HomeMy WebLinkAbout2024-052The Corporation of the Municipality of Clarington Procurement By-law
By-law 2024-052
Table of Contents
Part1 — Interpretation.............................................................................................................. 3
Definitions..............................................................................................................................
3
WordUsage...........................................................................................................................
7
SeverabiI ity.............................................................................................................................
7
References.............................................................................................................................
7
Applicationand Restrictions...................................................................................................
7
Part 2 — Responsibilities and Authorities...............................................................................
8
DepartmentHeads.................................................................................................................
8
ApprovalAuthority..................................................................................................................
8
SigningAuthority.....................................................................................................................
9
Part3 — Bid Types and Limits................................................................................................. 9
Low Value Acquisitions(LVA).................................................................................................
9
Medium Value Acquisitions(MVA)..........................................................................................
9
High Value Acquisitions (HVA)...............................................................................................
9
Requestfor Tender................................................................................................................10
Requestsfor Proposal...........................................................................................................10
RoutinePurchases................................................................................................................11
UnsolicitedProposals............................................................................................................11
Non -Competitive Process (Sole and Single Source Purchases) and Negotiations.................11
Emergency Purchases..........................................................................................................12
Product Demonstrations and Information...............................................................................12
Pre-qualification.....................................................................................................................13
Bondsand Deposits..............................................................................................................13
Changesto Bids under Call...................................................................................................14
Withdrawalof Bids.................................................................................................................14
AbsoluteRight.......................................................................................................................14
Approval Limits and Reporting................................................................................................14
Council Recess Procedures..................................................................................................15
Consulting and Professional Services (Excluding Schedule "A" Exemptions) ........................16
Procurement By-law No. 2024-052 Paae 2
Co-operative Purchasing.......................................................................................................16
Part 4 — General Purchasing Policies....................................................................................17
Defaultby Successful Bidder.................................................................................................17
Disqualification of Bidders.....................................................................................................17
Conflictof Interest.................................................................................................................18
Access and Disclosure..........................................................................................................18
Records Retention and Destruction.......................................................................................18
Complaints and Inquiries.......................................................................................................18
Lobbying................................................................................................................................19
PurchasingCards..................................................................................................................19
Disposalof Goods.................................................................................................................19
OverExpenditures.................................................................................................................19
SustainableProcurements.....................................................................................................20
Accessibility for Ontarians with Disabilities Act, 2005 (AODA)...............................................20
Part 5 — General Provisions....................................................................................................20
By-law Review.......................................................................................................................20
Repeal...................................................................................................................................20
EffectiveDate........................................................................................................................20
Schedule«A.............................................................................................................................21
Procurement By-law No. 2024-052
Paae 3
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The Corporation of the Municipality of Clarington
By-law 2024-052
Being a By-law to provide policies and procedures for the procurement of
goods and services.
Whereas pursuant to section 270 of the Municipal Act, 2001, the Municipality is
required to establish and maintain policies with respect to its procurement of goods and
services;
And Whereas the Municipality wishes to procure goods and services in the most
efficient and cost-effective manner possible; and
And Whereas the Municipality is committed to ensuring that its procurement policies
and procedures are fair, open and transparent.
Now therefore the Corporation of the Municipality of Clarington hereby enacts as follows:
Part 1 — Interpretation
Definitions
1) For the purpose of this by-law,
"Acquisition" means the purchase of a Good and/or Service for use on a permanent
or temporary basis;
"Bid" means a Quotation, Tender or Proposal;
"Bidder" is a Person who responds to a Bid Solicitation;
"Bid Solicitation" means a request by the Municipality for Bids for the provision of
Goods and/or Services through an RFP, RFQ, RFT or other request permitted by
the terms of this by-law;
"CAO" means the Chief Administrative Officer of the Municipality or a designate;
"Clerk" means the Municipal Clerk of the Municipality or a designate;
"Committee" means the General Government Committee of Council;
Procurement By-law No. 2024-052
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"Consulting and Professional Services" means services provided by architects,
engineers, designers, environmental consultants, surveyors, management and
financial consultants, bankers, auditors, brokers, soil consultants, web designers or
any other consultant or professional, but does not include any consulting and
professional services referred to in Schedule "A";
"Contract" means any form of binding agreement between the Municipality and the
Contractor;
"Contractor" means any legal entity to whom a Contract is awarded;
"Co-operative Purchasing" means the participation of the Municipality with one or
more public agencies, school boards, vendors of record (Provincial), hospitals,
not -for -profit agencies or group procurement organizations in a Bid Solicitation;
"Council" means the Council of the Municipality;
"Department" means a Department of the Municipality identified on the annual
organization charts and reflected in the prevailing budget;
"Department Head" means the Deputy CAO of the Department or a designate;
"Emergency" means a situation or the threat of an impending situation which, in the
opinion of the CAO or a Department Head, requires an immediate Acquisition to
prevent serious delays, damage to a basic service, risk to health and safety,
financial loss or to maintain or restore a basic service provided by the Municipality;
"Expression of Interest" or "EOI" means general market research used prior to a
Bid Solicitation to determine if there is an interest in a proposed Acquisition;
"Goods and/or Services" means any goods and/or services required by the
Municipality other than goods and/or services listed in Schedule "A";
"High Value Acquisition" or "HVA" means an Acquisition with a Total Cost of more
than $100,000;
"Local Board" means a local board (as that term is defined in the Municipal Act,
2001) of the Municipality;
"Low Value Acquisition" or "LVA" means an Acquisition with a Total Cost of $10,000
or less without the need to issue a Bid Solicitation;
"Manager of Procurement" means the Manager of Procurement for the Municipality
or a designate;
"Medium Value Acquisition" or "MVA" means an Acquisition with a Total Cost of
more than $10,000 and which does not exceed $100,000;
Procurement By-law No. 2024-052 Paae 5
"Municipality" means The Corporation of the Municipality of Clarington;
"Person" includes an individual, association, firm, partnership, corporation, union,
trust, organization, trustee or agent, and their heirs, executors, administrators,
successors and assigns;
"Personal Purchase" means a purchase of Goods and/or Services requested by an
elected official, an appointed official or by any other employee of the Municipality
that is not required for the purposes of the Municipality or a Local Board;
"Pre -qualification" means a procedure whereby a prospective Bidder satisfies the
Municipality that it is capable of supplying a particular Good and/or Service as a
condition of being allowed to submit a Bid;
"Proposal" means an offer from a Bidder made in response to an RFP;
"Purchase Order" means a Contract or a written acceptance of a Proposal, issued
on forms prescribed by the Manager of Procurement;
"Purchasing Card" means a credit card issued by the Manager of Procurement in
accordance with the Purchasing Card Policy;
"Quotation" means an offer from a Bidder made in response to an RFQ;
"Regional Bid" means a Bid submitted by a Bidder who owns a business within the
Regional Municipality of Durham;
"Request for Information" or "RFI" means a request used as general market
research tool to determine the availability of Goods and/or Services that will meet
business or operational requirements and Procurement strategies and/or to
estimate costs for the purpose of developing a Bid solicitation;
"Request for Pre -qualification" or "RFPQ" means a request with specific
qualification criteria used to identify and pre -select qualified Bidders for participation
in multistep procurement processes;
"Request for Proposal" or "RFP" means a form of Bid Solicitation in which the
Municipality invites one or more potential suppliers to submit proposals with respect
to the supply of particular Goods and/or Services, which the Manager of
Procurement in consultation with the Department Head, determines may be
dependent upon non -price factors and may require negotiations between a Bidder
and the Municipality before a Contract is made between them;
"Request for Quotation" or "RFQ" means a form of Bid Solicitation in which the
Municipality requests either informal quotations or formal quotations;
Procurement By-law No. 2024-052 Page 6
"Request for Tender" or "RFT" means a form of Bid Solicitation in which the
Municipality publishes the specifications, terms, conditions and details concerning a
proposed Contract, and invites or advertises prospective Bidders to submit
Tenders;
"Responsive and Responsible Bidder" means a Person responding to a Bid
Solicitation who complies with its provisions and who can reasonably be expected
to provide satisfactory performance of a proposed Contract based on reputation,
references, performance on previous contracts, and proof of sufficient financial and
other resources;
"Roster" means a prequalified list of Persons that may respond to Bid
Solicitations and/or may be invited to compete for discrete work assignments, as
and when required;
"Single Source Purchase" means a non-competitive purchase where there are
other suppliers of the product or service available, however, for reasons such as
emergency, proprietary, matching existing equipment, health and safety concerns,
time constraints, or other reasons, the purchase is sourced to a specific vendor;
"Sole Source Purchase" means a non-competitive purchase where there is only
one supplier of the product or services and as a result a competitive quotation
process is not possible;
"Tender" means an offer received from a Bidder in response to an RFT;
"Term Order" means a contract which states a fixed length of time during which
the contract will be in effect;
"Total Cost" means the cost of acquisition for the full term of a contract excluding
the Harmonized Sales Tax, and in the case of a contract containing renewal
provisions, means the total cost to the Municipality for the initial term and potential
renewal terms, including all applicable fees, charges, disbursements and any price
escalations identified in the contract;
"Total Revenue" means, where revenue is payable to the Municipality under a
contract, the total revenue payable during the full term of the contract, excluding the
Harmonized Sales Tax, and, in the case of a contract containing renewal
provisions, means the total revenue payable to the Municipality for the initial term
and all potential renewal terms;
"Treasurer" means the Deputy CAO/Treasurer of the Municipality or a designate;
"Unsolicited Proposal" means proposals received by the Municipality from a Person
who have approached the Municipality with a proposal that has not been requested
through a Bid Solicitation.
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and
"Weighted Evaluation Criteria" means criteria that are taken into account when
evaluating Proposals including qualitative, technical and pricing considerations.
Word Usage
2) This by-law shall be read with all changes in gender or number as the context may
require.
3) A grammatical variation of a defined word or expression has a corresponding
meaning.
Severability
4) Should any section or part of this by-law be held by a Court of competent
jurisdiction to be invalid, the remainder of this by-law shall not be affected.
References
5) In this by-law, a reference to any Act, By-law or Policy is a reference to that Act,
By-law or Policy as it is amended or re-enacted from time to time.
6) Schedule "A" (Exempt Goods and/or Services) is attached to and forms part of this
by-law.
7) All references to dollar figures are Canadian dollars.
8) Unless otherwise specified, a reference in this by-law to a clause, section or
Schedule is a reference to a clause, section or Schedule in this by-law.
Application and Restrictions
9) The procurement procedures set out in this by-law shall apply to all Acquisitions
made by or on behalf of the Municipality except as may be expressly exempted or
restricted under this by-law.
10) This by-law shall not apply to the Acquisition of any Goods and/or Services listed in
Schedule "A".
11) Where a proposed contract provides for the Municipality to receive revenue from
the supplier, or where the proposed contract includes both revenue and costs,
the procedures and authority limits set out in this by-law which are applicable to
the Total Cost of the Contract shall be construed as applicable, with necessary
changes, to the total revenue payable or the combined total of revenue payable
and Total Costs under the Contract.
Procurement By-law No. 2024-052 Page 8
12) This by-law shall be read and interpreted in conjunction with its Schedules, and all
applicable written policies, management directives and procurement procedures.
13) In any case where another Municipality policy, directive or procedure is perceived
to limit or contravene the requirements of this by-law, the language of this by-law
shall govern. Where an applicable trade agreement conflicts with this by-law, the
trade agreement shall prevail.
Part 2 — Responsibilities and Authorities
Department Heads
14) Each Department Head shall have responsibility for the Acquisition of Goods
and/or Services for their Department(s) in accordance with the terms of this by-
law.
Manager of Procurement
15) The Manager of Procurement shall have the authority to act as an agent of the
Municipality for the purpose of acquiring all Goods and/or Services required by
the Municipality.
16) The Manager of Procurement is authorized to develop management directives
and standard operating procedures to support this by-law.
17) The Manager of Procurement shall determine the method of Acquisition having
regard to the nature, importance or urgency associated with the purchase
requisition, subject to the general trade practice, market conditions and the
provisions of this by-law.
Approval Authority
18) No employee of the Municipality shall have the authority to make or approve an
Acquisition or award a Contract for any Goods and/or Service unless funds for
such Acquisition have been allocated in a budget approved by Council. If a
recommended Bid is in excess of an approved budget limit but within the
approval limits of this by-law, the Treasurer, after consultation with the
Department Head, must approve the source of additional funding.
19) Contracts shall not be split so as to circumvent the established method of purchase
or the approval limits imposed by this by-law unless, in the opinion of the Manager
of Procurement, after consultation with the Department Head, it is deemed
advantageous to acquire components of a major project through separate
Contracts.
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Signing Authority
20) Authority to make or approve an Acquisition or award a Contract for any Goods
and/or Service includes the power to sign all documents necessary to effect the
Acquisition or any amendment, assignment or interim extension of the Contract.
Where a Department Head or the CAO has the authority to sign a Contract, the
Manager of Procurement may sign on their behalf.
Part 3 — Bid Types and Limits
Low Value Acquisitions (LVA)
21) Department Heads shall have authority to purchase Low Value Acquisitions as
required at the lowest available Total Cost meeting specifications and do not
require the submission of a Purchase Order (unless one is required by the vendor);
22) If a term order or another form of Contract is established for the Goods and/or
Service to be acquired, then the Department must purchase from the Contract
vendor.
23) Computers, software, computer accessories and cell phones must be ordered in
coordination with IT Services, using a Purchase Order.
24) Office furniture must be ordered in consultation with Procurement Services, using a
Purchase Order.
Medium Value Acquisitions (MVA)
25) The Manager of Procurement shall have the authority to purchase Medium Value
Acquisitions at the lowest available Total Cost meeting specification, provided a
minimum of three quotations have been received where they are reasonably
required and possible to obtain.
High Value Acquisitions (HVA)
26) The CAO shall have the authority to purchase High Value Acquisitions. Subject
to sections 27 to 42, High Value Acquisitions must be publicly advertised. The
methods for requesting Bids include, but are not limited to:
(a) Request for Expression of Interest (EOI);
(b) Request for Information;
(c) Request for Pre -qualification;
(d) Request for Proposal;
(e) Request for Tender;
Procurement By-law No. 2024-052 Paae 10
(f) A multi -step process which may involve a combination of the above.
Request for Tender
27) All Request for Tenders will be called, opened and awarded in accordance with
this by-law and established management directives and standard operating
procedures.
28) The Request for Tender shall be publicly advertised or issued to vendors on a
prequalified list.
29) The Request for Tender will be issued by Procurement Services. Bids will be
received electronically, opened and results posted publicly on the Municipality's
bidding website.
30) Where the tender meeting specifications and offering the lowest Total Cost is
acceptable, an award shall be made in accordance with section 65.
Requests for Proposal
31) Irrespective of the anticipated Total Cost, where the Manager of Procurement in
consultation with the Department Head determines that a proposed Acquisition
involves unique or complicated circumstances, the Acquisition may be made
through the use of an RFP.
32) All RFPs will be called, opened and awarded in accordance with this by-law and
established procedures.
33) The Request for Proposal may be publicly advertised or issued to vendors on a
prequalified list.
34) The Request for Proposal will be issued by Procurement Services. Bids will be
received electronically, opened and results posted publicly on the Municipality's
bidding website.
35) The RFP submission process consists of an electronic two -envelope system: one
digital file contains the technical proposal, and the second contains the financial
proposal.
36) In an RFP evaluation, the technical proposal is assessed against weighted criteria.
The financial proposal is reviewed only if the bidder qualifies based on the technical
evaluation.
37) RFPs may be called by public advertisement or invitation to specific Bidders for Low
Value Acquisitions and Medium Value Acquisitions. All High Value Acquisitions
shall be publicly advertised.
Procurement By-law No. 2024-052 Page 11
38) All RFPs shall be submitted in the prescribed manner and delivered to the Manager
of Procurement in accordance with the bid documents.
Routine Purchases
39) Where, in the opinion of the Manager of Procurement in consultation with the
Department Head, a proposed Acquisition is of a routine and repetitive nature, the
Manager of Procurement may combine similar purchases and follow the process
outlined in this by-law for an Acquisition with a Total Cost of the sum of the Total
Costs of the Acquisitions so combined.
Unsolicited Proposals
40) Unsolicited Proposals received by the Municipality shall be reviewed by the
Department Head and Manager of Procurement. Any procurement resulting from
the receipt of an Unsolicited Proposal shall comply with the provisions of this by-
law.
Non -Competitive Process (Sole and Single Source Purchases) and Negotiations
41) All Non -Competitive purchases exceeding the Low Value Acquisition threshold
must be assessed by the Manager of Procurement prior to any negotiations or
discussions with the Person;
42) In place of a Bid Solicitation, Goods and/or Services may be purchased through
negotiation as Single Source or Sole Source purchases where, in the opinion of
the Manager of Procurement in consultation with the Department Head that one or
more of the following conditions apply and a process of negotiation is undertaken
to obtain the best value in the circumstances for the Municipality:
(a) Sole Source:
(1) Scarcity of supply in the market;
(2) A statutory or market -based monopoly; or
(3) Existence of exclusive rights (patents, copyright or licenses).
(b) Single Source:
(1) The sources of supply are restricted to the extent that there is no effective
price competition:
(i) for which there is no reasonable substitute or competitive product;
or
(ii) for which compatibility with an existing product/service is the
overriding consideration.
Procurement By-law No. 2024-052 Paae 12
(2) The purchase involves specialized preassembled goods;
(3) The Bid from the lowest Responsive and Responsible Bidder substantially
exceeds the estimated Cost;
(4) No Bid from a Responsive and Responsible Bidder is received, and it is
impractical to issue another Bid Solicitation;
(5) The extension or reinstatement of an existing Contract would prove most
cost-effective or beneficial to the Corporation;
(6) The terms and conditions of a Proposal provide for negotiation with the
selected Bidder; or
(7) Council has specifically authorized an Acquisition through negotiation.
43) In the case of a Contract for a construction project, negotiations shall be
conducted in accordance with the Canadian Construction Documents Committee
(CCDC) Document 23 published by the Canadian Construction Association where
expressly required by the provisions of an RFT.
44) All Single Source and Sole Source Acquisitions shall be confirmed through a
Purchase Order and shall be reported to Council through a report prepared jointly
by the Department Head and the Manager of Procurement if the Total Cost
exceeds $500,000 or an approved budget limit.
Emergency Purchases
45) In the case of an Emergency, an Acquisition may be authorized without issuing a
Bid Solicitation.
46) Emergency Acquisitions shall be made by the Manager of Procurement in
consultation with the Department Head. In the absence of the Manager of
Procurement, Emergency Acquisitions may be made by a Department Head.
47) All Emergency Acquisitions with a Total Cost over the Low Value Acquisition limit
shall be confirmed through a Purchase Order and shall be reported to Council
through a report prepared jointly by the Department Head and the Manager of
Procurement if the Total Cost exceeds $500,000 or an approved budget limit.
Product Demonstrations and Information
48) No requests for prices or demonstrations for approved projects or programs above
the Low Value Acquisition limit shall be made without prior consultation with the
Manager of Procurement.
49) Requests on behalf of the Municipality may be made by Department Heads for
informal non -binding product and technical information, catalogues and price lists
for Low Value Acquisition and Medium Value Acquisition. Each Department Head
shall provide the Manager of Procurement with such data, specification details and
Procurement By-law No. 2024-052 Paae 13
information relating to a proposed Medium Value Acquisition, including the
Municipality's approved budget prices.
Pre -qualification
50) The Manager of Procurement may issue a request for Pre -qualification for the
purpose of selecting qualified Persons to respond to a Bid Solicitation
51) The Manager of Procurement may also issue a request for Pre -qualification for the
purpose of establishing a roster of qualified Persons that may respond to a Bid
Solicitation and/or may be invited to compete for discrete work assignments, as
and when required;
52) Requests for Pre -qualification must be publicly posted to solicit responses from all
interested Persons;
53) The Pre -qualification of Persons shall not create any contractual obligation
between the Municipality and the pre -qualified Persons. The Municipality is not
required to proceed with any further procurement process following a Request for
Pre -qualification;
54) If, in the opinion of the Manager of Procurement, Pre -qualification is required, the
Contract, if awarded at all, must be awarded to the lowest Responsive and
Responsible Bidder for RFTs, and to the highest scoring Responsive and
Responsible Bidder for RFPs, who has been pre -qualified for a competitive roster,
and in accordance with the Bid Solicitation for rotational rosters.
Bonds and Deposits
55) All Bid deposits shall be submitted in accordance with the Bid Solicitation;
56) When the deposit of a performance bond and/or labour and material payment
bond is a requirement of a Bid Solicitation, such bonds shall be,
(a) in the amounts specified in the Bid Solicitation;
(b) issued by a licensed surety company authorized to carry on business in
Ontario;
(c) in a form approved by the Municipality; and
(d) delivered by the Bidder to the Manager of Procurement prior to execution of
the Contract.
57) Following the Award of a Contract, all deposits shall be returned to the
unsuccessful Bidders in accordance with the Bid Solicitation. Retained Bid
Procurement By-law No. 2024-052
Paae 14
deposits shall be held until the Contract is executed by the Municipality, unless
otherwise determined by the Manager of Procurement.
58) Following the cancellation of a Bid Solicitation, all deposits shall be returned to the
Bidders in accordance with the Bid Solicitation.
59) If a successful Bidder fails to enter into a Contract, the Bid deposit may be forfeited
to the Municipality at the sole discretion of the Municipality. If a Bid bond is
deposited, it may be called by the Treasurer and the amount of money thereby
obtained shall be forfeited to the Municipality.
Changes to Bids under Call
60) Interpretations of, or qualifications or changes to, a Bid Solicitation shall be made
in the form of a written addendum. Addenda shall be necessary to revise, delete,
substitute or add to a Bid under call. The Manager of Procurement shall approve
the issuance of any addendum or the cancellation of a Bid Solicitation.
61) A copy of each addendum or a notice of posting of each addendum shall be
forwarded to registered Bidders by electronic means and posted on the
Municipality's website.
62) The Manager of Procurement in consultation with the Department Head and
Municipal Solicitor shall have the authority to cancel a Bid Solicitation either before
or after Bids are opened in accordance with the Bid opening procedures.
Withdrawal of Bids
63) A Bid can only be withdrawn prior to the close of Bids, as stipulated in the Bid
Solicitation. Requests to withdraw received following the close of Bids shall not be
accepted.
Absolute Right
64) The Municipality shall have absolute discretion in the Award of Contracts and
retains the right to reject any or all Bids, or to Award to a Bid other than the lowest
Bid or highest ranking Bid if in the best interest of the Municipality.
Approval Limits and Reporting
65) For Acquisitions of Goods and/or Services excluding Consulting and Professional
Services:
(a) For Medium Value Acquisitions, the Manager of Procurement shall submit to
the Department Head a recommendation for the Department Head's approval.
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(b) For High Value Acquisitions, after consulting with the Department Head, the
Manager of Procurement shall prepare a report to the CAO for approval if the
Total Cost of the Goods and/or Services:
(1) Was obtained through a competitive procurement process in accordance
with this by-law;
(2) Does not exceed 10% of the approved budget amount up to $250,000;
(3) Recommendation to award to the lowest Responsible and Responsive
Bidder meeting specifications for quotations and tenders;
(4) Is awarded to the Person submitting a proposal with the highest overall
score.
66) A summary report to Committee for information relating to awards made for
acquisitions with a total cost exceeding $500,000 and awarded under section 65
shall be prepared and submitted to the Committee on a semi-annual basis.
67) Council approval is required if:
(a) Competitive procurements do not meet the requirements of section 65;
(b) Council approval is required by statue or by a third party such as a funding
agency;
(c) The CAO recommends that Council approval be sought;
(d) Any recommended award for High Value Acquisitions is not to the lowest
Responsive and Responsible Bidder or highest scoring Bidder meeting
specifications; or
(e) Where otherwise specifically required by this by-law.
Council Recess Procedures
68) Notwithstanding section 67, where a matter which would have otherwise been
submitted to Committee requires approval during any of Council's recesses,
including elections, the CAO shall be authorized to award the Contract if the
Treasurer is of the opinion that the price is reasonably reflective of the approved
budget allocation and/or is part of the normal operating responsibility of the
Department.
69) The Manager of Procurement shall report all Contracts awarded under section 68
to Committee as soon as possible after the conclusion of the recess.
70) Council shall not vary any action or decision of the Contract awards made in
accordance with section 68.
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Consulting and Professional Services (Excluding Schedule "A" Exemptions)
71) Where it is estimated that the Cost of Consulting and Professional Services will be
less than or equal to $25,000, the Department must notify the Manager of
Procurement and may obtain the services directly without issuing a Bid
Solicitation.
72) Where it is estimated that the Total Cost of Consulting and Professional Services
will be more than $25,000, the Manager of Procurement shall issue a Bid
Solicitation in compliance with this by-law and prepare a report to the CAO for
approval.
73) Where it is estimated that the Total Cost of Consulting and Professional Services
will be more than $100,000, the Manager of Procurement shall issue a Bid
Solicitation, in consultation with the Department Head and shall submit a report to
Council providing a recommendation for award.
74) Where a roster has been established for Consulting and Professional Services, in
compliance with this by-law, Council approval to award a contract under the roster
shall only be required for awards in excess of the threshold set out by the Canada
Free Trade Agreement (CFTA).
75) An external consultant who has entered into a Contract for Consulting and
Professional Services for a particular phase of a project, may be deemed to have a
conflict of interest and be disqualified from submitting a Bid on a later phase of
consulting services for the same project. Any issue as to whether there is a conflict
of interest shall be determined by the Manager of Procurement in consultation with
the Department Head. This section shall not apply where a consultant has been
requested to provide a budget estimate or general review and estimate for a
potential Acquisition.
76) Any consultant authorized to issue a Bid Solicitation on behalf of the Municipality
shall comply with this by-law.
Co-operative Purchasing
77) Co-operative Purchasing shall be utilized when advantageous and practical, where
it is in the best interest of the Municipality to do so.
78) The decision to participate in Co-operative Purchasing agreements will be made
jointly by the Manager of Procurement and the responsible operating Department.
79) In the event of any conflict, the procurement by-law and procurement practices of
the Municipality, school board, hospital, non-profit agency or group procurement
organization issuing the co-operative Bid shall take precedence over the
provisions of this by-law.
Procurement By-law No. 2024-052 Paae 17
Part 4 — General Purchasing Policies
Default by Successful Bidder
80) If a successful Bidder fails to execute the Contract or fails to meet any of the
requirements of the Contract within the prescribed time, the Contract may be
awarded to the next lowest Bidder or highest ranked Bidder or cancelled.
81) If a successful Bidder defaults on an awarded Contract, the Manager of
Procurement is authorized to take remedial action including termination of the
Contract and all necessary steps to ensure completion of the project or continued
service/supply which includes but not limited to, amending and approving
assignments, and extending on an interim basis.
82) Should the Manager of Procurement determine that termination of the awarded
Contract is the appropriate action in accordance with 81, the Department Head
shall be advised of the termination in writing.
Disqualification of Bidders
83) The Manager of Procurement in consultation with the Department Head and
Municipal Solicitor shall have the authority to not accept a Bid from any Bidder
and/or award a Contract to any Bidder where one of the following circumstances
has occurred within the last five years:
(a) The Bidder is or has been involved in litigation with the Municipality, its elected
officials or employees;
(b) The Bidder has failed to pay an amount owed to the Municipality when due and
owing;
(c) There is documented evidence of poor performance, non-performance or
default by the Bidder in respect to any Contract issued by the Municipality, and
the Bidder has been made aware of such performance issues;
(d) The Bidder has withdrawn its Bid on a previous Bid Solicitation after Bids have
been opened by the Municipality;
(e) The Bidder has demonstrated abusive or threatening conduct towards the
Municipality's elected officials or employees, their agents and representatives;
(f) The Bidder has been convicted of any criminal offence pursuant to applicable
legislation or regulations including the Occupational Health and Safety Act, as
amended, where circumstances of that conviction demonstrated a disregard for
the safety of tis workers, the Municipality's employees or the general public; or
Procurement By-law No. 2024-052 Page 18
(g) The Bidder has been criminally charged or committed dishonest conduct, and in
the opinion of the Manager of Procurement and the Municipal Solicitor, the
Award of the Contract is likely to expose the Municipality to legal, financial or
reputational risk.
Conflict of Interest
84) The participation of members of Council and employees of the Municipality in the
procurement process shall be governed by, in the case of members of Council, the
Council Code of Conduct and the Municipal Conflict of Interest Act, R.S.O. 1990,
c.M.50 as amended and, in the case of employees, by the Code of Ethics Policy
E1.
85) No employee or Council member shall benefit directly or indirectly from affiliation
with the Municipality or show any favouritism to any Person in the procurement of
any Goods and/or Services.
86) No Person shall offer incentives to any employee of the Municipality or member of
Council.
87) No Personal Purchases shall be made by the Municipality for any member of
Council, member of a Local Board, or employees of the Municipality.
Access and Disclosure
88) No employee of the Municipality or any member of Council shall have access to or
disclose any details regarding Bids except as permitted by this by-law and the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990,
c.M.56 as amended.
89) In the case of a Bid submitted in response to an RFP, only the total Bid amount for
the successful Bid shall be provided and only upon written request of any Person
after completion of negotiations and Award of the Contract.
Records Retention and Destruction
90) Bid documents and related material shall be retained in accordance with the
Municipality's Records Retention Schedule, as amended.
Complaints and Inquiries
91) Bidders and potential Bidders shall only communicate with Procurement Services
about Bid Solicitations, including making any inquiries or complaints. Bidders and
potential Bidders shall not communicate with an elected official, the CAO, a
Department Head or any member of staff about Bid Solicitations without the
consent of Procurement Services.
Procurement By-law No. 2024-052 Page 19
92) All Bidder or potential Bidder complaints or inquiries addressed to an elected
official, the CAO, a Department Head or any member of staff shall be referred to
Procurement Services.
Lobbying
93) All prospective Bidders are prohibited from lobbying any member of Council,
Municipal staff and consultants, appointed members and any staff of any Board
during the period commencing at the time of issuing a Bid Solicitation and ending
at the time of the Award of the Contract. The Municipality may reject any Bid by a
Bidder that engages in such lobbying, without further consideration, and may
terminate that Bidder's right to continue in the Bid Solicitation process, and may be
grounds for disqualification from future Bid Solicitations.
Purchasing Cards
94) Purchasing Cards may be used for all purchases as defined by the Treasurer,
where the Goods and/or Services do not fall under the requirements of this by-law.
Purchasing Cards are issued on an as needed basis upon approval of the
Manager of Procurement and at the request of the Department Head. The
Manager of Procurement shall be responsible for the program as defined by the
Treasurer.
Disposal of Goods
95) The disposal of surplus or obsolete goods of the Municipality shall be the
responsibility of the Manager of Procurement. At least once each calendar year,
Department Heads shall provide the Manager of Procurement with a list of such
goods. The Manager of Procurement may periodically circulate a list of surplus or
obsolete goods to all Departments and Local Boards.
96) Surplus or obsolete goods must be offered to the Departments first.
97) The Manager of Procurement, in consultation with the appropriate Department
Head, shall determine the appropriate method of disposal including sale, RFT,
RFP, auction, or gratuitous transfer to a Local Board, other municipality, school
board, charity or not for profit organization.
98) No Municipal employee, officer or elected official will personally obtain any surplus
or obsolete goods unless it is obtained through a public process.
Over Expenditures
99) Subsequent to a Contract Award, the approval of any over expenditure shall be in
accordance with the Municipality's Financial Control Policy (CP-014) or
subsequently adopted policy for financial controls.
Procurement Bvdaw No. 2024-052
Sustainable Procurements
Page 20
100) In keeping with the Municipality's strategic priority of sustainability and climate
change, acquisitions shall ensure that, wherever reasonably possible,
specifications shall provide for expanded use of durable products, reusable and/or
recyclable products and products (including those used in services) that minimize
negative impacts on the environment without significantly affecting the intended
use of the product or service. It is recognized that analysis of total lifecycle cost is
required in order to ensure that the products are made available at competitive
prices.
Accessibility for Ontarians with Disabilities Act, 2005 (AODA)
101) When procuring Goods and/or Services, the Municipality shall incorporate
accessibility design criteria and features, except where it is not practicable to do
so. Where applicable, procurement documents shall specify the desired
accessibility criteria to be met and provide guidelines for the evaluation of the
proposals respecting those criteria.
Part 5 —General Provisions
By-law Review
102) The Manager of Procurement in consultation with appropriate staff shall conduct a
detailed review of this by-law no less frequently than every five years.
Repeal
103) By-law #2021-077 is hereby repealed.
Effective Date
104) This by-law shall take effect on the date that it is passed by Council.
Passed in Open Council this 18t" day November, 2024.
,�drian Foster, PJlayor
unicipal Clerk
Written approval of this by-law was given by Mayoral Decision MDE-2024-009 dated
November 18, 2024.
Procurement By-law No. 2024-052
Paae 21
Schedule "A"
EXEMPT GOODS AND SERVICES
1. Petty Cash Items
2. Training and Education
a.
Conferences
b.
Courses
C.
Conventions
d.
Magazines
e.
Memberships
f.
Periodicals
g.
Seminars
h.
Staff Development
i.
Staff Workshops
j.
Staff Reports
k.
Subscriptions
I.
Trainers (Includes Workshop & Seminars)
3. Refundable Employee Expenses
a. Advances
b. Meal Allowances
C. Miscellaneous
d. Travel Expenses
e. Entertainment Expenses
4. Employer's General Expenses
a.
Payroll Deduction Remittances
b.
Medicals
C.
Licenses (Vehicles, Software, Communications, etc.)
d.
Debenture Payments
e.
Insurance
f.
Grants and Agencies
g.
Damage Claims
h.
Petty Cash Replenishment
i.
Land & Building Lease Payments Made by Municipality
j.
Tax Remittances
k.
Sinking Fund Payments
I.
Newspaper Advertising and Public Notices
M.
Day Camp or Other Similar Admission Fees
n.
Software or Equipment Maintenance Agreements
5. Certain Professional and other Services
a.
Committee Fees
b.
Counselling Services
C.
Laboratory Services
Procurement By-law No. 2024-052
Paae 22
d. Nursing Services
e. Physician Fees
f. Temporary Help
g. Banking Services
h. Legal Services
i. Newspaper, Radio, TV Advertising
j. Policing
k. Red Cross Supplies
I. Web Design Usage Fee & Penalties
M. Payroll Fees
n. Employee Assistance Programs
6. Utilities (including Hedging Agreements in accordance with the Hedging Policy as
may be amended from time to time)
a. Postage
b. Water
C. Hydro
d. Gas (Including Hedging Agreements)
e. Telephones — Excluding Cellular
f. Telecommunications Infrastructure
7. The acquisition or disposition of all interests in real property, including personal
rights in real property, and all consulting and professional services relating to
personal rights or interests in real property.
8. Contracts with Canadian National and Canadian Pacific Railways for Goods and/or
Services
9. Contracts with Provincial and/or Federal Government Agencies or Crown
Corporations for Goods and/or Services
10. Contracts with the Regional Municipality of Durham or other municipalities located
within the Regional Municipality of Durham for Goods and/or Services
11. Election related technology and equipment, and any consulting and support
services directly related to such technology and equipment.