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THE COROPRATION OF THE TOWNSHIP OF FRONT OF YONGE
BY.LAW # C I_,S
BEING A BY.LAW TO ADOPT A PURCHASING AND
PROCUREMENT POLICY FOR THE TOWNSHIP OF FRONT OF YONGE
WHEREAS Section 9 of the Municipal Act 2001, as amended, states a municipality has
the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS by Section 270 (1X3) of the Municipal Act 2001 , as amended, a
municipality shall adopt and maintain a policy governing its procurement of goods and
services;
AND WHEREAS the Council of the Corporation of the Township of Front of Yonge
deems it expedient to adopt an updated Purchasing and Procurement Policy to provide
municipal staff, Council, suppliers and the public with a clear understanding of
accountabilities, responsibilities and the Township's rules governing its procurement
and contracting activities;
NOW THEREFORE, the Council of the Corporation of the Township of Front of Yonge
enacts as follows:
1
That the Purchasing and Procurement Policy attached as Schedule A hereto be
adopted.
2
That this By-law and corresponding Policy shall apply to the Corporation of the
Township of Front of Yonge including all boards and committees operating under
the authority and jurisdiction of the Township.
3.
That By-law # 19-24 be repealed in its entirety
4.
That this By-law shall come into force and effect on the date of passing
5.
That this By-law by cited as the "Purchasing and Procurement Policy By-law"
READ a first and second time this !il
day of
,2025
READ a third and final time this Gih
day
,2025
r Ault
Document: 2.5.1-
Pages: 22
lssued: 04.22.25
FRON'I OF YONGT TO\'}{SHI!
PURCHASING & PROCUREMENT POLICY
Purpose
The purpose of this policy is to provide Municipal staff, Council, suppliers and the
public with a clear understanding of accountabilities, responsibilities, and the
Municipality's rules governing its procurement and contracting activities.
Goals
The goals of the Purchasing and Procurement Policy are to
(a) promote openness, honesty, fairness, integrity, accountability, and
transparency in the procurement process;
(b) encourage competition in the procurement process;
(c) prevent conflicts of interest - real, apparent, and potential - between
suppliers and elected officials and staff;
(d) ensure that goods and services are acquired at the best value for money;
(e) require that suppliers are treated equitably, consistently, and without
d iscrim i nation th roug hout the entire procu rement process ;
clearly identify the roles, responsibilities, and accountability of individuals
involved in the procurement process;
(g) instill confidence in the public and in participation in the procurement
process; and
(h) ensure compliance with the Trade Agreements and applicable laws,
including without limitation the Freedom of lnformation and Protection of
Privacy Act, R.S.O. 1990, c. F.31 and the Accessibility for Ontarians with
Disabilities Act, 2005 and the Discriminatory Business Practices Act,
R.S.O. 1900, c.D.12.
Legislative Authority
The Municipal Act, 2001, S.O. 2001 , C.25, Section 270 (1)(3) states that a
municipality shall adopt and maintain policies with respect to its procurement of
goods and services.
Definitions
Words and phrases used in this policy and related procedures have the following
meanings, unless expressly stated otherwise:
'S
TOWNSHIP OF FRONT OF YONGE
POLICY AND PROCEDURES MANUAL
MALL0RW0V/1,{
1
2,
2.1
3
3.1
4.
4.1
(0
2
"Advertised competitive Process" means a RFx process where the
Municipality publicly advertises an invitation to suppliers to submit a Bid on the
Municipality's designated tendering website.
"Approval Authority" means the position at the Municipality that is authorized
to approve expenditures, procurement strategies, procurement documents or
contract awards.
"Bid" means a proposal, tender or other form of supplier submission responding
to a RFx.
"Bidder" means a supplier that submits a Bid.
"Bond" means a form of financial protection against non-performance; a binding
agreement executed by a contractor and a third party (Surety) to guarantee the
performance of certain obligations and/or duties to the Township and shall be
from an Ontario based surety.
"Buying Group" means a cooperative arrangement in which individual members
administer the procurement function for specific Goods or Services for the group
and includes a buying group entity where the entity administers procurement for
its members and provincial/territorial and federal governments when establishing
standing arrangements open to municipalities.
"Clerk" means the Clerk for the Municipality.
"Gontract" means a written agreement between the Municipality and a supplier
for the purchase of Goods or Services by any contractual means, including
purchase, lease, and rental, with or without an option to buy. ()FTA, cern)
"Contract Value" means the estimated expenditures under a Contract over the
entire period of the Contract, including options and renewal periods, exclusive of
taxes. (CFTA, CETA)
"contractor" means a supplier that is a party to a contract for the supply of
Goods or Services to the Municipality.
"council" means the council of the Township of Front of yonge.
"Department Head" means the head of the department operating within the
Municipality.
"Emergency" has the meaning assigned in Section g (b).
"Excluded Contract" means a contract for Goods, Services or expenditures that
are not subject to competitive procurement rules or the Trade Agreements, listed
in Schedule A to this policy.
3
"Goods" includes supplies, equipment, materials, products, software, furniture,
structures, and fixtures to be delivered installed or constructed.
"lnvitational Competitive Process" means a RFx process where the
Municipality invites preselected suppliers to submit a Bid without advertisement.
"Municipality" means the Corporation of the Township of Front of Yonge
"Non-competitive Purchase" means a procurement strategy involving the
purchase of a Good or Service directly from a supplier without a competitive
process.
"Pefty Gash" means an accessible store of money kept by the Municipality for
expenditure on low dollar value items.
"Procurement Card" means a credit card or purchasing card provided by the
Municipality for use in the procurement of low dollar value Goods and Services
for the Municipality.
"Procurement Strategy" means the planned approach to a procurement,
including whether to adopt an lnvitational Competitive Process or Advertised
Competitive Process, the procurement method to be used, and the Contract
structure such as length of the terms and whether a blanket order approach will
be used.
"RFx" means a competitive process inviting suppliers to submit Bids in
connection with the potential purchase of Goods or Services by the Municipality
and, for purposes of this policy, excludes requests for information.
"services" means all services, including construction services, unless otherwise
specified.
"Trade Agreements" means the Canadian Free Trade Agreement (CFIA), the
Canadian and European Union Comprehensive Economic and Trade Agreement
(CETA), and the Trade and Cooperation Agreement Between Ontario and
Quebec (OQICA), as applicable.
"Treasurer" means the Treasurer for the Municipality
Provisions denoted by a reference to one or more Trade Agreements (CFIA,
CETA or OQTCA) reflect a requirement in the applicable Trade Agreement.
4.2
4
5.
5.1
5.2
Accountabilities and Responsibilities
General Responsibilities. Any person authorized to purchase Goods and
Services on behalf of the Municipality must comply with this policy and related
procedures.
Supporting Canadian Goods and Services. The Township understands the
importance of supporting the Canadian economy and communities from Coast to
Coast. The purpose of prioritizing procuring Canadian goods and services is to
support Canadian suppliers, manufacturers and producers, while still maintaining
compliance with trade agreements and remaining within the approved annual
budgets.
The Township may choose to restrict tendering to Canadian goods, services, or
suppliers for procurements below the CETA thresholds. The Township may rank
proposals according to a defined preference for Canadian goods, services, or
suppliers.
When purchasing through a Cooperative Procurement program, the Township
may choose to select Canadian manufactured, produced or supplied goods or
services, so long as costs are within the existing approved budgets.
The Township may include Canadian value-added criteria in a Request for
Proposal (RFP), for procurements below the CETA thresholds. The canada
value-added scoring shall not be more than a 1oo/o of the total score. The
Township will identify the scoring in the RFP Bid Evaluation summary. As
outlined in the CFTA, Canadian value-added means:
a) ln relation to services, the proportion of the service contract performed by
natural persons based in Canada; and
b) ln relation to goods, the value of the portion of the good produced in Canada
or the difference between the dutiable value of imported goods and the selling
price, taking into account any value added by manufacturers and distributors,
and including any costs incurred in canada related to research and
development, sales and marketing, communications and manuals,
customization and modifications, installation and support, warehousing and
distribution, training, and after-sales service. lt will be the proponent's
responsibility to communicate the value added in their proposal. Where the
goods have been defined as requiring to be canadian in the origin or
produced, a certificate of origin maybe required by the Township.
This section will not discriminate against goods, services and suppliers in other
provinces and territories.
5
5.3
Gouncil's Role and Authority
(a) Council's role is to approve the budget and approve staff
recommendations to award Contracts. Before accepting staff
recommendations to award a Contract, Council must be satisfied that the
procurement process was fair, honest, impartial, and equitable and
othenruise meets the requirements of this policy.
(b) Council has the ultimate authority for this policy and shall approve
amendments to this policy.
5.4
Clerk Responsibilities and Authority. The Clerk is accountable for the proper
administration and compliance with this policy within the Municipality.
Treasurer Responsibilities and Authority. The Treasurer is responsible for
the development and procedures consistent with this policy and shall assist
Department Heads, as appropriate, in the interpretation of this policy and related
procedures.
5.5
5.6 Department Head Responsibilities and Authority. Department Heads shall
(a) Be authorized to make expenditures on behalf of the Municipality, subject
to the requirements of this policy;
(b) Be accountable for, and oversee, all expenditures, procurement and
contract management activities within their department service areas and
ensure compliance with this policy and related procedures;
(c) Make required reports to the Treasurer, Clerk, Council or any other party
regarding their activities or compliance with this policy and related
procedures; and
(d) Retain all background documentation, submissions from suppliers, and
other relevant information involved in obtaining prices for Goods or
Services exceeding $25,000.00 in accordance with the Township's Record
Retention By-law.
6
Prohibitions
ln carrying out procurement and contracting activities, staff and other persons
undertaking procurements on behalf of the Municipality must not:
(a) Circumvent the requirements of this policy including, but not limited to,
biasing specifications or scheduling events to prevent supplies from
meeting requirements; or
(b) Divide purchases to avoid requirements of the policy by any method; or
6.1
6
6.2
6.3
7
7.1
8.
8.1
(c) Purchase any Goods or Services through Contracts for personal use by or
on behalf of any member of Council, employees of the Municipality and
their immediate families; or
(d) Provide information to one supplier to give that supplier advantage over
other suppliers (CFTA, CETA, OQCTA).
For procurements with a Dollar Value of $100,000 or more, the following are
strictly prohibited, unless otherwise approved by Council (CFTA):
i.
lmposing a condition that, in order for a supplier to participate in the
procurement, the supplier must have previously been awarded one
or more contracts by the Municipality; or
ii.
Requiring prior experience where it is not essential to the
procurement; or
iii.
Favouring Goods or Services of a province or region; or
iv.
Favouring suppliers of Goods or Services of a province or region.
For procurements with a Dollar Value of $35,000 or more, the following are
strictly prohibited, unless othenrvise approved by Council (CETA):
i.
Favouring Goods or Services of Canada over those of the
European Union; or
ii.
Favouring suppliers of Canada over those of the European Union.
Failure to Abide by the Policy
Any person who fails to act in accordance with the provisions of the policy may
be subject to disciplinary action up to and including, for employees, termination of
employment.
Delegation of Authorities
Expe nditu re Authorization
(a) Each Department head is delegated the authority to expend municipal
funds through council's approval of budgets or by specific council
resolutions. Regardless of any such approval, all authorizing expenditures
must be made in accordance with the requirements of this policy, which
may include the requirement for additional approvals.
(b) No staff or other person is authorized to expend any funds for the
purchase of Goods or Services until the applicable budget or specific
expenditure is approved by Council, except for:
i.
An Emergency, in which case the Department Head must report
such purchase to Council as soon as possible; or
7
8.2
An emergency in which the spending of funds was authorized by
the Municipal Emergency Control Group; or
Payment of invoices in connection with Goods or Services required
to the Municipality's services and day-to-day operations between
budget approval cycles, including the payment of accounts or
previously approved capital items and projects.
Procurement and Contracti ng Authorization
(a) The inclusion of an item in a Department Head's approved operating or
capital budget confers to the Department Head the authority to initiate
procurements for the Goods and Services relating to such item.
Procurement and Contract approval thresholds are based on the Contract
Value and not the approved budget. The "Contract Value" is the
estimated total expenditures under a Contract over the entire period of the
Contract, including options and renewal periods, exclusive of taxes.
Subject to obtaining procurement and Contract approvals as set out
below, the Department Head may spend up to the Council-approved
budget amounts in any given year on the items in their approved budget.
The following approval must be obtained by Department Heads when
conducting procurement process for Good or Services:
COMPETITIVE PROCUREMENT APPROVALS
(b)
(c)
(d)
APPROVAL AUTHORITY
Council
Approval
Yes
Yes
Yes
Approval to
Award
Gontract
Clerk or
Treasurer
Clerk or
Treasurer
Clerk or
Treasurer
Approval of RFx
Document prior
to release or
publication
(as applicable)
Department Head
and Treasurer or
Clerk, jointly
Department Head
and Treasurer or
Clerk, iointly
Department Head
and Treasurer or
Clerk, iointly
Procurement
Strategy
Approval
Department
Head
Treasurer
Treasurer
Contract
Value
(incl. potential
renewals)
Over $10,000
up to $25,000
Over $25,000
up to $50,000
Over $50,000
Over $25,000
Over $10,000 up to
$25,000
Up to $10,000
Contract Value
(including potential
renewals)
Council
(subject to receipt of
justification and joint
recommendation of
Treasurer and Department
Head)
Treasurer
(subject to receipt of
written j ustifi cation from
rtment Head)
Treasurer
(subject to receipt of
written justifi cation from
Department head)
Approval Authority
(approval to proceed with
Non-Competitive
Purchase)
Yes
Council approval required,
except for an Emergency,
in which case information
to be made available as
soon as possible
Yes
Yes
Gouncil Approval
8
NON-COMPETITIVE PROCUREMENT APPROVALS (EXEMPTIONS)
lnformation Report to council for < $2s,000 procurements. Council
will be provided regular status reports on all procurements valued at
$25,000 or higher undertaken or awarded since the previous council
meeting, or noted on the above table.
(e)
9I
1
(D
special council Approvals. Regardless of the contract Value, council
approvals are required where:
i.
The approved funding is insufficient for the contract award;
ii.
staff does not recommend awarding the contract to the lowest
compliant or highest ranked Bid that has met the requirements of
the RFx;
iii.
Council approval is mandated by statute;
iv.
The term of the contract exceeds five (5) years.
Contract Sig ning Authorization
All non-competitive purchases $25,000 and over shall require a signed Contract,
unless othenruise approved by Council.
9
9.2
9.3
10.
10.1
For all other Contracts, there shall be two (2) signatures of any of the positions
listed in Section 9.3 on all Contracts and contract amendments.
The Mayor/Designated Signatory and the Clerk or Treasurer are authorized to
sign approved contracts and all related approved contract documents on behalf
of the Municipality, including an amendment or renewal.
Gontract Amendment / Early Termination Authorization
Amendments to Add Goods or Services. Contracts may be amended to add
Goods or Services, or to increase the Contract Value, without further competitive
process provided: (a) it is within the approved budget for the items and amount;
and (b) the Contract includes an option to add the specific Goods or Services. lf
the Contract does not include an option to add the specific Goods or Services,
the non-competitive amendment for additional Goods and Services must fall
within an acceptable exemption from a competitive procurement as set out in
Article 1 7 (Non-Competitive Procurement).
lnvoice Payment Authorization
All invoices from Contractors shall be verified and approved for payments by the
applicable Department Head prior to payment.
By approving an invoice, the Department Head is confirming the Goods or
Services have been received and confirmed with the requirements of the
Contract.
10.2 Amendments to Council-Approved Contracts. Regardless of the availability of
approved budget funds, if the aggregate dollar value of amendments to a
Council-approved Contract increases the Contract Value by the greater of
$10,000 or 15o/o of the last Council approved Contract Value, a new Council
approval for such amendment must be sought prior to signing such Contract
amendment.
10.3 Approval to Terminate Contracts Prior to Expiration. Contracts may only be
terminated early with the Treasurer's approval. Council approval must be
obtained prior to the early termination of a Council-approved Contract.
11.
11.1
11.2
11.3 Prior to releasing payment, the Treasurer shall review invoices for clerical
accuracy, budgetary or specific resolution approval.
11.4 The Treasurer may only authorize payment of invoices which have been verified
and approved in accordance with this policy.
11.5 Payments that have been directed by council to be held, will be placed in the
Township Office vault until payment approval has been obtained from Council.
10
12.
12.1
Permitted Procurement Methods
The Procurement process will be stated in the bid call document.
12.2 The following are the procurement strategies and vehicles that may be used
when procuring Goods or Services:
Over $50,000
Over $25,000 to
$50,000
Over $10,000 to
$25,000
Up to $10,000
Contract Value
(incl. potential
renewals)
Advertised Com petitive
Process
I nvitational Com petitive
Process (minimum 3
quotes)
lnvitational Competitive
Process
(Minimum 2 quotes)
Non-Competitive
Purchase
Optional:
lnvitational Competitive
Process (minimum 2
quotes)
Procurement Strategy
RFP, RFT
RFQ-F (recommended)
Optional:
RFP, RFT
RFQ-l (recommended)
Optional:
RFQ-F, RFP, RFT
Procurement Card
RFQ-I
Optional:
RFQ-F
Permitted Procurement
Vehicle
Over $25,000
Over $10,000 to
$25,000
Up to $10,000
Up to $50
NON.COMPETITIVE PURCHASES
Negotiation
Negotiation
Negotiation
Negotiation
Contract Required
CouncilApproval
Procurement Card
Petty Cash
12.3 Up to $50: Petty Cash or Procurement Card
a) A petty cash fund will be maintained by the Treasurer to meet requirements of
acquisitions of good and services having a value of $50 or less.
TT
12.4 Up to $5,000: Procurement Gard or lnvoice
a)
A Procurement Card may be used for requirements with a Contract Value
up to $5,000.
b) A competitive process is optional for requirements with a Contract Value
up to $10,000. However, comparing prices for the Good or Services, and
obtaining competitive price quotes from qualified suppliers is considered a
good business practice and should be done before selecting a supplier,
Good or Service, wherever possible.
c) Department Heads should be prepared to justify a Non-Competitive
Purchase up to $10,000.
12.5
Over $10,000 up to $25,000: lnfdrmal Request for Quotations (RFO-|)
a) For procurements over $10,000 up to $25,000, the Department Head may
use an information Request for Quotations which consists of an informal
verbal or written request for pricing from suppliers. Quotes should be
obtained from a minimum of two (2) qualified suppliers.
12.6
Over $25,000 up to $50,000: Formal Request for Quotations (RFO-F)
a) For procurements over $25,000 up to $50,000, the Department Head may
use a formal Request for Quotations using the Municipality's approved
RFQ-F template. The RFQ-F may be conducted by way of an lnvitational
Competitive Process or by Advertised Competitive Process at the
discretion of the Department Head, with the Treasurer's approval.
b) The lnvitational Competitive Process must invite a minimum three (3)
qualified suppliers to submit Bids. Department Heads are encouraged to
invite more than three (3) suppliers to ensure a more competitive process.
12.7
Over $50,000: Request for Tenders (RFT) or Request for Proposals (RFP)
a) For procurements over $50,000, the Department Head shall use a formal
Request for Tenders (RFT) or Request for Proposals (RFP) method using
the Municipality's approved template.
b) An RFT is appropriate when the Municipality is seeking the lowest cost Bid
and the specifications for Goods or Services is sufficiently detailed so as
to allow a Bidder to compete for the Contract based on price alone.
c) The RFP is the preferred method of procurement where
the Municipality is looking for the best value proposal and the
decision on which preferred supplier, Goods or Services to select is
not based solely on the lowest price;
i)
12.8
12.9
L2
ii)
the specifications are not so detailed as to allow for an evaluation of
the Goods or Services on price alone.
d) RFP and RFQ bids will be opened and documented by the Department
Head and one other staff member. The tender opening document will be
signed by both parties and retained with the documents. For competitions
under $50,000 the results will be presented at the next Council meeting.
For competitions over $50,000 a summary of bids will be presented to
Council for approval.
Blanket Orders
a) Department Heads may use an RFx process to establish blanket orders
with one or more Contractors using the Municipality's approved template.
A blanket order is the preferred method of procurement where the
Municipality anticipates it will have a recurring need for specific Goods or
services but is unable to commit to specific quantities in advance.
b) Department Heads may approve blanket orders to amounts not exceeding
$25,000 without requiring additional procurement approvals. Individual
purchases over $25,000 against standing arrangements must be
approved by the Treasurer.
Vendors of Record (VOR) Lists
a) Department Heads may establish lists of prequalified suppliers, also called
a VOR list, for purposes of future purchases of specific Goods or Services
by publishing, on the Municipality's designated tendering website, a
request for prequalification using the Municipality's approved temptate.
b) Once a VOR list is established, purchases may be made by lnvitational
Competitive Process from the prequalified suppliers on such lists without
undertaking an Advertised Competitive Process unless the Contract Value
is estimated to exceed $365,000 (CFTA, CETA).
Local Gonsiderations
Department Heads are encouraged, where possible, to include one or more
qualified suppliers that are residents of, or operate out of, the Municipality
when selecting suppliers to submit Bids as part of an lnvitational Competitive
Process.
This effort is not intended to give preference in making an award but is to
provide Municipal suppliers a chance to participate in the Municipality's
procurement opportunities.
Advertisement
All Advertised Competitive Processes shall be advertised by way of tender
notice published on an approved tendering website designated by the
13.
13.1
13.2
14.
14.1
14.2
15.
15.1
15.2
15.3
16.
16.1
16.2
16.3
13
Municipality for this purpose. (CEIA, CFTA) (example Bidingo)
Tender notices may also be published on the Municipality's website and,
where deemed appropriate by the Department Head, in newspapers circulated
in the Municipality.
Publication of Tender Amounts and Gonfidentiality of Bidder lnformation
Promptly following the opening of Bids, the Municipality shall make public, on
the Municipality's tendering website, a summary of Bid amounts submitted in
response to RFT's.
Bid amounts submitted in response to RFP's shall not be public in order to
preserve the integrity of the Bid evaluation process.
Except as required by this policy, no person shall make public the prices paid
by, or quoted to, the municipality for Goods or Services unless permitted by
law or unless Council otherwise directs or approves.
Exceptional Circumstances in Bidding Process
No Gompliant Bids Received. When no compliant Bids are received in
response to a RFx, Bidders shall be notified, and the RFx shall be declared
terminated. Where time permits, in the opinion of the Department Head, the
RFx shall be issued with the appropriate revisions. Where time does not
permit, the Department Head may communicate to each Bidder who
previously submitted a Bid, identify the deficiencies that resulted in their Bid
being deemed non-compliant and provide Bidders that previously submitted
Bids the opportunity to submit a new Bid.
Two or More Bids are Equal. lf two or more Bids are tied for the best score,
the Bid with the lowest price shall be selected as the successful Bid. Where
everything is equal, including price, and the RFx document permits asking for
best and final offers, best and final offers will be solicited from each of these
suppliers in order to break the tie. lf the RFx does not allow for best and final
offers or this effort is unsuccessful, then a draw will be held to determine the
successful supplier.
One Compliant Bid Received. Where only one Bid has been received, the
Department Head may, if permitted by the terms of the RFx, notify the Bidder
that the process is terminated and, after termination of the process, proceed to
negotiate with the Bidder, provided that negotiated changes must not alter the
general nature of the Goods or Services specifications.
Successful Bid Over Budget. Where the successful Bid is in excess of
budgeted funds, the Department Head may seek Council's approval to
increase the budget or may terminate and issue a new RFx with a modified
specification.
16.4
I4
17.
17.1
17.2
17.3
Non-Com petitive Procurement (Exemptions)
A competitive procurement process should be used for procurements unless
the conditions are met for a Non-Competitive Purchase.
All Non-competitive contracts exceeding $10,000 must be approved by
council prior to award, unless resulting from an Emergency.
Exemptions. The Municipality may procure Goods or services by way of
Non-Competitive Purchase based on one of the following exemptions (each an
"Exemption"):
a) No compliant Bids Received. lf (i) no bids were submitted and no
suppliers requested participation; (ii) no Bids that confirm to the essential
requirements of the RFx documentation were submitted; (iii) no suppliers
satisfied the conditions for participation; or (iv) the submitted tenders were
collusive, provided that the requirements of the tender documentation are
not substantially modified; (OQTCA, CFTA, CETA)
b) only one supplier. lf the Goods or services can be suppried only by a
particular supplier and no reasonable alternative or substitute Goods or
Services 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 technicar reasons;
(OQTCA, CFTA, CETA) (iv) the supply of Goods or Services 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 warranty
or guarantee held in leased building or related property, or portions
thereof, that may be performed only by the lessor; (CFTA)
c) Additional Deliveries. For additional deliveries by the original supplier of
Goods or Services that were not included in the initial procurement, if a
change of supplier for such additional Goods or Services: (i) cannot be
made for economic or technical reasons such as requirements of
interchangeability or interoperabi I ity with existi ng eq u ipment, software,
Services, or installations procured under the initial procurement; and (ii)
would cause significant inconvenience or substantial duplication of costs
for the Municipality; (CFTA, CETA)
d) Gommodity Market Goods. For Goods purchased on a commodity
market such as electricity, postal services, postage, fuel, furnace oil;
(OQTCA, CFTA, CETA)
15
e) Prototypes. lf 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 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; (OQTCA, CFTA, CETA\
0 Exceptionally Advantageous Gonditions - Unusual Disposals. 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; (OQICA, CFTA, CETA)
g) Winner of Design Gontest. lf 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 this policy, in particular relating to the
publication of a tender notice; and (ii) the participants are judged by an
independent jury with a view to a design contract being awarded to a
winner; (OQTCA, CFTA, CETA)
h) Confidential or Privileged Goods or Services. lf Goods or Services
regarding matters of a confidential or privileged nature are to be
purchased and the disclosure of those matters through an open tendering
process could reasonably be expected to compromise government
confidentiality, result in the waiver of privilege, cause economic disruption,
or otherwise be contrary to the public interest; (CFTA)
i) Emergency. lf strictly necessary, and for reasons or urgency brought
about by events unforeseeable by the Municipality, the Goods or Services
could not be obtained in time using an open competitive process. An
"Emergency" is an exceptional situation that could include:
i) An imminent or actual danger to the life, health, or safety of any
person;
ii) An imminent or actual danger of injury to or destruction of real or
personal property;
iii)An imminent or actual unexpected interruption of a public service
essential to the community;
iv)An emergency as defined by the Emergency Management and Civil
Protection Act, R.S.O. 1990, c. E. 9 and the emergency plan
formulated thereunder by the Municipality; and
v) An imminent or actual spill of a pollutant as contemplated by Part X
(Spills) of the Environmental Protection Act.
18.
18.1
18.2
19.
19.1
19.2
20.
20.1
21.
21.1
21.2
1,6
Contract Award Notice
Where (a) an Advertised Competitive Process was undertaken on the
Municipality's designated tendering website; or (b) where a Contract with a
Contract Value above $100,000 was awarded on the basis of an Exemption,
the Municipality shall publish a Contract award notice on the tendering website
no later than seventy-two (72) days after the Contract award. ()FTA, 3ETA)
The Municipality may elect not to publish the award of Contract where the Non
Competitive Purchase was based on the Confidential or Privileged Goods or
Services Exemption. (CFTA, CETA)
Contract Management and Execution
Department Heads are responsible for ensuring all Contract requirements are
satisfied by the Contractor throughout the term, including ensuring bonds and
insurance certificates, workers safety and lnsurance Board (wslB), or any
specified license requirements, are received by the Municipality as required by
the Contract.
Selected Bidders may be required to submit additional documentation prior to
the execution of a contract, including but not limited to a Bond, Letter of Credit,
certified cheque, Money order, certificate of lnsurance, certificate of
clearance from wslB, Health and safety policy and/or project schedule.
Bidder Debriefing
The Municipality shall, on request by an unsuccessful Bidder, provide a
debriefing during which the Bidder will be provided the reasons why the
Municipality did not select their Bid. (CFTA, CETA, OQICA)
Bidder Gomplaint Resolution
Any supplier that wishes to challenge or is othenrvise aggrieved by a
procurement decision made by the Municipality, its staff or Council under this
policy is required to provide a written complaint in accordance with the
Municipality's Public Complaint Resolution Policy.
Any complaint must be in writing and shall include the following details:
a) A specific identification of the provision(s) or procedure that is alleged to
have been breached;
b) A specific description of each act alleged to have breached the process;
c) A precise statement of the relevant facts;
d) An identification of the issues to be resolved;
e) The supplier's argument and supporting documentation; and
f) The supplier's requested remedy.
22,
22.1
22.2
22.3
22.4
23.
23.1
23.2
23.3
24.
24.1
T7
Gooperative Purchasing
The Municipality may join one or more Buying Groups with Council's approval
Once Council has approved the Municipality's participating in a Buying Group,
in the absence of an existing Municipal Contract for the specific Goods or
Services, a Department Head may procure from a Buying Group contract or
participate in a procurement process administered by the Buying Group
without undergoing a competitive procurement process as required by this
policy. However, approvals to award the Contract, based on Contract Value,
must still be obtained prior to committing the Municipality to purchase any
Goods or Services.
When participating in a Buying Group procurement or when procuring from a
Buying Group contract, to the extent practicable, the Municipality shall ensure
that the procurement was carried out in a manner that is consistent with the
requirements of this policy. (CFTA)
The Municipality shall publish a notice of its participating with the Buying group
at least annually on the tendering website normally used by the Municipality.
The notice shall direct potential suppliers to the Buying Group tendering
website if it is different from the Municipality's tendering websile. (CFTA)
Unsolicited Proposals
lf an unsolicited proposal or solicitation is received from a potential supplier,
the unsolicited proposal should be forwarded to the appropriate Department
Head. The Department head shallfirst assess such proposals on the basis of
whether they align with the Municipality's strategic goals and objectives, do not
circumvent the Municipality's regular procurement processes, and the
proposal's scale and scope align with the requirement and funding ability of
the Municipality.
Only Department Heads and higher-level officials may engage in discussion
with potential suppliers on opportunities that exist in the market as part of
informing themselves of market changes and opportunities. Before engaging
in any such discussions, however, the supplier must always be advised that
any procurement or contract can only be initiated pursuant to the Municipality's
policies.
lf it is determined that there is legitimate need for the Goods or Services
offered by way of an unsolicited proposal, then the procurement process shall
be conducted in accordance with this Policy.
Bidder Eligibility
The Municipality may, subject to Council's prior approval, exclude a supplier,
refuse any Bid from a supplier on grounds such as (CFTA, CETA)
a) bankruptcy or insolvency;
18
b)
c
false declarations;
significant or persistent deficiencies in performance of any substantive
requirement or obligation under a prior contract;
finaljudgements in respect of serious crimes or other serious offences;
professional misconduct or acts or omissions that adversely reflect on the
commercial integrity of the supplier;
supplier conduct that has provided the Municipality with reasonable
grounds to believe it would not be in the best interest of the Municipality,
staff or the public to enter into a contract with the Bidder, including prior
abusive, threatening, intimidating or harassing conduct;
being engaged in a dispute or litigation with the supplier; and
failure to pay taxes.
d)
e)
D
s)
0
24.2
25.
25.1
25.2
25.3
For the purposes of this Part, a reference to a supplier shall also include: an
officer, a director, a majority or controlling shareholder, or a member of the
supplier, if a corporation; a partner of the supplier, if a partnership; any
corporation to which the supplier is an affiliate of a successor to, or an officer,
a director or a majority or controlling shareholder of such corporation; and any
person with whom the supplier is not at arm's length within the meaning of the
Income Tax Act (Canada).
Ethics and Conflicts of lnterest
Emplovees and others procurinq o
Employees shall not bid on Municipality RFx processes, act as a supplier to
the Municipality, or othenarise have a direct or indirect pecuniary or other
interest in any Contract unless the interest has been disclosed in advance to
the Department Head or high-level official, and the execution of the applicable
Contract has been approved by the Clerk.
Anyone involved in any aspect of a procurement process for the Municipality
must declare any actual, potential or apparent conflict of interest in a
procurement or potential Contract promptly upon discovery of such conflict.
Declarations must be made in writing to the Department Head or higher-level
official and must indicate the specific nature of the conflict. ln the event the
Municipality agrees there is a conflict of interest that cannot be avoided or
managed, the person shall be excluded from any involvement with the
procurement.
Each person involved in any aspect of procurement and contracting on behalf
of the Municipality must:
a) declare and avoid actual, potential or apparent conflicts of interest in
carrying out their duties;
b) obtain a maximum benefit for funds spent as agents for the Municipality;
19
c)
maintain and practice, to the highest degree possible, business ethics,
professional courtesy and competence in all transactions;
undertake all purchasing activities without positive or negative bias;
strive to obtain the maximum value for each dollar of expenditure;
reject any offer or favours, gifts, entertainment, meals, trips, gratuities,
loans or benefits of any kind, in either the pre-procurement phase or
during the procurement process regardless of value; and
protect suppliers' business and legal rights to confidentiality over pricing
information, trade secrets, and other proprietary information, subject to
applicable laws.
d)
e)
f)
25.4
25.5
25.6
25.7
s)
lndividual Council Members
To preserve the integrity of the procurement process, individual Council
members must:
a) remain at arm's length from staff and suppliers in the procurement
process;
b) should not receive or review any information or documents related to a
particular procurement during the procurement process and refrain from
either intervening or interfering in the procurement process, the evaluation
of Bids, selection of suppliers, or staff recommendations; and
c) consistently reject any offer of favours, gifts, entertainment, meals, trips,
gratuities, loans or benefits of any kind from suppliers or potential
suppliers in either the pre-procurement phase or during the procurement
process, regardless of the value.
Suppliers
No supplier may threaten, intimidate, harass or otherwise interfere with any
staff or public office holders or with an attempt by any other prospective
supplier to bid for a contract or to perform any contract awarded by the
Municipality.
No supplier or potential supplier shall offer gifts, favours, inducements of any
kind to Municipal staff or Council members, or otherwise attempt to influence
or interfere with staff and Council members' duties and responsibilities
concerning the procurement or management of the procurement process.
Prospective suppliers are prohibited from lobbying any member of Council,
staff and consultants during the period commencing at the time of issuing a
RFx and ending at the time of the award of the Contract.
A violation of the above prohibitions may result in the Bidder being declared
ineligible to participate in any ongoing or future Municipal procurements.
25.8
26.
26.1
20
Procurcment Policy Amendrnents
All changes to this policy and procedures require the approval of Council
except for changes of an administrative nature, such as the change in title of a
position.
1
27
SCHEDULE A - EXCLUDED CONTRACTS
Contracts for, or payment of, the expenses, Goods or Services listed below are not
subject to the competitive procurement or public contract award notice requirements in
this policy.
General Exclusions: The following are excluded procurements: (CFTA and
aligned with CETA)
a) Good or Services financed primarily from donations that require the
procurement to be conducted in a manner inconsistent with this policy
b) Procurements by the Municipality on behalf of an entity not covered by this
policy.
c) Procurements under a commercial agreement between the Municipality
which operates sporting or convention facilities and an entity not covered
by this policy that contains provisions inconsistent with this policy.
d) Acquisition of Goods for the purpose of commercial sale or re-sale by the
Municipality.
Excluded Professional Services: The following are excluded professional
services procurements: (CFIA and aligned with CETA)
a) Health or social services
b) Services that may, under applicable law, only be provided by licensed
lawyers or notaries;
c) Services of expert witnesses or factual witnesses used in court or legal
proceedings; and
d) Financial services respecting the management of government financial
assets and liabilities (i.e. treasury operations), including ancillary advisory
and information Services, whether or not delivered by a financial
institution.
3.
Non-Procurement Transactions: The following contracts and payments are
excluded:
a) lnsurance premiums however the purchase of insurance advisory services
is not excluded;
2.
b) Payments of debts; (CFTA, CETA)
4.
22
c) Procurement or acquisition of fiscal agency or depository services
(banking services): (CFTA, CETA)
d) Any form of financial assistance, such as grants, loans, equity infusions,
guarantees, and fiscal incentives; (CFTA, CETA)
e) Agreements with a government authority or agent of government;
f) Acquisition or rental of land, real property payments including land,
buildings, leasehold interests, easements, encroachments and licenses, or
the like; (CFTA, CETA)
g) Insurance claims, legal settlements and grievance settlements;
h) Binding orders, judgements or decisions of an arbitrator, tribunal or court;
i) Refundable travel expenses;
j) Other Municipality and employee retained expenses, such as:
memberships in professional organizations (professional dues), staff
attendance at seminars, testing or examination fees, workshops, courses,
training, trade shows or conferences.
Utilities Services
a)
b)
c)
d)
e)
Heat and hydro
Telephone
Postage
lnternet
Cable