BYLAW - Define Procurement Policies and Procedures - 20170711 - 599717The Corporation of the Town of Aurora
By-law Number 5997-17
Being a By-law to define the procurement policies and procedures for
The Corporation of the Town of Aurora.
Whereas paragraph 3 of subsection 270(1) of the Municipal Act, 2001, S.O.2001, c.
25, as amended provides that a municipality shall adopt and maintain policies with
respect to its procurement of goods and services;
And whereas on November 8, 2016, The Corporation of the Town of Aurora (the
'Town") passed a by-law regarding its procurement of goods and services, being By-law
Number 5910-16;
And whereas it is deemed necessary to adopt a policy by by-law with respect to the
Town's procurement of goods and services to replace By-law Number 5910-16;
Now therefore the Council of The Corporation of the Town of Aurora hereby
enacts as follows:
Table of Contents
Part 1: Principles, Definitions, Application, and Authority........................................3
1. Purposes, Goals, and Objectives of this By-law..................................................3
2. Procurement Principles and Practices..................................................................3
3. Definitions of this By-law.......................................................................................4
4. Application............................................................................................................12
5. Responsibilities.....................................................................................................12
6. Authority................................................................................................................13
7. Restrictions and Exceptions................................................................................14
Part 2: Procurement Approval and Methods.............................................................15
8. Prescribed Council Approval...............................................................................15
9. Bid Review Committee (BRC) and Bid Irregularities..........................................16
10. Procurement Process...........................................................................................16
11. Pre-Qualification...................................................................................................17
12. Standard Procurement Methods..........................................................................18
13. Alternative Procurement Methods.......................................................................20
Part 3: Post -Award Requirements and Performance...............................................26
14. Contract Execution...............................................................................................26
15. Contractor Performance.......................................................................................26
16. Contract Termination............................................................................................27
Part 4: Specific Bid and Procurement Issues...........................................................28
17. Contingencies.......................................................................................................28
18. Cancellation of Solicitation..................................................................................28
19. Access to Information..........................................................................................28
Part 5: Personal and Real Property............................................................................29
20. Disposal of Personal Property.............................................................................29
By-law Number 5997-17 Page 1
21. Real Property.........................................................................................................30
Part 6: Miscellaneous Considerations and General Items.......................................30
22. Tie Bids Received.................................................................................................30
23. No Local Preference.............................................................................................30
24. Environmental Considerations............................................................................30
25. Accessibility Considerations...............................................................................31
26. Black -Out Period...................................................................................................31
27. Lobbying................................................................................................................31
28. By-law Review.......................................................................................................
32
29. Repeal, Precedence, and Transition....................................................................32
30. Short Title
..............................................................................................................32
31. In Force..................................................................................................................32
Schedule"B,'...............................................................................................................34
Schedule`=C"...............................................................................................................36
Schedule«p>'...............................................................................................................38
By-law Number 5997-17 Page 2
Part 1: Principles, Definitions, Application, and Authority
1. Purposes, Goals, and Objectives of this By-law
The purposes, goals, and objectives of this by-law, and of each of the methods of
Procurement authorized herein, are:
(a) to encourage competition among Bidders, Proponents, and Contractors;
(b) to ensure that Bidders, Proponents, and Contractors are accountable to
the Town and the public;
(c) to provide the highest level of government service at the least possible
cost;
(d) to ensure fairness and objectivity toward and amongst Bidders during the
procurement process;
(e) to ensure openness, accountability and transparency while protecting the
financial best interests of the Town;
(f) to obtain the best value for the Town when procuring Goods, Services,
and Construction;
(g) to avoid conflicts between the interests of the Town and those of the
Town's employees and elected officials;
(h) to ensure compliance with international/interprovincial trade treaties or
agreements, as amended;
(i) to reduce waste, harmful emissions, and substances, and to increase the
development and awareness of environmentally responsible procurement
and/or other best green procurement practices available when developing
the Bid Document for Goods, Services, and Construction; and
Q) to incorporate, where applicable, the requirements of the Accessibility for
Ontarians with Disabilities Act, 2005, as amended ("AODA") in
Procurement activities of the Town as well as any requirements contained
in other legislation (either provincial or federal) which may impact the
Procurement activities of the Town.
. Procurement Principles and Practices
Procurement affects and is affected by the public sector organization as a whole,
and the community it serves, whether at the local, provincial, or national level.
Therefore, the Town has adopted the Public Procurement Principles and
Practices, as follows:
Accountability:
Taking ownership and being responsible to stakeholders for our actions. This
value is essential to preserve the public trust and protect the public interest.
By-law Number 5997-17 Page 3
Ethics:
Acting in a manner true to the values listed herein. Acting ethically is essential to
preserve the public's trust.
Impartiality:
Unbiased decision -making and action. This value is essential to ensure fairness
for the public good.
Professionalism:
Upholding high standards of job performance and ethical behavior. This value is
essential to balance diverse public interests.
Service:
Obligation to assist stakeholders. This value is essential to support the public
good.
Transparency:
Easily accessible and understandable policies and processes. This value is
essential to demonstrate responsible use of public funds.
3. Definitions of this By-law
3.1 In this by-law, the following words have the following meanings:
(a) "Authority" or "Authorized" means the legal right to conduct the tasks
outlined in this by-law as may be directed by Council and/or delegated to
the CAO or a Department Head pursuant to this by-law or by resolution of
Council. Authorized Purchases are those that have prior approval of
Council either through resolution or through the Department budget;
(b) "Award", "Awarded", or "Acceptance" means authorization to proceed
with the Purchase for Goods, Services, or Construction from a selected
Bidder;
(c) "Bid" means a Tender, Proposal, or Quotation submitted in response to a
Solicitation from the Town;
(d) "Bidding System" means the Town's online web -based solution for
issuing solicitations and/or receiving online bid submissions and posting
bid results;
(e) "Bid Bond" means a monetary or financial Bond by which a third party
(the surety) accepts liability and guarantees that: (i) the Bidder will not
withdraw the Bid, (ii) the Bidder will furnish other Bonds as required, and
(iii) if the contract is awarded to the bonded (insured) Bidder, the Bidder
will accept the Contract as Bid, or else the surety will pay a specific
amount;
(f) "Bid Deposit" means a sum of money, a negotiable instrument, a
cheque, another acceptable cash alternative (such as an irrevocable
Letter of Credit), or a guarantee that the Bidder will enter into a Contract
with the Town if the Bid is accepted. The form and type of Bid Deposit will
be specified in the Bid Document;
By-law Number 5997-17 Page 4
(g) "Bid Document" means the Town's Solicitation document which may be
in the foram of a Quick Bid Request for Quotation (QB-RFQ), Quick Bid
Request for Proposal (QB-RFP), Request for Quotation (RFQ), Request
for Tender (RFT), Request for Proposal (RFP), Request for Pre -
Qualification (RFPQ), or Sale;
(h) "Bidder" means the individual or legal entity submitting a Bid. For clarity,
in this by-law only, the word "Bidder" shall also include "Proponent",
"Respondent" and "Offeror". The definition shall also include any principal,
director, or officer of that Bidder, bidding directly for Town Contracts or
indirectly through another legal entity;
(i) "Bid Review Committee" or "BRC" means a committee constituted to
review Irregularities and other issues pertaining to Bids as required;
{j) "Blackout Period" means the period of time from the posting of the Bid by
the Town up to and including either the date that the Contract or Purchase
Order with the selected Bidder is executed by the Town, or the time
Council approves such Award, whichever occurs first;
(k) "Bond" means a form of financial protection against damages; a binding
agreement executed by a Contractor/Bidder and a third party (surety) to
guarantee the performance of certain obligations or duties to the Town;
(1) "CAO" means the Chief Administrative Officer of the Town, or his/her
designate;
(m) "Chief Building Official" means the Chief Building Official of the Town,
or his/her designate;
(n) "Compliant Bidder" means a Bidder whose Bid does not vary from the
specifications and terms set out in the Bid Document.
(o) "Conflict of Interest" means a situation where a personal or business
interest of a Council member, officer, or employee of the Town may be in
conflict with the best interests of the Town, and includes a situation where:
(i) a Council member, officer, or employee of the Town (or a family
member thereof) may receive a direct or indirect pecuniary
personal gain, benefit, advantage or privilege, from any individual
or business (or any person related to such business) that wishes to
provide or provides Goods, Services, or Construction to the Town;
or
(ii) a Council member, officer, or employee of the Town (or a family
member thereof) that has a direct or indirect pecuniary interest in
any business that wishes to provide or provides Goods, Services or
Construction to the Town,
and such Conflict of Interest shall be declared prior to Bid submission, to
be addressed prior to Award, in accordance with subsection 7.5 of this by-
law;
(p) "Construction" means the process of utilizing labour to build, alter,
repair, improve or demolish any structure, building or public improvement
By-law Number 5997-17 Page 5
and includes any associated preparation, investigation, and supply of
materials and equipment, but generally does not apply to routine
maintenance, repair or operations of existing Real Property;
(q) "Contract" means the agreement in writing governing the performance of
the work which has been executed by the Town and the selected Bidder
following Acceptance by the Town of the selected Bidder's Bid. Generally,
the term "Contract" shall also mean an obligation, such as an accepted
offer, between competent parties upon a legal consideration to do or
abstain from doing some act. Generally, the essential elements of a
Contract are: (i) an offer and an acceptance of that offer; (ii) the capacity
of the parties to contract; (iii) consideration to support the contract; (iv) a
mutual identity of consent; (v) legality of purpose; and (vi) sufficient
certainty of terms. A Contract is also an agreement between parties with
binding legal and moral force, usually exchanging Goods, Services, Sale
of Real or Personal Property, or Construction for money or other
consideration;
(r) "Contractor" means the selected Bidder to whom the Contract is
awarded and whom is undertaking the execution of the work under the
terms of the Contract. Also, an individual or business having an
agreement with the Town to furnish Goods, Services, or Construction for
an agreed upon price. For clarity, in this by-law only, "Contractor" shall
also include "Vendor";
(s) "Co-operative Purchasing" means: (i) the action taken when two or
more entities combine their requirements to obtain advantages of volume
purchases including administrative savings and other benefits; and (ii) a
variety of arrangements whereby two or more public procurement entities
purchase from the same Vendor(s) or Contractor(s) using a single
Solicitation;
(t) "Council" means the Council of The Corporation of the Town of Aurora;
(u) "Department" means a department of the Town;
(v) "Department Head" means a Director, or his/her designate, of the Town
who is responsible for a Department, and shall include the CAO with
respect to his/her direct responsibilities for a Department;
(w) "Election Period" means the period of time in the year of a regular
municipal election starting from nomination day and ending on the day that
is fixed for the beginning of the next term of Council, as such days may be
defined in the Municipal Elections Act, 1996, S.O. 1996, c. 32, as
amended;
(x) "Electronic Bidding" means a method of issuing Solicitations and/or
receiving written Bids on the Bidding System where the process of issuing
and/or receiving Bids by email, or online is considered appropriate and
valid;
(y) "Emergency Purchase" means an event or circumstance where the
immediate purchase for Goods or Services, or the entering into of a
Construction Contract, is essential or necessary in accordance with
By-law Number 5997-17 Page 6
subsection 13.4 of this by-law. An Emergency Purchase shall also include
any other expenditure that is necessary to respond to or effectively
manage any emergency of the Town or as required under the Emergency
Management and Civil Protection Act, R.S.O. 1990, c. E.9, as amended;
(z) "Evaluation Committee" means a component of the Request for
Proposal process, whereby a committee is established to conduct
proposal evaluations, interviews, and negotiations during Proposal
evaluation for Goods, Services, or Construction;
(aa) "Financing Lease" means a lease which allows for the provision of
Goods, Services, or Construction if the lease may or will require payment
by the Town of financing, interest, bonuses, premiums, or other charges or
costs for the Goods, Services or Construction in compliance with: (i) O.
Reg. 653/05, as amended, made under the Municipal Act, 2001, S.O.
2001, c. 25, as amended, or any successor to such regulation; and (ii)
Town Administration Procedure No. 60, or any successor thereto;
(bb) "Formal" means a form of response to a Solicitation or submission of a
Bid that requires the response or Bid to be submitted inside of a sealed
envelope or package, and may be done through Electronic Bidding;
(cc) "Goods" means moveable property including: (i) the costs of installing,
operating, maintaining, or manufacturing such moveable property; and (ii)
raw materials, products, supplies, equipment, and other physical objects
of every kind and description whether in solid, liquid, gaseous or electronic
form, unless they are procured as part of a Construction Contract;
(dd) "In -House Bid" means a bid made by a Department, submitted in
response to a Solicitation, where the provision of the Goods, Services or
Construction will be provided entirely by the employees of the Town;
(ee) "Informal" means a form of response to a Solicitation or submission of a
Bid that does not require the response or Bid submission to be submitted
inside of a sealed envelope or package, and may be done through
Electronic Bidding;
(ff) "Irregularity" means a defect in a Bid or Proposal, or a deviation between
the requirements of a Solicitation and the information provided in a Bid or
Proposal. Schedule "B" - Bid Irregularities of this by-law establishes the
action that will be taken if a Bid Irregularity exists in relation to a Bid
submitted in response to an Quick Bid Request for Quotation (QB-RFQ),
Request for Quotation (RFQ), Request for Tender (RFT), Request for Pre -
Qualification (RFPQ), or Sale. For the purposes of this definition, an
Irregularity in a Proposal submitted in response to a Request for Proposal
(RFP) or Quick Bid Request for Proposal (QB-RFP) are specifically
addressed separately under Schedule "C"- Proposal Irregularities of this
by-law, which establishes the action that will be taken if a Proposal
Irregularity exists;
(gg) "Letter of Credit" means a document issued by a Canadian Schedule I
or I I bank authorizing the bearer to draw a specified amount from that
bank or its agent; a letter or similar statement extending credit up to a
By-law Number 5997-17 Page 7
given amount at a Canadian Schedule I or 11 bank for a person who has
paid or guaranteed that amount to the issuing bank;
(hh) "Labour and Material Bond" means a bond that assures payments, as
required to all persons supplying labour or material for the completion of
work under the Contract. The Labour and Material payment bond in the
form of CCDC 222 (as may be amended) or the most recent applicable
Canadian Construction Documents Committee Form may be acceptable
to the Town depending on the requirements of the Bid Document;
(ii) "Litigation" means any formal dispute between the Town and any other
party, adverse in interest, including third party and cross claims, where a
legal proceeding has been commenced for an injunction, a mandatory
order, a declaration, the recovery of money, or an arbitration proceeding;
Qj) "Local Board" means a municipal service board, transportation
commission, public library board, board of health, police services board,
planning board, or any other board, commission, committee, body or local
authority established or exercising any power under any statute with
respect to the affairs or purposes of one or more municipalities, excluding
a school board and a conservation authority;
(kk) "Low Value Purchase" or "LVP" means a purchase of Goods, Services,
or Construction which is not included as part of an existing Contract and is
not available out of the Town's inventory. LVPs shall not exceed the
amount stated in Schedule "D" - Bid Thresholds of this by-law;
(II) "Multi -Step Solicitation" means a method of source selection involving
at least two competitive Procurement steps;
(mm) "Offeror" means an individual or legal entity that makes an offer in
response to a sale of Personal Property;
(nn) "Performance Security" means monetary or financial security by which a
third party accepts liability and guarantees that a Bidder selected for
Award of a Contract will complete the work required under the Contract;
this security can take the form of a Bond, certified cheque, cash, or Letter
of Credit as directed by the Bid Document. The Performance Security
protects the Town from loss due to the Bidder's inability to complete the
Contract as agreed by financially securing the fulfillment of Contract
requirements;
(oo) "Personal Property" means tangible or intangible property, other than
Real Property, and includes moveable property subject to ownership, with
exchange value;
(pp) "Piggyback" means a form of intergovernmental Co-operative
Purchasing in which the Town can extend the pricing and terms of a
Contract established by another governmental entity to enter into a similar
Contract with the provider of the Goods, Service, or Construction. The
Town may participate with other government agencies or public authorities
in co-operative purchasing where it is in the best interests of the Town to
do so;
By-law Number 5997-17 Page 8
(qq) "Procurement" means: (i) purchasing, renting, leasing or otherwise
acquiring any Goods, Services, or Construction, and includes all functions
that pertain to such acquisition, including the description of requirements,
preparation, Solicitation, selection, and Award of Contract and all phases
of Contract administration; and (ii) the combined functions of purchasing,
inventory control, traffic and transportation, receiving, inspection,
storekeeping, salvage and disposal operations with respect to Goods,
Services, and Construction;
(rr) "Proponent" means the individual or legal entity who submits a response
to a Request for Proposal (RFP) or Quick Bid Request for Proposal (QB-
RFP);
(ss) "Proposal" means a document submitted by a Proponent in response to
a Request for Proposal (RFP) or Quick Bid Request for Proposal (QB-
RFP) to be used as the basis for negotiation or for entering into a
Contract;
(tt) "Purchase" means the act and function of responsibility for the
Procurement for Goods, Services, or Construction;
(uu) "Purchase Order" means the Town's written order to a
ContractorNendor formally stating all terms and conditions for the
purchase of Goods, Services, or Construction or a written acceptance of
an offer received in accordance with this by-law;
(vv) "Purchasing Card" or "P-Card" means a payment method whereby
employees of the Town are Authorized by the CAO and/or Department
Head to deal directly with Contractors for LVPs or as otherwise specified
by the Procurement Manager, using a Town credit card issued by a
chartered bank or major credit card provider. The Purchasing Card is to
be used in accordance with the Town's Purchasing Card Program Policies
and Procedures, as amended;
(ww) "Procurement Services Division" means the division or section of a
Town Department that is responsible for the Procurement of Goods,
Services, and Construction for the Town;
(xx) "Procurement Manager" means the Manager of Procurement for the
Town, or his/her designate;
(yy) "Quotation" means a document submitted by a Bidder in response to a
Request for Quotation (RFQ) or Informal Request for Quotation (IRFQ), to
be used as the basis for entering into a Contract;
(zz) "Real Property" means land and its permanently affixed buildings or
structures, and includes any property which is not Personal Property;
(aaa) "Request for Expressions of Interest" or "RFEI" means a non -binding
Procurement method whereby the Town makes a request to the
marketplace for the purposes of compiling a list of individuals or legal
entities who may be interested in providing Goods, Services, or
Construction to the Town;
By-law Number 5997-17 Page 9
(bbb) "Request for Information" or "RFI" means a non -binding Procurement
method whereby the Town states its need for input from interested parties
for a possible upcoming Solicitation. A Procurement practice used to
obtain comments, feedback or reactions from potential Contractors prior to
the issuing of a Solicitation;
(ccc) "Request for Pre -Qualification" or "RFPQ" means a request for the
submission of pre -qualification Bid documents relating to, among other
information that may be requested by the Town, experience, financial
strength, and personnel who may, from time to time, qualify to supply
Goods, Services, or Construction to the Town, but which generally does
not create any contractual obligation between the Respondent submitting
the pre -qualification submission and the Town, but which may be a pre-
condition to further Procurement Contracts with the Town;
(ddd) "Request for Proposal" or "RFP" and the associated "Quick Bid
Request for Proposal" or "QB-RFP" means the document used to solicit
Proposals from Proponents for Goods, Services, or Construction or as
may be required in accordance with the thresholds stated in Schedule "D"
- Bid Thresholds of this by-law. For further clarification, price is usually not
the primary evaluation factor in these Proposals. An RFP or QB-RFP may
provide for negotiation of all terms, including price, prior to Contract
Award. An RFP or QB-RFP may include the provision for the negotiation
of best and final offers and may be a single step or multi -step process;
(eee) "Request for Quotation" or "RFQ" and the associated "Quick Bid
Request for Quotation" or "QB-RFQ" means a request by the Town for
prices for the provisions for Goods, Services, or Construction up to the
threshold amount stated in Schedule "D" - Bid Thresholds of this by-law;
(fff) "Request for Tender" or "RFT" means a request for Tenders for the
provision of Goods, Services or Construction to the Town or as may be
required in accordance with the thresholds stated in Schedule "D" - Bid
Thresholds of this by-law;
(ggg) "Respondent" means the individual or legal entity submitting a response
to a Request for Pre -Qualification, Request for Expressions of Interest, or
Request for Information;
(hhh) "Responsible Bidder" means a Bidder whose reputation, past
performance, and business and financial capabilities are such that the
Bidder would be judged by the Town to be capable of satisfying the
Town's needs for a specific Contract. A Bidder, as the context requires,
that is fully capable to meet all the requirements of the Solicitation or other
process and subsequent Contract. Such Bidder shall possess the full
capability, including financial and technical, satisfactory past performance,
including a satisfactory Town's Contractor performance evaluation (where
applicable) to perform as contractually required and shall be able to fully
document the ability to provide good faith performance;
(iii) "Sale" means the act of selling Town Personal Property or Real Property
that is no longer needed by the Town and is designated for disposal;
By-law Number 5857--17 Page 10
(jjj) "Service" or "Services" means: (i) the furnishing of labour, time or effort
by a Contractor, which may involve the delivery or supply of products; (ii) a
Contract for labour to perform a service to meet a specific requirement; or
(iii) any professional or general service work performed which does not
result in the delivery of Goods or materials;
(kkk) "Single Source" means a method of Procurement used after soliciting
and negotiating with only one Contractor where there is more than one
potential source available for the Procurement of the Goods, Services, or
Construction;
(III) "Sole Source" means a method of Procurement used where there is only
one source or Contractor able to meet the requirements of the
Procurement;
(mmm) "Solicitation" means an invitation for Bids or Proposals;
(nnn) "Tender" means a document submitted by a Bidder in response to a
Request for Tender (RFT), to be used as the basis for entering into a
Contract;
(000) "Treasurer" means the Treasurer of the Town as appointed by the
Council or his/her designate;
(ppp) "Town" means The Corporation of the Town of Aurora;
(qqq) "Town Solicitor" means the solicitor of the Town or his/her designate;
(rrr) "Undertaking to Provide a Bond or Letter of Credit" means a pledge or
guarantee by an insurance company, bank, corporation, entity, or
individual on behalf of the Bidder through which the surety protects
against default or failure of the principal to satisfy the obligations of a
Contract;
(sss) "Unsolicited Bid/Proposal" means a Bid or Proposal submitted by a
Bidder in the absence of a Solicitation from the Town, which may be
submitted in response to a perceived need but not in response to a
Solicitation;
(ttt) "Vendor" means a supplier/seller of Goods or Services; and
(uuu) "Working Day" means Monday to Friday inclusive, and excludes: (i)
Saturday and Sunday; (ii) any statutory holiday recognized by the Town;
and (iii) any day that the Town's main office (Town Hall) is closed.
3.2 To establish the definition of any other Procurement terms not herein included,
reference may be made to the latest edition of the Institute for Public
Procurement (NIGP) Public Procurement Dictionary of Terms and the Purchasing
Management Association of Canada (PMAC) Dictionary of Purchasing Terms.
By4aw Number 5997-17 Page 11
4. Application
4.1 This by-law shall apply to all Departments of the Town. For clarity, this by-law
does not apply to purchases of Central York Fire Services, the Aurora Public
Library Board or any municipal services corporation established by the Town.
4.2 No purchase of Goods, Services, or Construction or Sale of Personal Property
shall be authorized unless it is in compliance with this by-law.
4.3 This by-law does not apply to the lease, use, purchase, disposal, or Sale of Real
Property or to any matter to which Town Administration Procedure No. 55
applies, or any successor thereto.
5. Responsibilities
5.1 Department Heads shall be responsible for:
(a) all Procurement activity in their Department within the prescribed limits of
this by-law, including recommendation of Award and preparing the
necessary report to Council if required;
(b) delegating spending authority limits to Department staff in compliance with
this by-law and all applicable Town policies;
(c) ensuring that that all of provisions of section 1 of this by-law are complied
with;
(d) ensuring that all Procurement activities and decisions are Authorized by
this by-law and are carried out within the financial and other limits set out
in Schedule "D" - Bid Thresholds;
(e) ensuring that no Procurement activity or decision in their Department is
contrary to this by-law and informing Council, in consultation with the
Procurement Manager and Town Solicitor, when serious and material non-
compliance has occurred;
(f) monitoring of all contract expenditures and ensuring that financial
limitations have been complied with;
(g) ensuring that all required documentation (e.g., WSIB clearance, insurance
certificate, executed agreement) has been received prior to
commencement of any work;
(h) ensuring that all accounts are paid within the times set out in a Contract
(provided a Contractor has met all conditions of the applicable Contract);
(i) ensuring that all Goods, Services, or Construction contracted for have
been received as per the terms of Contract;
(j) ensuring that all Awards are subject to the identification and availability of
sufficient approved funding in appropriate accounts, and that the required
funding for future years of a Contract can reasonably be expected to be
made available in the current or future yearly budgets based on historical
spending on similar Contracts; and
By-law !Number 5997-17 Page 12
(k) ensuring that Contracts are monitored and documented in compliance with
the Contractor performance procedures contained in this by-law to ensure
that performance is in accordance with the requirements of the Contract,
and notifying the Procurement Manager if action is to be taken to correct
the performance of a Contractor where it falls below the standard required
by the applicable Contract, including the completion of a Contractor
performance report.
5.2 The Procurement Manager shall be responsible for:
(a) providing Procurement advice and services to each Department, the CAO,
and Council for the purposes of fulfilling the Procurement needs of the
Town;
(b) for Purchases other than Low Value Purchases, ensuring that all required
documentation (e.g., WS1B clearance, insurance certificate, executed
Contract) has been received prior to commencement of any work;
(c) all aspects of the Solicitation process and ensuring compliance to the
terms and conditions of Bid Documents;
(d) ensuring compliance by Town staff with this by-law and reporting non-
compliance to the appropriate Department Head, and to the Town Solicitor
and CAO as necessary;
(e) developing appropriate processes or procedures to ensure that the
provisions of this by-law are met and to ensure the proper functioning of
Procurement for the Town;
(f) the standardization of Goods and Services where appropriate and
possible, in collaboration with the user Department(s);
(g) the disposal of Personal Property which has been declared surplus by a
Department Head;
(h) participating in Co-operative Purchasing with other levels of government,
municipalities, boards, agencies, commissions, or private sector entities
where it is in the best interests of the Town; and
(i) compliance with section 1 of this by-law.
6. Authority
6.1 In the event that a Bid has been approved by Council and Awarded to the
selected Bidder and the selected Bidder fails to enter into a Contract, the
Procurement Manager shall be granted the Authority to proceed to the next
lowest Compliant and Responsible Bidder or the next highest evaluated
Compliant and Responsible Proponent for the Award of a Contract, without going
back to Council for approval to Award, providing the requirements remain
unchanged and the new Contract is within budget. Prior to such new Award, the
Procurement Manager shall obtain approval from both the responsible
Department Head and the CAO. The Department Head shall prepare a report to
Council for information purposes.
By-law Number 5997-17 Page 13
6.2 The CAO has the Authority to:
(a) instruct Department Heads not to Award Contracts, notwithstanding their
Authority to do so under this by-law, and instead to submit
recommendations for Contract Award to Council for approval; in addition,
the CAO may provide additional restrictions conceming Procurement
where such action is considered necessary and in the best interest of the
Town;
(b) Award Contracts during the time that regular Council meetings are
suspended, during a period of Council recess in excess of thirty (30) days,
or during the Election Period, as a result of a Solicitation that normally
requires Council approval, provided that a report is submitted to Council
(as soon as reasonably possible) setting out the details of any Contract
Awarded pursuant to this Authority;
(c) Award Contracts for an Emergency Purchase, in accordance with section
13.4 of this by-law; and
(d) delegate spending authority limits to staff in compliance with this by-law
and all applicable Town policies.
7. Restrictions and Exceptions
7.1 The acquisition methods and Purchase Order requirements described in this by-
law are not required for the Purchase or payment of those items listed in
Schedule "A" — Exceptions, or as otherwise listed in this by-law.
7.2 No Contract or Purchase Order for Goods, Services, or Construction may be
divided into two or more parts to avoid the application of the provisions of this by-
law.
7.3 No Town employee or Council member, shall personally obtain any Real or
Personal Property of the Town that has been declared surplus unless it is
obtained through a public process.
7.4 No Town employee or Council member shall Purchase on behalf of the Town any
Goods, Services or Construction, except in accordance with this by-law.
7.5 All Council members and employees of the Town shall declare any Conflict of
Interest to the Procurement Manager and the CAO (and to their Department
Head if they are an employee of the Town), and such persons shall not
participate in the Procurement process to which the Conflict of Interest relates.
7.6 All Procurement undertaken by the Town shall be undertaken in accordance with
this by-law, the Corporate Policies and Procedures of the Town, and in
accordance with the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as
amended.
7.7 The Town may only enter into a Financing Lease in accordance with the Town's
policies related thereto.
By-law Number 5997-17 Page 14
7.8 The Town may use any privilege clause contained in the Town's Bid Documents
for consideration of the acceptance or rejection of any Bid received by the Town
pursuant to this by-law.
7.9 During the consideration of Award of Contracts, or during consideration to
determine whether a Bidder is a Responsible Bidder, the Town may consider,
among other items: previously completed Contractor evaluations, past
performance, and performance evaluation reports. In addition, where the
Procurement Manager, in consultation with the relevant Department Head and
the Town Solicitor, is of the opinion that an Award to a Bidder would undermine
the business reputation of the Town or undermine the public's confidence in the
integrity of the Town's Procurement process as a result of the Town having
knowledge or information of such Bidder's criminal activity, bid -rigging, anti-
competitive practices, or other activities that are meant to undermine the
Procurement process (whether at the Town or elsewhere), the Procurement
Manager may then determine that such Bidder is not a Responsible Bidder and
disqualify such Bidder. At his/her sole discretion, the Procurement Manager has
the right to disqualify a Bidder based on any unresolved performance or financial
disputes.
Part 2: Procurement Approval and Methods
8. Prescribed Council Approval
8.1 Save and except for the circumstances in Section 6 of this by-law, setting out
additional and alternative Authority, the following Awards are subject to Council
approval:
(a) where there is no provision in the Town's annual budget for the item
subject to the Contract or Purchase Order;
(b) any Contract requiring approval from the Ontario Municipal Board;
(c) any Contract required by statute to be made by Council;
(d) any Contract prescribed by a court order;
(e) any Award where Council has requested final approval to Award;
(f) any Award having a total cost (excluding taxes) that would be higher than
the Council -approved capital estimates or capital budget for such Award,
and the necessary adjustments cannot be made;
(g) where Authority to approve has not been expressly delegated by Council
or by Schedule "D" — Bid Thresholds of this by-law;
(h) any Award having a total cost (excluding taxes) that falls within a threshold
category that requires Council approval as set out in Schedule "D" - Bid
Thresholds;
(i) where an Award is being recommended pursuant to a RFQ or RIFT and
the recommended Bidder is not the lowest Compliant Bidder, because the
lowest Compliant Bidder has been determined not to be a Responsible
Bidder; or
By-law !Number 5997-17 Page 15
Q) as otherwise requested to obtain approval by the CAO.
9. Bid Review Committee (BRC) and Bid Irregularities
9.1 There shall be a Bid Review Committee, hereinafter referred to as the "BRC',
composed of, at a minimum, the following members of Town staff:
(a) the Procurement Manager or designate; and
(b) a lawyer from the Legal Services Division, or designate.
Furthermore, if deemed to be required by the above members of the BRC, a
representative from the Town Department requesting the Procurement and/or
any other party deemed appropriate by the BRC, may be added to the BRC.
9.2 In the event that a Bid contains an Irregularity that cannot be resolved by the
Procurement Services Division, or where there is a challenge to the Procurement
process, the Bid at issue shall be referred to the BRC. The BRC shall review any
such Bid or challenge and take the action prescribed in Schedule "B" - Bid
Irregularities or Schedule "C" - Proposal Irregularities, as appropriate. The
decision of the BRC shall be final.
10. Procurement Process
10.1 Where applicable, each of the Procurement methods set out in this by-law shall
be undertaken in compliance with the following:
(a) the scope of the Goods, Services or Construction shall be clearly and
extensively defined by the Bid Document;
(b) the Bid document shall be, to the extent possible, standardized using
common forms and processes;
(c) the Solicitation shall be advertised, if applicable, to ensure the most
comprehensive and competitive response reasonably possible to the
Solicitation, at the discretion of the Procurement Manager;
(d) all Bids received by the Town shall be kept together in a secure place until
the closing date and time;
(e) all Bids shall be evaluated using an open, fair, and transparent process as
may be possible under the circumstances of a particular Solicitation;
(f) for Proposals, the evaluation criteria, and evaluation rating shall be
identified in the Request for Proposal document and shall be evaluated by
the Evaluation Committee based on that criteria and rating, unless
superseded by an Addendum, using a standardized form of evaluation
record;
(g) all Bid Documents shall clearly set out the requirements for the price
element of the Bid, specifying whether the Bid price is submitted on a unit
price or subtotal or total price basis and whether it is net of any taxes; in
addition, a Bid Document may include provisions for early payment
By-law Number 5997-17 Page 16
discounts, premiums, financing charges, administrative costs, cost of Iiving
or other escalations, contingencies or other deductions or additions and
how any contract extras shall be dealt with;
(h) Bid records shall be filed and maintained in accordance with any
applicable record retention by-law and/or policy of the Town;
(i) Bids shall be Awarded based on the terms and conditions specified in the
Town's Bid Documents and in accordance with this by-law;
(j) all Bidders shall, where required by this by-law, be required to comply with
the Contract preparation and execution requirements of section 14 of this
by-law if they are Awarded the Contract;
(k) Contracts shall be monitored and documented by the Department Head in
accordance with section 15 of this by-law, to ensure that performance is in
accordance with the requirements of the Contract and steps shall be taken
to correct the performance of a Contractor where it falls below the
standard required by the Contract; and
(1) all Contracts, once Awarded and executed by the Town, are public
documents, save and except for detailed pricing submissions (but
excluding the totals as set out in the pricing document of the Bid
Documents) and personal information protected under the Municipal
Freedom of Information and Protection of Privacy Act No Bidder may
insert conditions to exempt their Contract from such public disclosure or
accessibility.
(m) For Bids only (excluding Proposals) and in consultation with the relevant
Department Head, prior to Award the Procurement Manager may release
some or all of the Bidders who have been determined not to be the lowest
Compliant Bidder, together with their securities held by the Town
(including Bid Deposits, Labour and Material Bonds, and Performance
Security).
11. Pre -Qualification
11.1 Request for Pre -Qualification (RFPQ)
(a) The Procurement Manager may conduct a RFPQ for the purpose of
selecting qualified Bidders to respond to a subsequent Solicitation.
(b) When a RFPQ is issued, a pre -qualification Bid Document shall be
provided to potential bidders setting out the criteria for pre -qualification.
(c) The Town may use any information provided by a Bidder in response to a
RFPQ in the evaluation of a subsequent related Bid and/or select a limited
number of Bidders to be qualified to Bid on the subsequent related
Solicitation.
(d) Advertisement of the RFPQ shall be based on the estimated Contract
value, in accordance with Schedule "D" - Bid Thresholds of this by-law.
By-law Number 5997-17 Page 17
(e) The selection of Bidders following a RFPQ shall not create any contractual
obligation between the Town and a pre -qualified Bidder and does not
oblige the Town to issue any subsequent Solicitation.
(f) Pre -qualification under a RFPQ may be made a specific pre -condition to
any other Procurement method utilized by the Town, in which case the
Town may restrict participation in a subsequent related Solicitation to only
those RFPQ responding parties who meet the requirements established in
the RFPQ or the selected limited number of Bidders that are deemed to be
most qualified to Bid on the subsequent related Solicitation, and choose to
advertise a subsequent Solicitation to only those parties.
12. Standard Procurement Methods
Unless any other section or exception of this by-law applies, the method of Procurement
for Goods, Services, or Construction shall be in accordance with the methods described
in this section as determined by the Procurement Manager. All Procurement methods
noted in this section shall comply with the reporting and approval requirements set out
in Schedule "D" - Bid Thresholds.
12.1 Request for Expressions of Interest (RFEI)1 Request for Information (RFI)
(a) The Procurement Manager may conduct a RFEI or a RFI for the purpose
of determining the availability of any Goods, Services or Construction, or
for the purpose of developing a subsequent Solicitation or budget
estimate.
(b) The Solicitation for a RFEI or RFI shall be advertised in accordance with
Schedule "D" — Bid Thresholds.
(c) The receipt of a submission by a Respondent in response to a RFEI or a
RFI does not create any contractual obligation on the part of the Town.
12.2 Low Value Purchase (LVP)
(a) LVPs can be used for the Procurement of Goods, Services, or
Construction not covered by a term Contract or co-operative Contract,
having an estimated total cost within the applicable threshold set out in
Schedule "D" - Bid Thresholds.
(b) The Department Head may appoint individuals and assign a limit of
spending authority to make LVPs. Such purchases are at the discretion of
the Department Head, who shall ensure that they are made at fair value.
(c) Competition or advertisement are not required to make a LVP, but can be
made and handled by any Department or the Procurement Manager.
(d) LVPs may be made without the need for a Purchase Order, and may be
paid by a Purchasing Card if accepted by the Vendor.
(e) A Contractor subject to a LVP shall be required to comply with the
contractor performance requirements set out in section 15 of this by-law.
By-law Number 5997-17 Page 18
12.3 Informal Quick Bid Request for Quotation (QB-RFQ) /
Informal Quick Bid Request for Proposal (QB-RFP)
(a) QB-RFQs or QB-RFPs can be used for the Procurement of Goods,
Services, or Construction not covered by a term Contract or co-operative
Contract, having an estimated total cost within or below the applicable
threshold set out in Schedule "D" - Bid Thresholds.
(b) A Solicitation for a QB-RFQ or a QB-RFP may be released by the
Procurement Manager, on an invitational basis and/or advertised as set
out in Schedule "D" - Bid Thresholds.
(c) Any Irregularities in a Bid submitted in response for a Solicitation of a QB-
RFQ or a QB-RFP shall be dealt with in accordance with Schedule "B" -
Bid Irregularities or Schedule "C" - Proposal Irregularities and in
compliance with the procedures of this by-law.
12.4 Formal Request for Quotation (RFQ)
(a) RFQs can be used for the Procurement of Goods, Services, or
Construction having an estimated total cost within or below the applicable
threshold set out in Schedule "D" - Bid Thresholds.
(b) The Solicitation for a RFQ shall be advertised in accordance with
Schedule "D" — Bid Thresholds. In the case of a pre -qualified RFQ, only
the selected pre -qualified Bidders shall be notified about the Solicitation.
(c) Any Irregularities in a Bid responding to a RFQ shall be dealt with in
accordance with Schedule "B" - Bid Irregularities and in compliance with
the procedures stated in this by-law.
12.5 Request for Tender (RFT)
(a) RFTs can be used for any dollar value for the Procurement of Goods,
Services, or Construction, but a RFT shall be used for the Procurement of
Goods, Services, or Construction having an estimated total cost within the
applicable threshold set out in Schedule "D" - Bid Thresholds.
(b) A RFT may be used where all of the following criteria apply:
(i) two or more sources are considered capable of supplying the
Goods, Services or Construction;
(ii) the Goods, Services, or Construction is adequately defined to
permit the evaluation of Bids against clearly stated criteria and/or
specifications; and
(iii) the market conditions are such that Bids can be submitted on a
competitive pricing basis.
(c) The Solicitation for a RFT shall be advertised in accordance with Schedule
"D" — Bid Thresholds. In the case of a pre -qualified RFT, only the selected
pre -qualified Bidders shall be notified about the Solicitation and be eligible
to submit a Bid.
By-law Number 5997- t 7 Page 19
(d) Any Irregularities in a Bid responding to an RFT shall be dealt with in
accordance with Schedule "B" - Bid Irregularities and in compliance with
the procedures stated in this by-law.
12.6 Request for Proposal (RFP)
(a) RFPs can be used for any dollar value for the Procurement of Goods,
Services, or Construction, but a RFP shall be used for the Procurement of
Goods, Services, or Construction having an estimated total cost within the
applicable threshold set out in Schedule "D" - Bid Thresholds.
(b) The goal of a RFP is to implement an effective, objective, fair, open,
transparent, accountable and efficient process for obtaining unique
Proposals designed to meet broad outcomes to a complex problem or
need for which there is no clear or single solution, and to select a Proposal
that best meets the requirements specified in the competition, based on
qualitative, technical and pricing considerations.
(c) A RFP may provide for negotiation of all terms, including price, prior to
Award. The scope of negotiability may be restricted in a RFP. A RFP may
include the provision for the negotiation of best and final offers, and may
be a single or multi -step process.
(d) A RFP may be used where any of the following criteria apply:
(i) the selection of the Proponent depends more upon the
effectiveness of the proposed solution than the price alone;
(ii) it is expected that negotiation with one or more Proponents may be
required with respect to any aspect of the Contract; or
(iii) the precise Goods, Services, or Construction, or the specifications
are not known or are not definable and it is expected that the
Proponent will further define them, or for which a variety of
solutions to the requirement are likely to exist.
(e) The Solicitation for a RFP shall be advertised in accordance with
Schedule "D" — Bid Thresholds. In the case of a pre -qualified RFP, only
the selected pre -qualified Proponents shall be notified about the
Solicitation.
(f) Any Irregularities in a Bid responding to a RFP shall be dealt with in
accordance with Schedule "C" - Proposal Irregularities and in compliance
with the procedures stated in this by-law.
13. Alternative Procurement Methods
13.1 Multi -Step Bid Call
(a) A Multi -Step Bid Call is a Solicitation consisting of at least two stages. The
specific process being implemented will be set out in the Bid Documents
and established by the Procurement Manager. Generally, it will consist of
the following two steps:
By-law Number 5997 17 Page 20
(i) Step 1: a request for a technical Bid is made followed by
evaluations and discussion, without considering any prices, and the
selection of Compliant Bidders and Responsible Bidders whose
technical requirements are considered most acceptable; and
(ii) Step 2: the review of sealed Bid prices from only those Bidders
whose technical requirements have been rated acceptable in Step
1.
(b) A Multi -Step Bid Call shall be advertised in accordance with Schedule "D"
— Bid Thresholds. In the case of a pre -qualified Multi -Step Bid Call, only
the selected pre -qualified Respondents shall be notified about the
Solicitation.
13.2 Unsolicited Bid/Proposal
(a) An Unsolicited Bid/Proposal received by the Town may be reviewed by the
relevant Department Head and the Procurement Manager.
(b) Any Procurement activity resulting from the receipt of an Unsolicited
Bid/Proposal shall comply with any pertinent provisions of this by-law. The
provisions relating to LVPs, Single Source, Sole Source, or Emergency
Purchases, as appropriate, shall apply to a non-competitive Contract
resulting from an Unsolicited Bid/Proposal.
13.3 Negotiation
(a) Negotiation may be used in conjunction with any other Procurement
methods set out in this by-law for the procurement of Goods, Services, or
Construction, or for the Sale of Personal Property, or for the development
of any Contract, when any of the following criteria apply:
(i) the Goods, Services, or Construction are deemed necessary by the
CAO or Department Head as a result of an Emergency Purchase
which would not reasonably permit the use of any other prescribed
Procurement method;
(ii) due to abnormal market conditions, the Goods, Services, or
Construction required are in short supply;
(iii) where there is a Single Source or Sole Source of the Goods,
Services, or Construction which would be acceptable, permitted
under this by-law, and is cost effective;
(iv) where only one Proposal/Bid is received and it exceeds the amount
budgeted for the procurement, negotiations may be conducted, if
appropriate under the circumstances;
(v) after the Request for Proposal process closed, if appropriate under
the circumstances, to clarify any terms of the Proposal and any
resulting Contract;
(vi) with the highest evaluated Compliant and Responsible Bidder to a
By-law Number 5997-17 Page 21
Request for Proposal; however, if a negotiated agreement cannot
be reached, the Town may proceed to negotiate with the next
highest evaluated Compliant and Responsible Bidder;
(vii) where the extension or reinstatement of an existing Contract, with
Council approval, would be more cost effective or beneficial to the
Town;
(viii) where, for security or confidentiality reasons, it is in the best
interest of the Town;
(ix) with the highest Offeror in response to a Sale of Personal Property;
or
(x) where authorized by Council to do so.
(b) The award of any negotiated Contract shall comply with the Contract
execution provisions contained in section 14 and the contractor
performance provisions contained in section 15 of this by-law.
13.4 Emergency Purchases
(a) In the case of an emergency declared pursuant to the Town's Municipal
Emergency Management Program and Emergency Response Plan,or a
situation or circumstance in response to which the CAO or other
authorized person convenes some or all of the members of the Municipal
Emergency Control Group, but for which a formal declaration of an
emergency is not made, but for which emergency intervention is
approved, Purchases for the containment and managing of the emergency
situation shall be authorized as set out in such Program and Plan, and the
Treasurer shall prepare the required accountability and financial reports
for Council for information following the termination of the emergency.
During such emergency, this by-law shall serve only as a reference for
those officials in authority during such emergency, and otherwise is
suspended for all Purchases directly or indirectly related to addressing
and managing such emergency. The overriding Procurement guideline in
such an emergency shall be to address the emergency as quickly and
safely as possible so as to protect human life, essential municipal
services, and property, while minimizing costs to the Town. All other
routine Purchasing activities of the Town during such emergency but
unrelated to the addressing and management of the emergency remain
subject to this by-law.
(b) In the event of an emergency that does not fall into paragraph (a) of this
section, an Emergency Purchase may be made when an event occurs or
a circumstance is discovered that is determined by the Department Head
or the Chief Building Official to be an imminent and significant threat to, or
which has already significantly affected any of the following:
(i) public health;
(ii) the maintenance of essential Town services;
(iii) the safety or welfare of persons or of public property; or
By-law Number5997-17 Page 22
(iv) the security of the Town's interests;
and the occurrence requires the immediate delivery for Goods, Services, or
Construction and time does not permit for competitive Bids or obtaining
independent quotations.
(c) Emergency Purchases made under paragraphs 13.4(a) and 13.4(b) above
shall only be to the extent necessary to mitigate the immediate threat, risk
or to temporarily contain the situation or circumstance, and restore
services. Longer term projects or work for replacement of lost significant
infrastructure must follow the provisions of this by-law.
(d) The following process shall be conducted for any Emergency Purchases
pursuant to paragraph (b) of this subsection:
(i) Where it is estimated that the expenditure is within the Authority of
the Department Head as stated in Schedule "D" - Bid Thresholds of
this by-law, the Department Head or Chief Building Official shall
secure any Goods, Services, or Construction required in an
efficient, expeditious manner that is in the best interest of the Town.
(ii) Where it is estimated that the expenditure exceeds the Authority of
the Department Head or Chief Building Official as stated in
Schedule "D" - Bid Thresholds of this by-law, where possible and
reasonably practical in the circumstances, the approval of the
Procurement Manager followed by the approval of the CAO shall be
required. The Department Head or Chief Building Official shall
secure any Goods, Services, or Construction required in an
efficient, expeditious manner that is in the best interest of the Town.
(iii) An information report shall be submitted by the Department Head
or Chief Building Official to Council, as soon as reasonably
possible, which shall include the following information:
(1) a description of the circumstance;
(2) how the circumstance qualifies as an emergency under this
by-law;
(3) actions taken and the reasons therefore; and
(4) the costs incurred under this section.
13.5 Sole Source Purchases
(a) A Sole Source Purchase may be utilized for the Procurement of Goods,
Services, or Construction without the competitive Procurement process
when there is only one source that is able to meet the requirements of the
Procurement, which may be due to their unique ability or skill, possession
of proprietary technology, copyright, patent or other intellectual property.
(b) The Procurement Manager shall require satisfactory justification from the
requesting Department Head explaining the reasons for the Sole Source
Purchase.
By-law Number 5997- l7 Page 23
(c) Sole Source Purchases shall be in compliance with Schedule "D" - Bid
Thresholds of this by-law.
(d) Sole Source Purchases shall comply with the reporting and approval
requirements set out in Schedule "D" - Bid Thresholds of this by-law.
(e) Sole Source Purchases shall be required to comply with the Contract
execution requirements of section 14 and the Contractor performance
requirements of section 15 of this by-law.
(f) A semi-annual report of all Sole Source Purchases not requiring Council
approval shall be prepared by the Procurement Manager and reported to
the CAO.
13.6 Single Sole Purchases
(a) Single Source purchasing may be conducted for the Procurement of
Goods, Services, or Construction without the competitive Procurement
process, when any of the following circumstances apply:
(i) for reasons of standardization, warranty, function or service, such
as technical qualifications;
(ii) where compatibility with an existing product, equipment, facility or
services is a paramount consideration;
(iii) where a Good is purchased for testing or trial use, or for resale;
(iv) where the Town has a rental contract and an offer to buy-out the
equipment or extend the rental contract may be beneficial to the
Town;
(v) for matters involving security, police matters, or confidential or
privileged issues where the disclosure of such matters through an
open Solicitation process could reasonably be expected to
compromise confidential or privileged information, interfere with the
Town's ability to maintain security or order or to protect human,
animal or plant life or health, cause economic disruption, or
otherwise be contrary to the public interest;
(vi) a Contract is to be awarded under a Co-operative Purchase or a
Piggyback arrangement;
(vii) in the absence of any Bids in response to a Solicitation for Bids
made in accordance with this by-law;
(viii) in an Emergency Purchase situation pursuant to section 13.4 of this
by-law;
(ix) notwithstanding anything in this by-law, where a purchase is
determined by Council to be fair and reasonable and is made from
a non-profit corporation for the purpose of achieving charitable
Town objectives; or
By-law Number 5997-17 Page 24
(x) for the extension or renewal of an existing Contract where the
amount of the extended or renewed Contract is within the budgeted
amount for the provision of such Goods, Services, or Construction,
or is otherwise approved by Council.
(b) The Procurement Manager shall require satisfactory justification from the
requesting Department Head explaining the reasons for the Single Source
Purchase.
(c) Single Source Purchases shall be in compliance with Schedule "D" - Bid
Thresholds of this by-law.
(d) Single Source Purchases shall comply with the reporting and approval
requirements set out in Schedule "D" - Bid Thresholds.
(e) Single Source Purchases shall be required to comply with the Contract
execution requirements of section 14 and the Contractor performance
requirements of section 15 of this by-law.
(f) A semi-annual report of all Single Source purchases not requiring Council
approval shall be prepared by the Procurement Manager and reported to
the CA4.
13.7 Co-operative Purchasing and Piggyback
(a) The Town may participate with other government agencies or public
authorities in Co-operative Purchasing where it is in the best interests of
the Town to do so. The Town is not required to adhere to the advertising
requirements under this by-law and does not need to conduct its own
competition when engaged in Co-operative Purchasing. The policies and
procedures regarding the Solicitation and Procurement process of the
government agencies or public authorities calling the Co-operative
Purchasing Bid on behalf of the participants are to be accepted policies
and procedures for that particular Bid.
(b) The Town may Piggyback by accepting the results of a competitive
Procurement process of another government agency or public authority
where the provisions of the original Solicitation allow for such Piggyback,
or when the Vendor is willing to do so, and it is believed by the
Procurement Manager that it is in the best interest of the Town to do so.
The Town is not required to adhere to the advertising requirements under
this by-law and does not need to conduct its own competition when
engaged in a Piggyback purchase.
(c) Co-operative Purchasing and Piggyback Purchases shall comply with the
reporting and approval requirements set out in Schedule "D" - Bid
Thresholds.
13.8 In -House Bids
In -House Bids shall only be utilized where external sources have also been
requested to submit Bids and where Council has approved such Bids.
By-law Number5997-17 Page 25
13.9 "No Cost" Procurement
(a) "No Cost" Procurement occurs where the Town does not bear any cost
(expense or capital expenditure). This type of Procurement activity
includes revenue generating opportunities and cost pass -through to a third
party for a particular project.
(b) Revenue generating opportunities shall be acquired by the Town using the
same Procurement methods and approval requirements according to the
dollar amount thresholds in Schedule "D" -- Bid Thresholds for
Procurement that has a cost to the Town, which shall be determined
based on an actual value (if available) or reasonable estimate of the
value/expected revenue of the "No Cost" Procurement.
(c) Cost pass -through to a third party where the third party is covering less
than one hundred percent (100%) of the total costs for a particular project
shall be acquired by the Town using the same Procurement methods and
approval requirements according to the dollar amount thresholds in
Schedule "D" -- Bid Thresholds for Procurement that has a cost to the
Town, which shall be determined based on an actual value (if available) or
reasonable estimate of the value/expected revenue of the "No Cost"
Procurement. Full cost coverage by a third party is dealt with in Schedule
"A" — Exceptions to this by-law.
Part 3: Post -Award Requirements and Performance
14. Contract Execution
14.1 Prior to the commencement of the provision of Goods, Services, or Construction,
the selected Bidder shall be required to: (a) execute a Contractor (b) acquire a
Purchase Order from the Town, depending on the type and dollar amount
threshold of the Procurement as set out in Schedule "D" — Bid Thresholds of this
by-law. Where applicable for LVPs, Town staff may utilize P-Cards for the
acquisition of Goods and Services.
14.2 Where applicable, a selected Bidder shall be required to submit any and all such
documents, certificates, and securities as a condition precedent to, and for the
performance of, a Contract, at the discretion of the Procurement Manager. Such
items may include, without limiting the generality of the foregoing: a Bond, other
security for damages in the form of a negotiable instrument, insurance
certificates, a certificate of clearance from the Workplace Safety and Insurance
Board (WSIB), the contractor's Health & Safety policy, confirmation of
compliance with the AODA, and a project schedule.
15. Contractor Performance
15.1 The Department Head shall be responsible for monitoring the performance of
Contractors. The Department Head shall document evidence related to same
and having advised the Contractor in writing but which problems persist, advise
the Procurement Manager in writing where the performance of a Contractor has
been unsatisfactory in terms of failure to meet Contract specifications,
performance, invoicing conditions, health and safety requirements, environmental
By-law Number 5997-17 Page 26
protections, or any other Town requirements set by the Procurement Manager
from time to time.
15.2 Upon completion of a Contract or the supply of Goods, Services, or Construction
for the Town by a Contractor, a written performance evaluation of the Contractor
shall be completed by the relevant Department Head and the Procurement
Manager and the evaluation shall be placed in the Town file corresponding to the
Contractor. A copy of the evaluation and supporting documentation may be
made available to persons requesting Town references for a future Contract and
also may be reviewed and may form part of the criteria when considering the
Town's future Award of Contracts.
15.3 In a case where an interim performance evaluation is done prior to the
completion of a Contract or the supply of Goods, Services, or Construction, and
where the interim evaluation has determined the Contractor performance to be
unsatisfactory for any reason, a Department Head or the Procurement Manager
may request an interim evaluation meeting with a Contractor to discuss any
deficiencies and to establish a time for their rectification.
15.4 A Contractor deemed, in the sole opinions of the relevant Town staff and the
Procurement Manager, to have poor or unsatisfactory performance of a Contract
may:
(a) be refused the Award of a future Contract;
(b) have Town staff recommend that Council not Award a future Contract to
the Contractor; or
(c) be placed on a probationary period.
A probationary period may specify additional requirements as determined by the
Procurement Manager, including the requirement of additional Contract
performance security or interim performance evaluations to ensure that the terms
of a future Contract are strictly adhered to.
16. Contract Termination
16.1 Where a Contract is required pursuant to Schedule "D" — Bid Thresholds, and the
authority to execute the Contract is delegated therein to a Department Head,
then the CAO, upon the recommendation of the Procurement Manager, has the
Authority to terminate such a Contract at any time under the following
circumstances:
(a) where a Contractor is in default of terms and/or obligations under an
applicable Contract;
(b) where a Contractor commits an act of bankruptcy, a receiver is appointed
on account of insolvency of a Contractor or in respect of any of its
property, or if the Contractor makes a general assignment for the benefit
of its creditors; or
(c) where it is discovered that the award of a Contract was induced through
illegal or fraudulent means or that the Contractor has acted in violation of
any federal or provincial laws during the performance of the Contract.
By-law Number 5997-17 Page 27
16.2 Where a Contract is required pursuant to Schedule "D" — Bid Thresholds, and the
authority to execute the Contract requires Council approval, then only Council
shall have the Authority to terminate such Contract, on the advice of the relevant
Department Head and the Procurement Manager.
Part 4: Specific Bid and Procurement Issues
17. Contingencies
17.1 Where any Purchase of Goods, Services, or Construction has been Authorized
under this by-law, the relevant Department Head may Authorize the
disbursement of additional funds for unknown/unexpected conditions or
circumstances affecting the Contract work, provided that such additional funds
shall not exceed ten percent (10%) of the original Contract amount, and provided
that the additional funds are required to complete work set out in the original
Contract.
18. Cancellation of Solicitation
18.1 The Procurement Manager may cancel any Solicitation where:
(a) no Bids were received in response to the Solicitation or none of the
received Bids were from a Compliant and Responsible Bidder;
(b) the prices contained in all the submitted Bids in response to the
Solicitation exceed the approved budget amount for the project or
Purchase, and there is a cancellation request from the Department Head
who initiated the Solicitation; or
(c) in the opinion of the Department Head responsible for the Solicitation:
(1) a material change in the scope of work or specifications is required
and a new Solicitation should be issued according to the
Procurement Manager;
(ii) none of the Bids received adequately address the purpose or intent
of the Solicitation or the goal or need of the Town that was to be
addressed through the Solicitation;
(iii) the Goods, Services, or Construction to be provided by the
Solicitation are no longer required by the Town; or
(iv) in the opinion of the Procurement Manager, the integrity of the
Solicitation has been compromised or the Procurement process
was materially flawed.
19. Access to Information
19.1 The disclosure of information received pursuant to any Procurement process,
Solicitation, or the Award of a Contract shall be made in accordance with the
provisions of the Municipal Freedom of Information and Protection of Privacy Act
and the Personal Health Information Protection Act, as amended.
By-law !Number 5997' 17 Page 28
19.2 Evaluation score sheets of individual Town staff evaluators for each Bidder or
Proponent shall remain confidential. Members of Council may not be part of any
Bid evaluation process.
Part 5: Personal and Real Property
20. Disposal of Personal Property
20.1 Personal Property of the Town, such as furniture, vehicles, equipment, stocks of
all supplies, and other Goods and materials, which are no longer used by the
Town or which have become obsolete, wom out, or incapable of being used,
shall be identified as surplus by the applicable Department Head. Any disposal
or Sale of such surplus items shall be in accordance with the provisions of this
by-law where applicable. The terms of such disposal or Sale shall be
documented.
20.2 Personal Property shall be disposed of using the following process:
(a) The Town's Procurement Services Division (in consultation with the
relevant Department Head) shall first offer surplus Personal Property to
other Departments or Local Boards.
(b) Should any Personal Property remain available after the provisions of
paragraph (a) have been carried out, the Procurement Manager shall
dispose of such items by one of following methods, which method is
determined by the Procurement Manager according to the potential for the
highest monetary return for the Personal Property and the resources
available to engage such a process:
(i) Sale: A Sale Solicitation shall be issued and advertised on an
Electronic Bidding system, daily newspaper, or through the York
Purchasing Cooperative. Offers shall be received by facsimile,
electronically, or by sealed Bid, as determined by the Procurement
Manager;
(ii) Public auction: The Procurement Manager shall arrange for the
Personal Property to be sold at a public auction. A minimum bid
may or may not be set and shall be determined by the Procurement
Manager with input from other Town staff as appropriate; or
(iii) Sale or retum/trade-in to a Vendor: Sale or trade-in of the Personal
Property directly to a Vendor or Contractor in the applicable line of
business.
(c) Any Personal Property still available after the provisions of paragraphs (a)
and (b) have been carried out shall be disposed of by one of the following
methods:
(i) The Procurement Manager shall notify community and/or non-profit
agencies, as applicable, of the Town's intent of disposal and
negotiate such disposal with any groups or individuals that indicate
interest in a manner that is in the best interest of the Town.
By-law Number 5997-17 Page 29
(ii) Any other reasonable manner, including disposal as waste, at the
discretion of the Procurement Manager.
(d) Where an item or a group of similar items has been declared surplus and
has a value of less than One Hundred Dollars ($100.00), all as determined
by the Procurement Manager, the Department Head responsible for such
item(s) may dispose of such item(s) in a manner alternative to, and not in
accordance with, the methods set out under paragraphs (a), (b), and (c),
at the discretion of the applicable Department Head.
20.3 No Town staff member, Council member, or Local Board member shall
personally obtain any Personal Property that has been declared surplus unless it
has been obtained in accordance with any applicable provisions of this by-law.
21. Real Property
21.1 This by-law shall not apply to the acquisition or Sale of Real Property. Real
Property interests of the Town shall be acquired or disposed of in accordance
with the Town's Administration Procedure No. 55 -- Real Estate Sales,
Purchases, and Leases, as may be amended or successor thereof, together with
any other applicable process or by-laws dealing with the acquisition, disposal, or
Sale of Real Property, which are separate from this by-law.
Part 6: Miscellaneous Considerations and General Items
22. Tie Bids Received
22.1 In the case of tie between two Compliant and Responsible Bidders and where
multiple awards are not possible, the Town shall determine the winning Bid from
the two tied Bids by a coin toss conducted by the Procurement Manager.
22.2 In the case of a tie between three or more Compliant and Responsible Bidders
and where multiple awards are not possible, the Town shall determine the
winning Bid from the group of tied Bids by a random lottery draw conducted by
the Procurement Manager.
23. No Local Preference
23.1 The Town will endeavour to achieve the best value in its transactions. The Town
will not be bound to Purchase Goods or Services based upon Canadian content,
nor shall the Town practice local preference in awarding Contracts, unless
specifically required to do so by an upper -tier government body. All Procurement
processes are to be conducted so as not to unduly exclude local vendors while at
the same time maintaining the duty to conduct a fair competition and adhere to
the generally accepted legal principles applicable to Procurement, and all
prevailing Provincial, Federal or International trade treaties or agreements to
which the Town is bound.
24. Environmental Considerations
24.1 For the purposes of this section:
"Environmentally Preferred" means Goods and Services that have a lesser
impact on human health and the environment when compared with competing
By-law Number 5997-17 Page 30
products or services. This comparison may consider raw material acquisition,
production, recycled content, manufacturing, waste management, packaging,
distribution, re -use, operation, maintenance or disposal. An environmentally
preferred Good or Service will meet the criteria of a recognized third party
certification program, where such a specification exists for that product class.
"Third Party Environmental Certification" means an independent organization
that licenses and certifies products that meet environmental standards developed
by that organization. The certification programs most frequently used to certify
environmentally preferred products are provided in the Town's Green
Procurement Policy.
24.2 To encourage the procurement of Environmentally Preferred Goods and Services
with due regard to the preservation and enhancement of the natural environment,
Bid Documents may require methods resulting in the least damage to the
environment, such as those products which have a recognized Third Party
Environmental Certification, where practicable and in accordance with the Town's
Green Procurement Policy.
25. Accessibility Considerations
25.1 The Town is committed to giving people with disabilities the same opportunity to
access Town Goods and Services and allowing them to benefit from the same
Services, in the same place and in a similar way as other customers. Pursuant to
the provisions of the AODA and s. 5(1) of O. Reg. 191/11, as amended, the Town
shall incorporate accessibility design, criteria, and features when procuring or
acquiring Goods, Services, or facilities, except where it is not practicable to do
so. Programs, Goods, Services, facilities, etc. should be accessible to persons
with disabilities (visible and invisible), including (without limitation): hearing loss,
vision loss, physical or mobility related impairments, temporary disabilities,
learning, speech, language, cognitive, psychological, psychiatric, intellectual and
developmental disabilities, allergies, and multiple chemical sensitivities.
25.2 If it is determined not to be practicable to incorporate accessibility design, criteria,
and features when Purchasing Goods, Services, or facilities, the Department
Head responsible for any such Procurement shall, upon request, provide an
explanation.
26. Black -Out Period
26.1 During the Black -Out Period, any communication between Bidders and Council
members, Town staff, or Town consultants relating to any solicitation, pending
Award or submitted Bids, other than to Town staff in the Procurement Services
Division, is prohibited. Any such communication in violation of this subsection will
entitle the Procurement Manager to disqualify the offending Bidder from
consideration for Award.
27. Lobbying
27.1 During the Black -Out Period, no solicitations or lobbying may be made to any
Town staff member, Council member, Town consultant, or to the news media by
any director, officer, principal, employee, agent, family relation, or other
representative of a Bidder (including any other parties that may be involved in a
business relationship with the Bidder) with respect to the merits or value of the
By-law Number5997-17 Page 31
Bidder's Bid. Any such communication in violation of this section will entitle the
Procurement Manager to disqualify the offending Bidder from consideration for
Award. This subsection does not apply to presentations or delegations expressly
requested by Town staff or by Council, whether in the Bid Documents or
otherwise.
28. By-law Review
28.1 This by-law shall be monitored and evaluated for effectiveness continuously by
the Procurement Manager and shall be comprehensively reviewed upon specific
request by the CAO or by Council.
29. Repeal, Precedence, and Transition
29.1 By-law Number 5910-16, as amended, and all schedules thereto, is hereby
repealed on the day of this by-law coming into force and effect.
29.2 This by-law shall take precedence in the case of any conflict with any other Town
policies or procedures relating to Procurement.
29.3 Notwithstanding section 29.1, for the purposes of transition to this by-law, all
Procurement that commenced (being the date that Bid Documents were released
to the public in a Solicitation) prior to the effective date of this by-law are subject
to the provisions of By-law Number 5910-16 up to and including the Award of the
Contract or Purchase Order.
30. Short Title
30.1 This by-law may be referred to as the "Procurement By-law".
31. In Force
31.1 This by-law shall come into full force and effect on the date of final passage
hereof.
Enacted by Town of Aurora Council this 111" day of July, 2017.
Dawe, Mayor
1
Michael de Rand, Town Clerk
By-law Number 5997-17 Page 32
Schedule "A"
Exceptions
The Procurement and/or payment of the following items are exempted from the
competitive procurement and Purchase Order requirements of this by-law. Established
corporate risk management requirements remain applicable. For payment, in lieu of a
Purchase Order number on the invoice, insert the "Procurement Exception # xx".
For payment of an on -site service, attach the WSIB and insurance documents to
the invoice for payment.
1. Conferences, conventions, courses and seminars
2. Magazines, books and periodicals including subscriptions thereto
3. Trade/professional association membership dues/fees, continuing education, or
certification processes
4. Facilitators, program hosts or guest speakers for training, education or corporate
purposes
5. Staff development, training and workshops including all related equipment
resources and supplies
6. Employment expenses reimbursements to employees per the approved policies
7. Payroll, benefit premiums and related remittances
8. Petty cash replacement
9. Bank charges and brokerage fees, except the selection of the Town's lead bank
10. Ancillary banking or financial services
11. Debenture, debt and sinking fund payments
12. Remittances of all forms of taxes
13. Charges to and from other governmental bodies (e.g. school boards, federal and
provincial ministries/bodies/agencies, Teranet, LSRCA etc.)
14. Purchase or disposition of financial investments
15. Grants to agencies in accordance with any applicable Town policies)
16. Payments regarding Real Property (lease payments, purchases)
17. Committee fees and honorariums
18. Postage and courier services
19. Utility charges - including water, sewer, electricity, natural gas,
telecommunication services, internet, cable television, maintenance charges,
utility relocations, utility construction, and utility acquisition
20. Town sponsored employee purchase programs
21. Medical evaluations and similar consultations or expenses required by the Town
22. Annual government licences, and certificates, including periodic government
inspection fees
23. Annual software licenses renewals or maintenance/support payments when only
available from the subject software supplier
24. Claim and litigation settlement payments
25. Newspaper, social media or other media advertising space/presence, except
regular "notice board" space
26. Job posting advertising - associations/joumals/trade groups
27. Town logo'd promotional materials except clothing
28. Payments for employment and temporary help/employment agencies
29. Events or programs supporting non-profit organizations
30. Legal fees, expert witness/consultant fees, and other court fees/costs
31. Appraiser
32. Special forensic auditor
33. Land surveyor
34. Real estate agent
35. Arbitrator, mediator, and other similar professionals
36. Suppliers and entertainers for special events and programs
37. Goods, services or construction where one hundred percent (100%) of the total
cost is being paid by or reimbursed by a third party.
By-law Number 5997-17 Page 33
Schedule "B"
Bid Irregularities - Sealed Envelope
For the purposes of this by-law, the following actions shall be taken regarding Bid
Irregularities (as defined in this by-law).
Item
Description
Action
1.
Late Bid.
2.
Bid not submitted at location specified in the
Solicitation.
3.
Bid submitted in other format than specified in
the Solicitation.
4.
Bid not submitted using required forms.
5.
Bid envelope not sealed.
6.
Bid not legible.
7.
Bid Document not signed in ink with an
original signature (if required by Solicitation)
or not signed by all Bidders (if Bid is on behalf
of a joint -venture).
8.
Signature page not provided in the Bid (if
specified and required in the Solicitation).
9.
Pages requiring completion of information or
specification not submitted with the Bid (if
specified and required in the Solicitation).
10.
Failure to submit a list of subcontractors (if
required in the Bid Document).
11.
Unit price in the "price schedule" which has
been changed but not initialed and the unit
price extension/total price is not consistent
Automatic rejection.
with the unit price as amended.
12.
Pricing page(s) not submitted with the Bid (if
specified and required in the Solicitation).
13.
Bid Deposit (if requested) not submitted with
the Bid.
14.
Bid submitted from a Bidder that has not been
pre -qualified, where pre -qualification was
required in the Solicitation.
15.
Bidder did not attending a mandatory site
meeting if required in the Solicitation).
16.
Undertaking to Provide a Bond or Letter of
Credit, or actual Bond not submitted with the
Bid or not original signed copy if requested).
17.
Undertaking to Provide a Bond or Letter of
Credit, or actual Bond, submitted on a form or
in a format not permitted in accordance with
the Bid Document.
18.
Bond, Bid Bond, Undertaking to Bond, or
Agreement to Bond missing: a corporate seal,
proof of authority to bind bonding company,
signature of Bidder, or seal and signature of
surety as applicable).
19.
Incomplete Bid.
Automatic rejection, unless it is stated in the
Solicitation that partial Bids are acceptable,
and the Bid is complete in respect of the
portion of the scope of work or deliverable(s)
that is Bid upon.
If a unit/item price in a Bid is blank, it shall be
interpreted as no charge for that item.
20.
Proposal does not address all components
Missing component will be scored zero. If the
identified in the Bid Document.
component has been identified in the Bid
Document as requiring a response for that
component but no response is given, then
automatic rejection.
21.
All Addenda not acknowledged as specified in
Automatic rejection, unless the relevant
the Bid Document or each addendum (if
addendum issued is solely for the purpose of
issued).
revising a closing date and/or time and the Bid
is received in accordance with revised date
and/or time.
By-law Number 5997-17 Page 34
Item
Description
Action
22.
Bid submitted by a Bidder (or by an affiliate,
Possible rejection. Referred to Bid Review
related entity, principal, officer, or director of
Committee for review, consideration, and
such Bidder), who is in unresolved Litigation
determination. Factors to be considered will
with the Town or is the subject of third party
include, but are not limited to: (a) the severity,
claims involving the Town.
materiality, and nexus between the Litigation
and the work for which the Bid is submitted;
(b) where the Town has been named as
plaintiff or defendant pursuant to a subrogated
interest, an appropriate arrangement has been
made to indemnify the Town; and (c) the
Bidder's performance under previous
Contracts with the Town, the Town's claims
history with the Bidder, and an assessment of
the overall risk and total cost in entering into a
Contract with the Bidder.
23.
Alterations, additions, deletions or qualifying
Automatic rejection, unless in the opinion of the
statements (referred to as a "variation") made
Bid Review Committee, such variation is
to the Bid Documents or provided with the
considered to be immaterial to the Town.
Bid.
24.
Alternate and/or substitute items bid in whole
Rejection of any alternative and/or substitute
or in part that were not requested in the
items not requested by the Solicitation.
Solicitation.
25.
Bids containing minor clerical errors
If in the opinion of the Procurement Manager
the errors are of a minor nature and are not
material to the Bid, they can be waived at the
option of the Procurement Manager.
Otherwise, the Bid shall be rejected. May be
referred to the Bid Review Committee for final
determination.
26.
Strikeouts, erasures, whiteouts, or overwrites
Automatic rejection, unless in the opinion of the
made to the Bid form, not initialed by an
Procurement Manager, the failure to initial is
authorized person.
minor in nature and is not material to the
determination of the Bid. Otherwise, the Bid
shall be rejected. May be referred to the Bid
Review Committee for final determination.
27.
Mathematical errors for total price which are
Bidders shall accept corrections to total bid
not consistent with the unit price or
price or tax calculation that is made by the
mathematical errors such as tax calculation
Procurement Manager. Unit prices shall
errors.
always govern.
28.
Unit price in the "price schedule" which has
Bid will be accepted unless, in the opinion of
been changed but not initialed and the unit
the Procurement Manager, the changes to the
price extension/total price is consistent with
unit prices create ambiguity and uncertainty —
the unit price as amended.
in such case, the Bid shall be rejected. May be
referred to the Bid Review Committee for final
determination.
29.
Bid Deposit (if requested) contains insufficient
Automatic rejection unless insufficient amount
funds as called for in the Bid Document.
is de minimis $2.00 or less).
30.
Other Bid Irregularities
Referred to the Bid Review Committee for
review, consideration, and determination.
By-law !Number 5997-17 Page 35
By-law Number 5997-17 Page 36
Schedule “C”
Bid Irregularities – Electronic Bidding
For the purpose of this by-law, the following actions shall be taken regarding Bid
Irregularities (as defined in this by-law).
Item Description Action
1. Bid not submitted as specified in the
Solicitation.
Automatic rejection.
2. Bid submitted in other format than specified
in the Solicitation.
3. Bid not submitted using required forms.
4. Bid not signed with a signature (if required
by the Solicitation) or not signed by all parties
(if Bid is on behalf of a joint-venture).
5. Signature page not provided in the Bid (if
specified and required in the Solicitation).
6. Pages requiring completion of information or
specification not submitted with the Bid (if
specified and required in the Solicitation).
7. Failure to submit a list of subcontractors (if
required in Bid Document).
8. Unit price extension/total price is not
consistent with the unit price as amended.
9. Bid Deposit (if requested) not submitted with
the Bid.
10. Bid submitted from a Bidder that has not
been pre-qualified, where pre-qualification
was required in the Solicitation.
Bidder did not attend the mandatory site
meeting (if required in the Solicitation).
11. Undertaking to Provide a Bond or Letter of
Credit, or actual Bond, submitted on a form or
in a format not permitted in accordance with
the Bid Document.
12. Proposal does not address all components
identified in the Bid Document.
Missing component will be scored zero. If the
component has been identified in the Bid
Document as requiring a response for that
component but no response is given, then
automatic rejection.
13. Bid submitted by a Proponent (or by an
affiliate, related entity, principal, officer, or
director of such Proponent), who is in
unresolved Litigation with the Town or is the
subject of third party claims involving the
Town.
Possible rejection. Referred to Bid Review
Committee for review, consideration, and
determination. Factors to be considered will
include, but are not limited to: (a) the severity,
materiality, and nexus between the Litigation and
the work for which the Bid is submitted; (b) where
the Town has been named as plaintiff or
defendant pursuant to a subrogated interest, an
appropriate arrangement has been made to
indemnify the Town; and (c) the Bidder’s
performance under previous Contracts with the
Town, the Town’s claims history with the Bidder,
and an assessment of the overall risk and total
cost in entering into a Contract with the Bidder.
14. Alterations, additions, deletions or qualifying
statements (referred to as a “variation”) made
to the Bid Documents or provided with the
Bid.
Automatic rejection, unless in the opinion of the
Bid Review Committee, such variation is
considered to be immaterial to the Town.
15. Alternate and/or substitute items bid in whole
or in part that were not requested in the
Solicitation.
Rejection of any alternative and/or substitute
items not requested by the Solicitation.
16. Bids containing minor clerical errors. If in the opinion of the Procurement Manager the
errors are of a minor nature and are not material
to the Bid, they can be waived at the option of the
Procurement Manager. Otherwise, the Bid shall
be rejected. May be referred to the Bid Review
Committee for final determination.
Item
Description
Action
17.
Bid Deposit (if requested) contains
Automatic rejection unless insufficient amount is
insufficient funds as called for in the Bid
de minimis ($2.00 or less).
Document.
18.
Other Bid Irregularities.
Referred to the Bid Review Committee for review,
consideration, and determination.
By-law Number 5997-17 Page 37
Schedule "D"
Bid Thresholds
For the purpose of this by-law, the following are the required Procurement methods,
approval Authority, reporting requirements, and Contract requirements for the specified
amount thresholds.
Dollar
Thresholds
Method of
Source of Bids
Approval/
Contract
(Excluding
Procurement
(Advertising)
Report To
Award
Type
Taxes)
1. Bids and Proposals
Purchases made from
the competitive
marketplace where
Town staff as
Up to
$5,OOO.DD
Low Value Purchase
possible and
practicable. Obtaining
Not applicable
delegated by the
applicable
Invoice (may pay
(LVP)
a minimum of three (3)
Department
with P-Card)
written quotes where
Head
possible.
Advertising is not
required.
Informal
Quick Bid Request for
(a) Advertising is
Quotation
(OB-RFO)
required in such
$5,000.01 to
-or-
manner as directed by
Department
Purchase Order
$30,000.00
Informal
procurement Manager Not applicable
Head
Quick Bid Request for
(b) Solicitation to list of
Proposal
pre -qualified Bidders;
(QB-RFP)
Formal
Purchase Order
Request for Quotation
and Contract
$30,OOD.D1 to
(RFQ)
- or -
Advertising is required
in such manner as
Not applicable
Department
(executed by the
$100,000.00
Formal
directed by the
Head
applicable
Request for Proposal
Procurement Manager
Department
Head)
(RFP)
Formal Council Purchase Order
Request for Tender
Advertising is required (from the and Contract
(RIFT)
Over in such manner as applicable Council (executed by the
$100,000.00 Forma! directed by the Department Mayor and Town
Request for Proposal Procurement Manager Head or Clerk as per
(RFP) designate) Council direction)
2. Emergency Purchases
Up to $50,000.00
Not applicable
Advertising not
required
Not applicable
Department
Head
P-Card or
Emergency
Purchase Order
$50,000.01 to
Not applicable
Advertising not
Not applicable
GAO
Emergency
$100,000.00
required
Purchase Order
Council
as soon as
reasonably
possible by
the CAO
Emergency
explaining
Purchase Order
actions taken
and Contract (if
Over $100.000.00
Not applicable
Advertising not
required
and reasons
therefore
CAO
emergency
(may be after
situation permits;
the
executed by the
CAO)
emergency is
over and after
Purchase is
Awarded)
By-law Number 5997-1 i Page 38
Dollar
Thresholds
Method of
Source of Bids
Report To
ApprovaV
Contract
(Excluding
Procurement
(Advertising)
Award
Type
Taxes)
3. Sole Source, Single Source, Co-operative Purchasing, & Piggyback
Sole Source,
Up to $5,000.00
Single Source,
Co-operative
Advertising not
required
Not applicable
Department
Head
Invoice (may pay
with P-Card)
Purchasing, or
Piggyback
Sole Source,
$5,000.01 to
Single Source,
Co-operative
Advertising not
Not app
applicable
Department
Head
Purchase Order
$50,000.00
Purchasing, or
required
Piggyback
Sale Source,
CAO
(from the
Purchase Order
$50,000.01 to
Single Source,
Co-operative
Advertising not
applicable
CAO
and Contract
$100.000.00
Purchasing, or
required
Department
(executed by the
Piggyback
Head or
designate)
CAO)
Council
Purchase Order
Sole Source,
(from the
and Contract
Over $100,000.00
Single Source,
Co-operative
Advertising not
required
applicable
Department
Council
(executed by the
Mayor and Town
Purchasing, or
Head or
Clerk as per
Piggyback
designate)
Council direction)
4. Determination of Availability of
Goods and Services
Request for Expressions
Advertising Is required
in such manner as
of Interest
directed by the
Not applicable
(RFEI)
Procurement Manager.
Not applicable
Not applicable
Not applicable
_ or -
Request for Information
May be followed by
(RFI)
another Procurement
method.
5. Pre -Qualification and Multi -Step Bids
May be used in
conjunction with
Request for Pre-
Advertising is required
As specified in
As specified In
As specified In
another
Oualiftcation
In such manner as
related
related
related
Procurement
- or -
directed by the
Procurement
Procurement
Procurement
method listed In
Schedule "D" —
Multi -Step Bid Call
Procurement Manager
method
method
method
Bid Thresholds
Methods of Procurement listed in this Schedule are minimum methods only in accordance
with sections 11, 12, and 13 of this by-law. Formal Requests for Tender (RFT) and Formal
Requests for Proposal (RFP) may be used for any dollar thresholds at the discretion of the
applicable Department Head. Similarly, Council approval to Award may also be sought at
the discretion of the applicable Department Head or the CAO.
All Contracts that are to be executed and required by this Schedule "D" — Bid Thresholds
shall be reviewed and approved as to form by Legal Services prior to execution.
By --law Number 5997-17 Page 39