HomeMy WebLinkAboutTR-36-82 WSppM KM7WlFDGE p / `" ( l d (b)
CORPORATION OF THE TOWN OF NEWCASTLE
q 40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
T LiC3A6 TELEPHONE 623-3379
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING HELD
ON JULY 12, 1982.
TR-36-82
SUBJECT: PURCHASING BY-LAW
RECOMMENDATION:
It is respectfully recommended that:
1 . This report be received; and f
2. That the attached By-Law�'in respect to the Purchasing &
Tendering Policies" be forwarded to Council for approval ; and
3. That the attached " Purchasing Procedures Manual" be endorsed
as the guide for purchasing within the Town of Newcastle.
BACKGROUND AND COMMENTS:
Several meetings conducted with staff and a recent informal meeting with
Council members permitted all the concerns expressed to be considered in the
preparation of the By-Law.
As a result of these meetings the "by-law for purchasing" and
the supplementary "procedures manual " have been prepared to provide
the centralized purchasing function within the Town which will support
all departments from a procurment prespective. The procedures manual may
be subject to changes as the system comes in force and full operation.
Respectfully submitted,
/ Kathryn . Campbell , C.A. , B.Com. ,
Treasurer.
KAC:DMH:gf V
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PURCHASING PROCEDURES MANUAL
PURPOSE
The " Purchasing Procedures Manual " is provided as a publication to
identify the process activity required for the purchasing of goods
and services within the administration . The manual is a vehicle
to inform each department of the purchasing process and its responsi -
bility in the process with the objective of achieving efficiency and
value .
Benefits of the manual can be summarized as follows :
- facilitate purchasing process
- implements the purchasing policies of Council
- formalizes purchasing procedures
- clarifies relationships with other functions
- serves as a training aid for new staff
f - guides all personnel in the Town involved in the requisitioning
of goods and services
- promotes vendor understanding of the Town ' s purchasing policies
and procedures .
- interpretation for isolated incidents which occur from time
to time
- provision for principles and ethical standards .
PRINCIPLES , STANDARDS & ETHICS
The provision of the following practices are established to setforth
the appropriate behavior required by all individuals associated with
administering activities , specifically , in the area of the procurement
of goods and services , within the Town of Newcastle .
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1 ) To consider , the interests of the Town in all transactions and to
carry out and support all established policies .
2 ) To purchase , without prejudice , seeking to obtain the maximum
ultimate value for each dollar of expenditure recognizing that
value represents that combination of price , quality and service .
3 ) To be governed by the highest ideals of truth , honour , integrity , and
morality in all public and personal relations to earn the respect
merited and inspire public and personal confidence .
4) Sustain objectivity , without discrimination , on the basis of
principle and justice .
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PURCHASING PROCEDURES MANUAL -- cont ' d
PRINCIPLES , STANDARDS AND ETHICS
5 ) To maintain and preserve relations to all legitimate private
and public enterprises .
6) To denounce and decline all forms of bribery , gifts , gratuities
and favours , of any sort , to insure that all relationships are
above reproach at all times .
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PURCHASING PROCEDURES MANUAL
PURCHASING FORMS & PROCEDURES
PURCHASE REQUISITION
"Purchase Requisition " forms are to be completed and submitted to
the Purchasing Agent to procure goods/services as required by the
department . The .requisitioner must complete an original form
simultaneously with a carbon copy to transcribe a copy for retention
by the department. The purchase re-qui-s-i tai on should be typed or
written legible in ink and contain the following information :
Purchase Order Number :
- do not fill in unless a verbal purchase order is acquired
from the Purchasing Agent in the case of a "confirmation"
in an emergency situation .
Date :
- record the date the requisition is being filled out .
Vendor:
- provide suggested vendor , if known; otherwise leave blank.
Ship To :
- insert appropriate destination for goods to be delivered .
Ship Via :
- leave blank , unless goods being arranged for pick up
by Town employee .
F . O . B . .
- leave blank , to be completed by purchasing agent .
Dept :
- record specific major department .
Account Number :
- specify applicable accounting or financial coding with
all necessary digits and hyphens .
Terms :
- leave blank , to be completed by purchasing agent
Qty :
- specify quanity of goods required and units of measure .
Do not use units which are redundant such as boxes or
crates , etc . without clarification .
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PURCHASING PROCEDURES MANUAL
PURCHASING FORMS & PROCEDURES
PURCHASE REQUISITON . . cont ' d
Description :
- specify detailed description of goods/services required
accompanied by all associated model numbers , serial numbers ,
colour , size , etc .
Unit Price :
- leave blank , unless price is known .
Extensions :
leave blank , unless prices are known to calculate totals
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Date required :
- specify date required which is reasonable and allows
purchasing to purchase goods considering process of
administrating the purchase and the lead times required
by the vendor.
Do not use terms such as : A . S . A . P . , Rush , Urgent , etc . in
this space .
To be used for :
identify and record the approximate end -use for making the
expenditure ie : if culverts , are required the space should
possess the phrase : " drainagesystems "
This information is necessary for tax exemption determination .
Requisitioned by :
- Employee requisitioning should PRINT his name .
Authorized by :
- authorized signature approved from the list of authorized
signatures .
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PURCHASING PROCEDURES MANUAL
PURCHASING FORMS & PROCEDURES
PURCHASE REQUISITION . cont ' d
Any special comments or instructions necessary from the
perspective of the requistioner rel ati nc; to the purchasing
of goods/services should be noted in the body of the requisition .
It is imperative that a purchase requisition only contain
goods/services pertaining to a single vendor ie : office
supplies and pool chemicals should not be specified in the
same requisition form ; although , more than one item withinthe
same catagory is acceptable on a purchase requisition .
In the event , a purchase requisition does not comply with the
prescribed procedure , the Purchase Agent may refer the
requisition back to the requisitioner.
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Page No .. 6 THE CORPORATION OF THE '%® ^4 04e
PURCHASE REQUISITION DATED 1D
Sane TO VIA F.O.s.
Di:PARTMENT ACCT. NO. TERMS
QUANTITY /oaN S Oeejr'eAWVAI� 01066-z Ak. eocoaC
BY
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�A(ae REQUIRED "'
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PURCHASING PROCEDURES MANUAL
PURCHASING FORMS & PROCEDURES
PURCHASE ORDERS
All purchase orders will be maintained by the Purchasing Office .
This form will act as an official document on behalf of the Town
to purchase goods/services . A purchase order will be generated
as a result of the submission of a completed and authorized
purchase requisition from the individual or department for whom
the goods or services are ordered .
The distribution of the purchase order will be as follows :
1st copy - - Vendor
2nd copy - - Purchasing
3rd copy - - Accounts Payable
4th copy - - Receiving Copy
5th copy - - Requisitioner
- 3rd copy to Accounts Payable will be retained for a reference and
file copy in Treasury.
- 4th copy to the user department or requisitioner must be retained
until the goods/services are complete . The person authorizing
the original purchase shall upon final receipt of goods , sign and
date the " Receiving Copy" and immediately send to accounts payable
in Treasury for the processing and payment of respective invoices .
- 5th copy to Requisitioner will be retained for reference and filed
by that Department .
RECEIVING OF GOODS
Upon the delivery of goods to a department , the receiving of such
goods must be administered in the following manner.
- the carrier will usually require a signature to substantiate
the actual delivery. ( If goods appear to be damaged , a notation
indicating damaged goods must be made on the carrier ' s bill
of lading to support a claim , if required . )
- each shipment should be accompanied by a packing slip furnished
by the vendor ; the packing slip must be checked with goods
delivered to verify quantity and description of goods ordered ;
in the event of a discrepancy , the Purchasing Agent should
be notified immediately to resolve the situation .
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PURCHASING PROCEDURES MANUAL
PURCHASING FORMS & PROCEDURES
RECEIVING OF GOODS . cont ' d
- upon proper receipt of goods , the receiving department must
sign and date the RECEIVING COPY of the purchase order and
immediately forward to Accounts Payable for payment of invoice .
- Part shipments - If the goods being delivered only comprise
of part of an order ; the RECEIVING COPY should be held by
the receiving department until the order is complete , however ,
a signed packing slip must be submitted to accounts payable
to account for that initial shipping . If many part shipments
occur , this procedure should be followed and the RECEIVING
COPY should only be signed and forwarded when the order is
complete or the last and final shipment arrives .
EMERGENCY PURCHASES
In the event of an emergency purchase , a purchase order number
should be requested from the Purchasing Office . If approved , the
department will order and pick up the goods or arrange the services .
The purchase order number must be quoted to the vendor so that it
appears -on his invoice . Prices or charges should also be acquired
from the vendor , whenever possible , to record on the purchase requisi -
tion . The purchase requisition is subsequently completed with the
respective purchase order number, the vendor name and the term
"Confirmation " written in bold letters . Then it should be forwarded
to purchasing for processing .
For an emergency , which happen outside of normal working hours , and
a purchase order cannot be acquired ; the above procedure will apply
for follow up the next practical day.
PURCHASES UNDER $25 . 00
Goods/services not exceeding the total amount of $25 . 00 which
normally require the submission of a purchase requisition , may be
purchased by departments , as required . However , if a blanket order
or another form of contract is established , of which the goods can
be acquired through , then the department must purchase from the
contracted vendor.
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PURCHASING PROCEDURES MANUAL
PURCHASING FORMS & PROCEDURES
PETTY CASH
Petty Cash should be used for goods under the amount of $10. 00.
The paid invoices must be submitted to the cash control for
re- imbursement to authorized employee .
SALES TAX EXEMPTION CERTIFICATES
Sales tax exemption stamps will used on purchase order forms which
is a requirement of the provincial and federal governments .
Municipalities may claim exemption of tax for purchased items
stipulated in the Retail Sales Tax Act and the Federal & Excise
Tax Act .
The attached form indicates the appropriate exemption certificates
necessary to substantiate tax exemption when purchasing goods .
The actual stamping !of orders with tax certificates will be done
by Purchasing , unless otherwise directed .
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FEDERAL EXCISE TAX EXEMPTION CERTIFICATE
I/We certify that the goods being pur. hased/imported
herein are for the sole use of the Corporation of the
Town of Newcastle in accordance with the exemption for
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as provided under the heading "Municipalities" in
Schedule III of the Excise Tax Act and are .not, in
any case, for resale.
DENNIS M. HOMENIUK, P.P.
PURCHASING AND SUPPLY AGENT
PROVINCIAL RETAIL SALES TAX EXEMPTION CERTIFICATE
Under the provisions of the Ontario Retail Sales
Tax Act, I/We claim exemption from tax on the
purchase of the tangible personal property ordered
herein.
THE CORPORATION OF THE TOWN OF NEWCASTLE
PROVINCIAL RETAIL SALES TAX EXEMPTION CERTIFICATE
Under the provisions of the Ontario Retail Sales
Tax Act, I/We claim exemption from tax on the
purchase of tangible personal property ordered
herein for the prupose of resale.
VENDOR'S PERMIT No. 0411-0137
THE CORPORATION OF THE TOWN OF NEWCASTLE
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PURCHASING PROCEDURES MANUAL
BLANKET ORDERS
Selected vendors will be issued blanket orders to cover various
types of materials required by departments on a day to day basis
which are of low dollar value . Releases are to be made with those
vendors , at which time prices of the material ordered must be
obtained . Upon receipt of goods , the individual must sign the
invoice which should be priced by the vendor , and then forwarded
to the authorized official of the department . The responsibility
of the authorized individual is to record the accounting charge ,
sign the invoice and forward directly to accounts payable for
processing of payment .
Any item murchandised by the respective vendors may be obtained as
required by the authorized requisitioners , with the exception of
items of a capital nature , which must be handled on a purchase
requisition .
Goods should not be ordered for stocking purposes on the immediate
requirements .
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PURCHASING PROCEDURES MANUAL
VEHICLE & EQUIPMENT PARTS ORDER
Under the direction of the Purchasing and Supply Agent , persons
authorized to buy automotive & equipment parts , will utilize
the "Vehicle & Equipment Parts Order" form which will have a
maximum expenditure up to $500 . 00 .
Due to the nature of the urgency and the service necessary to
sustain Town vehicles , it is imperative that this type of order
be available to the Public Works Garage and the Fire Department .
This three part order form will be used for the purchase of
"Vehicle & Equipment Parts " only . This form should not conflict
with existing blanket orders etc If an item can be acquired
from a vendor who is contracted an a blanket order system , then
the blanket order procedure will prevail .
When a VehicleEquipment Parts Order is used , the authorized
buyer, shall issue a completed order to The Purchasing Agent
for approval and signature . If the order is confirmed , the body
of the order should contain the term "CONFIRMATION" to indicate
the order already being placed . The following information must
be recorded on each "Vehicle & Equipment Parts " order prior to
forwarding to purchasing .
- Vendor name and complete address
- Date
- Vehicle number
- Accounting Charge
- Ship to
- Delivery date
- Description of goods order (with model and part number)
- F . O . B . point
- Tax Status
- Requisitioner or buyer
Orders exceeding $500 must be processed in a purchase requisition
to purchasing . Parts ordered should not be purchased for stocking
purposes , only for immediate needs when repairs are necessary.
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PURCHASING PROCEDURES MANUAL
ADVERTISING REQUISITIONS
An "Advertisement Requisition" for each advertisement must be
issued by your department . The use of this requisition will
enable the department to maintain a record of advertisements
placed and assist the Accounts Payable section to process and
charge invoices more accurately and expediently .
Instructions for use of the requisition is self-explanatory
on the tab of the requisition form .
This form will be acceptable to all agencies as they will be
advised of our procedure .
UTILITY CHARGES
Charges from the local utilities will be processed in the normal
manner already established .
TRAVEL EXPENSES , PROFESSIONAL MEMBERSHIP
Claims for travel expenses and membership will be processed directly
to the Treasury Department as previously established .
PERIODICALS , PUBLICATIONS AND NEWSPAPERS
Subscriptions to newspapers , periodicals and magazines should be
acquired through normal procedures involving a purchase requisition
if the dollar value exceeds the $25 . 00 limit of purchase . Otherwise ,
the department may utilize the procedure for goods valued under
$25 . 00
DISPOSAL OF SURPLUS AND REDUNDANT MATERIAL
All materials of a surplus or redundant nature will be reported to
the Purchasing and Supply Agent who will arrange for disposal via
public auction , trade-in , or sale by tender .
Sale or disposal of any material or equipment shall not be permitted
in any circumstance . Methods of disposal shall only be in the form
of the previously prescribed methods administered by the Purchasing
and Supply Agent .
CONTRACT ORDERS AND SERVICE AGREEMENT ORDERS
This procedure for specified goods and services required on a
repetitive basis will be available after the fundamental purchasing
policies and procedures are in place .
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PURCHASING PROCEDURES MANUAL
CREDIT CARD PURCHASES
The use of credit cards may continue as presently allowed . A
complete review and assessment will be forthcoming to determine
whether this procedure will continue or be revised .
FUEL PURCHASE AND CONTROL
The purchasing of fuel for vehicles and furnaces will remain the
same until an assessment is conducted .
INVENTORY CONTROL SYSTEM
Referring to the automotive and general stores inventory , a manual
visirecord system will be implemented to provide a more efficient
control of inventoried items .
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82-96
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being a By-law to define the purchasing and tendering policies and
procedures applying to the purchase of all types of goods, works and
services by the Corporation of the Town of Newcastle.
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BE IT ENACTED AND IT IS HEREBY ENACTED as a By-law of the Corporation
of the Town of Newcastle thereof as follows:
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1. DEFINITIONS
Bidder(s) - shall mean supplier, vendor, contractor, developer,
professionals and/or their heirs, executors, administrators and
assigns.
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Clerk - shall mean the appointed Clerk of the Corporation of the
Town of Newcastle. y
Council - shall mean the elected Council of the Corporation of j
the Town of Newcastle.
Committee - shall mean a "standing or ad-hoc committee" within
the Corporation of the Town of Newcastle.
Corporation - shall mean the Corporation of the Town of
Newcastle.
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Designated Official - shall mean the Department Head or persons i
authorized or assigned to administer the approved procedures on
behalf of and for the Corporation of the Town of Newcastle. I (k
Goods - shall mean all goods and services which include all
supplies, materials, equipment, general maintenance and
services, construction and works contracts, leases, rentals and
repairs of equipment. Exclusions of this definition shall
include specifically the borrowing, lending and/or investing of
money and information from a professional consulting entity for
a specific feasibility study required by the Corporation.
Purchasing Agent - shall mean the appointed Purchasing & Supply
Agent of the Corporation of the Town of Newcastle.
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Treasurer - shall mean the appointed Treasurer of the
Corporation of the Town of Newcastle.
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2.01 Each Designated Official of the Corporation shall submit to
the Purchasing Agent a written request in the form of a
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"purchase requisition" for its requirements for all goods
with the exception of those goods detailed in the
"Purchasing Procedures Manual". The assurance of the
allocation of funds and accounting charge number shall be
the responsibility of the Designated Official for all
purchase requisitions submitted.
2.02 All purchase requisitions submitted shall also bear an j
authorized signature conforming to the limits of the
signing authority for the value of the goods required. The
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list of "Authorized" signatures shall be maintained by the r
Treasurer.
3. All requests by Designated Officials for firm and/or token
prices, product and technical information, catalogues and price j: f
lists for goods on behalf of the Corporation will be directed to
the Purchasing Agent. Each Designated Official will furnish to
the Purchasing Agent, as required, such data, specifications,
details, information etc. relating to the procurement of goods.
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4. The disposal of surplus or redundant materials shall be the !
responsibility of the Purchasing Agent.
5. The following provisions shall apply to the purchase of goods: i
5.01 Subject to any direction that may be given from time to !
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time by Council, the Purchasing Agent shall determine the
method by which goods shall be acquired, having regard to
the nature, importance or urgency associated with the
request, subject to the general trade practice, market
conditions and the guidelines of this By-law. The
Purchasing Agent, at his discretion, may establish
contracts with vendors in the form of:
a) blanket orders;
b) standing offer agreements;
c) contract orders;
d) service agreement orders;
e) systems contracts;
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f) lease or rental agreements;
provided, however, that for individual transactions, the
dollar amount will not exceed the budgetary allocation or
the limits established by this By-law. Contracts or lease
agreements that extend beyond the term of Council shall be
subject to Ontario Municipal Board approval.
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5.02 All goods purchased valued over One Hundred Dollars ($100)
shall be covered by a Purchase Order, issued by the I
Purchasing Agent. k
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5.03 The Purchasing Agent shall be authorized to make purchases
not exceeding Five Thousand Dollars ($5,000), subject only !
to the condition that three separate prices have been i
received, whenever possible.
5.04 The Purchasing Agent shall be authorized to make purchases
exceeding Five Thousand Dollars ($5,000) but not exceeding
Fifteen Thousand Dollars ($1",000), provided that:
a) at least three or more written quotations are j
received, whenever possible;
b) the lowest responsible quotation received is accepted;
C) documents for all quotations received are retained for
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inspection by the Treasurer or appropriate officials
for audit purposes.
5.05 Referring to paragraph 5.04, where at least three written
quotations are not received, or where the lowest
responsible quotation is not accepted or where the lowest
responsible quotation exceeds the amount of Ten Thousand
Dollars ($10,000), the Purchasing Agent shall, in
consultation with the Designated Official, submit a Report
to Committee and/or Council providing a list of bid amounts
received with recommendations for award. The purchase of
goods in this situation will be subject to Committee and/or
Council approval. j
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5.06 All purchases in excess of Fifteen Thousand Dollars
($15,000) shall be by tender, unless otherwise determined
and directed by a Resolution of Council.
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5.07 Under the direction of the Purchasing Agent, the person(s)
authorized to make purchases on behalf of the Works Depot
Garage and Fire Department, may order vehicle parts
necessary to maintain the Corporation's vehicles, subject ,
to the following:
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(a) That the value of each separate order shall not exceed
$500.00;
(b) That the purchase order is signed by the Purchasing
Agent prior to sending to the supplier.
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5.08 Purchase orders shall not be split so as to circumvent the
established method of purchase and the dollar limits
imposed by this By-law.
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? 5.09 Corporation Employees or any elected official, shall not
divulge prices received for any goods except the total bid
amount in the case of public tenders. All prices recorded
during the opening of tenders, that are part of the
Corporation's permanent record and maintained in the i
Clerk's Department, shall be made available to the public
pursuant to the provisions of the Municipal Act, R.S.O.
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1980.
5.10 Notwithstanding the provisions of this By-law, emergency
purchase of goods may be made by the Purchasing Agent in
circumstances which could result in costly departmental '
downtime, danger to life and/or property damage. In all
such cases, a Report shall be filed jointly by the
Designated Official and the Purchasing Agent to Committee
and/or Council, should the value of the purchase exceed the
guidelines established within this By-law. In the absence 1
of the Purchasing Agent, emergency purchases may be made by i
a Designated Official and such purchases confirmed by a
purchase order issued by the Purchasing Agent, as soon as
practicable.
6. TENDERING PROCEDURES
The following procedures shall apply to the purchase of all 1�
goods estimated to be in excess of Fifteen Thousand Dollars
($15,000).
6.01 Advertising
All tenders shall be called by Public Advertisement,
unless otherwise directed by Council and/or Committee.
6.02 Tender Closing Time
All tender closing times shall be established by the
Corporation.
6.03 Release of Information to Bidders
The Corporation shall supply the following materials to all
prospective bidders:
a) two copies of the official tender form relating to the
tender called;
b) one standard tender envelope appropriately imprinted;
c) tendering information, i.e. plans, specifications, I
profiles, etc.;
d) Where a deposit is required for tender documents, such
fee shall be paid to the Corporation by cash, money
order, bank draft or certified cheque. Refunds shall
only be made when all required tender documents are
returned to the Corporation in good condition.
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6.04 Recording and Control of Tendering Material
A list of prospective, responsible bidders shall be
maintained by the Purchasing Agent when issuing tendering E
material. All names and addresses shall be recorded when
tenders are released to facilitate distribution of addenda j
when necessary, to extend or cancel a tender under call.
The determination of responsibility and prequalification of
contractors and/or bidders shall be decided by the
Purchasing Agent, in all cases.
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7. CHANGES TO TENDERS UNDER CALL
7.01 Preparation of an Addendum
Interpretations of qualifications shall be made in the form
of a written addendum. Addenda are necessary to revise,
delete, substitute or add to tendering material under call.
The Purchasing Agent shall approve the issuance of an
addendum or cancel the tender call.
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7.02 Notification of Addenda to Bidders
Bidders shall be notified of an addendum initially by
telephone and confirmed by written notice delivered via
registered mail. The bidder may have the option of
receiving the addendum by personally picking up the notice
from the Purchasing Agent with receipt acknowledged by
signature.
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7.03 Cancellation of Tender Under Call
The Purchasing Agent reserves the right to cancel tenders
under call as required. Procedure for cancellation shall
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apply, as in Paragraph 7.02. All tenders received after
cancellation will be returned unopened to the bidder by
registered mail with notification of cancellation.
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8. CONDITIONS OF TENDER SUBMISSION j
All tenders shall be submitted to the Office of the Clerk and
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shall be subject to the following conditions:
8.01 The correct Tender Form and envelope as supplied by the j
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Corporation must be used.
8.02 Tenders must be properly sealed and delivered to the Office
of the Clerk prior to the tender closing time established
for that tender.
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8.03 Time shall be determined by the Clerk or his delegate.
8.04 When received by the Office of the Clerk, the envelope(s)
shall have the date and time of receipt noted on them by
the Clerk or his delegate. Each tender received shall be
recorded in a Tender Register maintained by the Office of
the Clerk.
8.05 All tenders received by the Office of the Clerk shall be
placed unopened in a suitable locked receptacle and shall
remain under the control of the Clerk.
8.06 All tenders delivered late shall not be accepted by the
Office of the Clerk. The Purchasing Agent shall be advised
of the circumstances and the tender returned unopened to
the bidder, accompanied by a letter which states "not
accepted, delivered after the close of tenders".
8.07 Where no return address is visible on the outside of a
tender that is delivered after the close of tenders, it
shall be opened in the presence of the Clerk by the
Purchasing Agent, a return address determined, the facts
noted for the record and the documents returned to the
bidder accompanied by a letter as in 8.06 above.
9. FORM OF TENDER
9.01 All tenders must be legible; written in ink, or typed.
9.02 "All items must be bid" unless otherwise specified in the
tender call documents.
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9.03 All entries inlcuding unit prices for each item must be
clearly stated.
9.04 The tender cannot contain any restrictive statements, nor
can the tender be qualified by separate letter.
9.05 Unless specified in writing by the Purchasing Agent, no
alterations to the tender documents will be permitted.
9.06 All tenders submitted must be signed by an authorized
person and in the case of a Limited Company, have the
corporate seal affixed.
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9.07 All erasures, overwriting, strike-outs and other similar
alterations inserted in the Bidder's proposals must be II
initialled by the person authorized to execute the ((k
documents on behalf of a bidder. I
10. BONDS AND DEPOSITS
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All tenders shall be accompanied by an executed bonding
agreement, when bonding is required.
All tenders requiring bid deposits shall have such deposits made
payable to the "Corporation of the Town of Newcastle" and shall
be in the form of a certified cheque, bank draft, money order or
cash and shall be enclosed in the same envelope as the Tender.
Bid deposits shall be submitted in accordance with the following
schedule, unless otherwise specified. s
Total Amount of Bid Minimum Deposit Required
$20,000.00 OR LESS $1 ,000.00
$20,000.01 to $50,000.00 $2,000.00 (,
$50,000.01 to $100,000.00 $5,000.00
100,000.01 to $250,000.00 $10,000.00
250,000.01 to $500,000.00 $25,000.00
500,000.01 to $1,000,000.00 $50,000.00
1,000,000.01 to $2,000,000.00 $100,000.00
2,000,000.01 OR OVER $200,000.00
When bonding is a condition of the tender call, a Performance
Bond and/or a Labour and Material Payment Bond in the amount
specified in the tender documents must be furnished by the
bidder prior to execution of the contract.
Both the bond and the form of bond shall meet the requirements
of the Treasurer.
11. WITHDRAWAL OF TENDERS
11.01 Anyone submitting a tender can only withdraw the tender
prior to the close of tenders. Requests received
following the close of tenders will not be accepted.
11.02 Anyone wishing to withdraw a tender may do so in writing
and deliver the same to the Office of the Clerk.
11.03 All tenders withdrawn prior to being deposited in the
tender box shall be returned and the withdrawal of the
tender acknowledged in writing.
11.04 All withdrawals received relating to tenders deposited in
the tender box shall be deposited and all of the related
documentation returned unopened following the tender
opening.
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12. OPE14ING TENDERS
12.01 All tenders shall be opened by the Clerk or his delegate
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in the presence of at least one witness for the
Corporation and the Purchasing Agent or his delegate and
the bids duly recorded.
12.02 Any interested person may attend a Tender Opening.
12.U3 Where two or more tenders are called for the same time,
the tenders shall be opened in numerical order, with the
lowest numbered tender being opened first.
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12.04 Having established the order of precedence, the Clerk or
his delegate shall remove the tenders from the Tender
Receptacle.
12.05 Where a tender cannot be identified as to author or
contract number, such an envelope shall be opened and the a
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documents placed with the appropriate group of tenders.
12.06 Where a conflict exists in respect of the envelope and
its contents as to contract number, the contract number
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on the tender documents shall prevail.
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12.07 When all tenders have been sorted, opened and withdrawn
tenders segregated pursuant to paragraph 11.04, the Clerk
shall compare the number of tenders opened to the number `
of tenders recorded in the Record of Tenders. Where a (!
discrepancy exists, the proceedings shall be delayed
until all Tenders have been accounted for.
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12.08 When all tenders are accounted for, the Clerk or his
delegate shall announce each tender publicly in the E
following manner:
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i) tender number and specification;
ii) bidder's name and location;
iii) bid deposit and bonding letter (if required);
iv) total bid amount.
12.09 All Tenders shall be checked to determine that bidders
have not submitted more than one bid. Should this
situation arise, the lowest bid submitted shall be deemed
to be the intended bid, unless one of the bids has been
withdrawn in the prescribed manner in Section 11.
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12.10 Following the opening and recording of Tenders by the
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Clerk, the Record of Tenders shall be closed and the
record signed attesting to that fact.
12.11 With the exception of the Clerk and the Purchasing Agent
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or their delegates, no dialogue will be permitted with
respect to the proceedings.
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13. VERIFICATION OF TENDERS
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All Tenders will be delivered to the Purchasing Agent who shall
ensure that:
(a) all tenders comply with the Tender requirements;
(b) that all unit prices have been correctly extended; f
(c) that all extensions have been correctly totalled;
(d) unit prices shall govern the intention of bid, in the
event of arithmetic errors.
13.01 Improper Bids
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Any bids that fail to meet the established criteria shall
be deemed to be "improper bids", and be subject to
further examination by the Purchasing Agent for the
purpose of establishing the degree of defect contained in
the document.
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13.02 Unequivocal Rejection of Bids
All bids shall be rejected that are:
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(a) received late;
(b) delivered in other than the prescribed tender
envelopes;
(c) that are not completed in ink or by typewriter;
(d) incomplete and do not comply with specifications;
(e) that contain restrictive or conditional statements
which are intended to alter the form or intent of
the tender called by the Corporation;
(f) that contain improperly executed documents;
(g) unaccompanied by bonding documents or bid deposits.
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13.03 Exceptions
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The Purchasing Agent may at his discretion accept or
reject a bid when:
(a) the "agreement to bond" is improperly executed; (if
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the bid is accepted he may allow a period of time to
have the "Agreement to Bond" corrected)
(b) the envelope is improperly sealed; j
(c) the documents are illegible;
(d) the envelope contains improper bid deposit;
(e) the arithmetic extensions contain gross errors.
14. AWARD OF TENDERS
The Purchasing Agent shall review the tender with the client '
department and shall then report to the General Purpose and
Administration Committee and/or Council.
Where the tender amount exceeds the budget allocation the report
shall contain the requisite information with respect to the
source of additional funding.
Upon approval of the tender by Council, the Purchasing Agent i
shall make the award and issue a Purchase Order in accordance
with the conditions of the Tender.
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15. DISPOSITION OF BID DEPOSITS
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Following the awarding or cancellation of a tender, all deposits)
with the exception of the low and second low bidders in the case
of an award, shall be returned to the unsuccessful bidders by
registered mail, or if picked up, receipt acknowledge in
writing. E
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16. EXECUTION OF CONTRACT
The successful bidder shall be allowed ten (10) working days
from the date of mailing of the form of contract to execute and
return the same to the Purchasing Agent.
The Mayor and Clerk shall execute contracts on behalf of the
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Corporation of the Town of Newcastle when required, and a by-law
authorizing the execution of such contracts shall be approved by
Council prior to the signing of the contract by either of them.
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17. DEFAULT BY SUCCESSFUL BIDDER
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If the successful bidder fails to execute the contract or fails
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prescribed time, the tender may be awarded to the next lowest
bidder(s) or cancelled. In the event a successful bidder fails
to execute, finalize and/or provide acceptable surety for a
contract, the bidder's deposit(s) will be forfeited.
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18. ABSOLUTE RIGHT
Notwithstanding the provisions of this. By-law, the Corporation
shall have absolute discretion in the awarding of contracts and
retains the right to reject any, or all Tenders.
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BY-LAW read a first time this 19 day of July 1982
BY-LAW read a second time this 19 day of July 1982
BY-LAW read a third time and finally passed this 19 day of
July 1982.
G. B. Rickard
MAYOR
David W. Oakes
CLERK
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