- Removed Section 22.1 entirety:
22.1
In accordance with the Atlantic Procurement Agreement, the
local preference described above does not apply to the following
procurements:
22.4.1 goods that have a value of $25,000 or greater;
22.4.2 services that have a value of $50,000 or greater;
22.4.3 construction that has a value of $100,000 or greater.
- Section 23.1.3 - added inclusive employment practices and social
enterprise, removed health promotion.
- Section 28.1 - removed Appendix D
April 22, 2026
- Added 3.1.6 definition of "High-value threshold."
- Section 14.1, added last paragraph "If Alternative Procurement is used and
the award value is equal to or exceeds the High Value Threshold, the award
must be published on the Nova Scotia Tendering Alternative Procurement
page of the Nova Scotia Procurement Web Portal."
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Procurement and Purchasing Policy
P-088-14
Effective Date:
April 22, 2026
Procurement and Purchasing Policy P-088-14 Page 17
- Added Section 22.2 Preference may be given to Nova Scotia suppliers when
the value of the procurement is below the High Value Threshold. The
Municipality may:
22.2.1 Choose to apply a Nova Scotia preference, including when
considering evaluative criteria;
22.2.2 Restrict the receipt of procurement competitions to Nova Scotia
suppliers;
22.2.3 Accept, reject, consider and evaluate bids from other jurisdictions on
the same basis that the purchasing authority's jurisdiction would
treat a bid from a Nova Scotia supplier.
- Replaced Section 22.3 with The application of local preference must not
contravene any Provincial or Federal trade agreement.
- Added last sentence to Section 31.1 For greater clarity, procurements must
be valued on the total expected value over the term, including extensions
and related phases.
- Amended Schedule "A".
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Procurement and Purchasing Policy
P-088-14
Effective Date:
April 22, 2026
Procurement and Purchasing Policy P-088-14 Page 18
Schedule "A"
Alternative Procurement Practices
1. Emergency - If strictly necessary, an urgent, serious, unexpected, and often dangerous
situation requiring immediate action.
2. Ability to Maintain Security / Life / Health - Compliance with the competitive process
requirements would interfere with the Municipality's ability to maintain security or order or to
protect human, animal, or plant life or health. Non-urgent emergency.
3. Absence of competition
a. Technical - Due to an absence of competition for technical reasons.
b. Monopoly - For the procurement of goods or services where the supply is controlled
by a supplier that is a monopoly.
c. Prototype - For a prototype or first good or service that is developed in the course of,
and for a particular contract for research, experiment, study or original development.
d. Advantageous Circumstances - Purchases made under exceptionally advantageous
conditions that only arise in short term cases of unusual disposals.
e. Additional Deliveries - Additional Deliveries by the original supplier of goods or
services that were not included in the initial procurement where a change of supplier for
such additional goods or services cannot be made for economic or technical reasons.
4. Compatibility - To ensure compatibility with existing products, or to ensure the protection of
patents, copyrights, warranties or other exclusive rights.
5. Confidentiality - Where goods or services regarding confidential matters are to be purchased
and the disclosure through an open tendering process could be expected to compromise
government confidentiality, cause economic disruption, or be contrary to public interest.
6. No Suppliers Satisfied the Conditions - No bids were submitted or no suppliers requested
participation; no bids that conform to requirements of solicitation were submitted; no suppliers
satisfied the conditions for participation.
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Procurement and Purchasing Policy
P-088-14
Effective Date:
April 22, 2026
Procurement and Purchasing Policy P-088-14 Page 19
7. Sustainability - To support businesses owned by members of underrepresented and
underserved communities, including: Mi"kmaq and persons of Indigenous descent, African
Nova Scotians and persons of African descent, persons of colour/racialized persons;
newcomers (immigrants and refugees), 2SLGBTQIA+, persons with disabilities, minority faith-
based groups and persons who are neurodivergent.
8. Health and Social Services - For vital public services that prioritize public health and welfare.
9. Procurement Financed By Donations - For the procurement of goods and services financed
primarily from donations that are subject to conditions that are inconsistent with this Policy.