BYLAW - Procurement Bylaw - 20220222 - 640422The Corporation of the Town of Aurora
By-law Number 6404-22
Being a By-law to enact a new Procurement Policy
for 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 May 8, 2018, The Corporation of the Town of Aurora (the "Town")
passed a by-law regarding its Procurement of goods and services, being By-law Number
6076-18;
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 6076-18;
And whereas it is then deemed necessary and expedient to repeal By-law Number
6076-18;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. By-law Number 6076-18, as amended, and all previous by-laws and policies passed
under paragraph 3 of subsection 270(1) of the Municipal Act, 2001, S.O. 2001, c.
25., or any predecessor thereof, are repealed in their entirety, including all sections,
schedules, and amendments.
2. The Town of Aurora Procurement Policy, attached hereto as Appendix "A", is
hereby adopted and enacted as the policy for the procurement of goods and
services for the Town, pursuant to paragraph 3 of subsection 270(1) of the
Municipal Act, 2001, S.O. 2001, c. 25.
Enacted by Town of Aurora Council this 22"d day of February, 2022.
Mrakas, Mayor
Michael de Rond, Town Clerk
Town of Aurora Procurement Policy
Table of Contents
PROCUREMENT POLICY ............................................................................................................. 2
SECTION 1 – PURPOSE AND PRINCIPLES ............................................................................................. 2
SECTION 2 – INTERPRETATION AND APPLICATION ........................................................................... 2
SECTION 3 – ETHICAL CONDUCT AND CONFLICTS OF INTEREST ................................................... 5
SECTION 4 – ROLES AND RESPONSIBILITIES ....................................................................................... 5
SECTION 5 – ESTABLISHMENT OF SUPPLY ARRANGEMENTS ......................................................... 8
SECTION 6 – PROCUREMENT OF DELIVERABLES ................................................................................ 9
SECTION 7 – SUPPLIER RELATIONS AND CONTRACT MANAGEMENT .......................................... 13
SECTION 8 – PROCUREMENT RECORD-KEEPING .............................................................................. 14
SECTION 9 – COMPLIANCE MONITORING AND REPORTING ........................................................... 15
SECTION 10 – GREEN PROCUREMENT ................................................................................................ 16
SCHEDULE A – GLOSSARY OF TERMS ................................................................................................. 17
SCHEDULE B – EXCLUSIONS ................................................................................................................. 21
SCHEDULE C – PROCUREMENT THRESHOLDS .................................................................................. 24
SCHEDULE D – THRESHOLD AND AUTHORIZATION SCHEDULE ..................................................... 25
SCHEDULE E – SUPPLIER CODE OF CONDUCT ................................................................................... 31
Page 1
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APPENDIX A
PROCUREMENT POLICY
SECTION 1 – PURPOSE AND PRINCIPLES
1.1 Purpose
The purpose of this policy is to detail the principles, procedures, roles, and responsibilities
for the Town’s Procurement operations.
1.2 Principles
The Town is committed to conducting its Procurement operations in accordance with the
following principles:
•compliance and consistency with applicable legislation, trade agreements,
policies, and procedures;
•open, fair, and transparent processes that afford equal access to all qualified
Suppliers;
•reciprocal non-discrimination and geographic neutrality with respect to its trading
partners in accordance with trade treaty obligations;
•achieving best value through consideration of the full range of Procurement
formats and the adoption of commercially reasonable business practices;
•effective balance between accountability and efficiency; and
•ensuring adherence to the highest standards of ethical conduct.
SECTION 2 – INTERPRETATION AND APPLICATION
2.1 Defined Terms
Terms used in this policy are defined in the Glossary of Terms (Schedule A).
2.2 Application
This policy applies to the Procurement of all Deliverables with the exception of the
exclusions set out in Schedule B of this policy. Procurement includes the acquisition of
Deliverables by purchase, rental, or lease.
This policy does not apply to:
•Contracts or agreements relating to hiring of employees or employee
compensation or reimbursement of employee expenses;
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•Contracts or agreements for the sale, purchase, lease or license of land or existing
buildings; or
•Procurement conducted by Central York Fire Services, the Aurora Public Library
Board or any municipal services corporation established by the Town.
2.3 Authorization Schedule
The Authorization Schedule (Schedule D) sets out the authorities for:
a)initiating a procurement;
b)conducting a Procurement process and approving the award of a Contract;
c)issuing Purchase Orders and signing Contracts on behalf of the Town; and
d)approving amendments to existing Contracts.
2.4 Procurement Protocols and Procedures
Procurement Services is responsible for developing and maintaining detailed protocols
and procedures to support this policy. All procurements covered by this policy must be
conducted in accordance with all applicable protocols and procedures.
2.5 Emergency Purchases
Notwithstanding any other provisions of this policy, where an emergency exists and prior
approval of the Procurement Manager cannot be obtained, a Department Head, or their
designate, may authorize any officer or employee to acquire required Deliverables in an
expedited manner.
For greater certainty, an emergency Procurement includes any other expenditure that is
necessary to respond to or effectively manage any Town emergency, or as required under
the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, as amended.
Emergency procurements shall only be to the extent necessary to mitigate the immediate
threat or 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 policy.
Situations of urgency resulting from the failure to properly plan for a Procurement do not
constitute an emergency.
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2.5.1 Purchases During a Declared Emergency or Similar
During an emergency declaration or similar situation where 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 an emergency
intervention is approved, this policy is suspended only for purchases that relate directly
or indirectly to the emergency situation. All other routine Procurement activities of the
Town during the emergency, but unrelated, remain subject to this policy.
Purchases relating to the situation to contain and manage the emergency situation shall
be authorized as set out in the Municipal Emergency Management Response Program
and the Town’s Treasurer shall prepare the required accountability and financial reports
for Council for information following the termination of the emergency.
2.5.2 Emergency Procurement not Related to a Declared Emergency
An emergency Procurement 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 or
threatened: (a) public health; (b) the maintenance of essential Town services; (c) the
safety or welfare of persons or of public property; or (d) the security of the Town’s
interests; but such emergency Procurement is only permitted where time does not permit
open competitive bidding or obtaining invitational quotations.
2.6 Co-operative Purchasing
The Town may participate in co-operative or joint purchasing initiatives with other
government agencies or public authorities where such initiatives are determined by the
Procurement Manager to be in the best interests of the Town to do so. If the Town
participates in such co-operative or joint purchasing initiatives, the Town may adhere to
the policies of the entity conducting the purchasing process, provided that such policies
comply in spirit with this policy. If the Town is leading a co-operative or joint purchasing
initiative, this policy will be followed.
2.7 Piggyback Purchasing
The Town may piggyback on an existing procurement by accepting the results of a
competitive Procurement process of another government agency or public authority
where the provisions of the original Solicitation Document allow for such a piggyback, or
when the Supplier is willing to do so, and it is believed by the Procurement Manager it is
in the best interest of the Town to do so. Piggyback Procurements shall be considered a
Non-Standard Procurement and shall comply with the reporting and approval
requirements set out in Schedule “D" - Threshold and Authorization Schedule that apply
to Non-Standard Procurements.
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SECTION 3 – ETHICAL CONDUCT AND CONFLICTS OF INTEREST
3.1 Conduct and Conflicts of Interest
The Town’s Procurement activities must be conducted with integrity, and all individuals
involved in the Town’s Procurement activities must act in a manner that is consistent with
the principles and objectives of this policy and in accordance with the Town’s Code of
Conduct, and the Council Code of Conduct.
All participants in a Procurement process, including any outside consultants or other
service providers participating on behalf of the Town, must declare any perceived,
possible, or actual conflicts of interest.
“Conflict of interest,” when applied to the activities of the Town and its Suppliers, means
a conflict or tension between one’s private interests and one’s public or fiduciary duties.
3.2 Supplier Conduct and Conflicts of Interest
The Town requires its Suppliers to act with integrity and conduct business in an ethical
manner.
All Suppliers participating in a Procurement process or providing Deliverables to the Town
must declare any perceived, possible, or actual conflicts of interest and must conduct
themselves in accordance with the Supplier Code of Conduct in Schedule E of this policy.
The Town may refuse to do business with any Supplier that has engaged in illegal or
unethical bidding practices, has an actual or potential conflict of interest or an unfair
advantage, or fails to adhere to ethical business practices.
SECTION 4 – ROLES AND RESPONSIBILITIES
4.1 Role and Responsibilities of Council
It is the role of Council to establish policy and approve expenditures through the Town’s
budget-approval process. Through this policy, Council delegates to the Town’s officers
and employees the authority to incur expenditures in accordance with approved budgets
through the Procurement of Deliverables in accordance with the rules and processes set
out in this policy and applicable protocols and procedures. Council will not generally be
involved in the day-to-day Procurement operations or individual Procurement processes,
except to the extent that the approval of Council is required under this policy or in the
event that an exception to this policy is required.
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4.2 Roles and Responsibilities of Employees
Specific responsibilities pertaining to all stages of a Procurement process, from the initial
identification of requirements through to the management of Contracts with Suppliers,
are detailed in this policy and applicable protocols and procedures. In addition to those
specific responsibilities, the general roles and responsibilities delegated to the Town’s
employees are set out below.
4.2.1 Procurement Manager
It is the role of Procurement Services to lead the Town’s Procurement operations. In
fulfilling this role, the Procurement Manager, or designate, is responsible for:
a)ensuring the consistent application of this policy and the provision of Procurement
services to the Departments efficiently and diligently;
b)developing Procurement strategies and continually analyzing business
requirements and spending patterns to identify opportunities for more strategic
sourcing;
c)researching, developing, maintaining, updating, and communicating Procurement
protocols, procedures, and templates;
d)addressing any issues or concerns that arise in respect of a Procurement process
and seeking guidance, support, and advice of Legal Services, as required; and
e)providing appropriate orientation, training, and tools to employees involved in
Procurement activities.
4.2.2 Department Heads
It is the role of the Departments to ensure that their requirements for Deliverables are met
in accordance with the principles and objectives of this policy. In fulfilling this role,
Department Heads are responsible for ensuring that their Department complies with this
policy and all applicable protocols and procedures, encouraging sound Procurement
practices and ensuring the provision of appropriate education and training to employees
involved in Procurement activities.
Department Heads will be held accountable for any decision to proceed with a
Procurement process or transaction that is not conducted in accordance with this policy
or does not have the approval of Procurement Services.
4.2.3 Department Employees
Employees of all Departments are responsible for complying with this policy. Department
employees involved in Procurement activities must understand their obligations and
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responsibilities under this policy and all applicable protocols and procedures, and they
should consult with Procurement Services in respect of any questions regarding the
application or interpretation of this policy or any relevant procedures.
4.2.4 Procurement Services Employees
Employees of Procurement Services are responsible for complying with this policy and
ensuring this policy and all protocols and procedures are applied consistently. Employees
of Procurement Services are responsible for:
a)providing strategic support, consultation and procurement services to the
Departments efficiently and diligently;
b)assisting with the development of Procurement strategies and analysis of
business requirements and spending patterns to identify opportunities for more
strategic sourcing;
c)communicating Procurement protocols, procedures, and templates to the Town;
and
d)training clients on the procurement policy, protocols and forms.
Employees of Procurement Services must understand their obligations and
responsibilities under this policy and all applicable protocols and procedures, and are
responsible for complying with this policy and ensuring consistent application of this
policy. Employees of Procurement Services should consult with the Procurement
Manager in respect of any questions regarding the application or interpretation of this
policy.
Employees of Procurement Services must understand their obligations and
responsibilities under this policy and all applicable protocols and procedures, and they
should consult with the Procurement Manager in respect of any questions regarding the
application or interpretation of this policy, and the protocols and procedures.
4.2.5 Legal Services
It is the role of Legal Services to provide legal advice and assistance on the Town’s
Procurement activities and its relationships with Suppliers. In fulfilling this role, Legal
Services is responsible for:
a)advising the Procurement Manager as required on legal issues arising from
Procurement activities and reviewing and approving specific Solicitation
Documents and related documentation referred for legal review by the
Procurement Manager;
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b)providing advice on the finalization of Contracts and agreements and reviewing
and advising on proposed changes to the Town’s standard terms and conditions,
legal agreements, and Solicitation Document templates; and
c)providing legal advice and counsel to the Town in the event of a Contract dispute
or legal challenge flowing from a Procurement process.
4.3 Procurement Governance Committee
Procurement Governance Committee (“PGC”) is hereby established for the purpose of
making determinations under:
(a)the Procurement Protest Protocol;
(b)the Supplier Suspension Protocol; and
(c)the Non-Standard Procurements authority to procure between $100,000 and under
$250,000,
and for considering and providing input on other Procurement matters that may be
referred to it by the Procurement Manager.
Meetings and deliberations of the PGC will include the Procurement Manager and at least
two members of the Executive Leadership Team or employees of the Town. Legal
Services will provide guidance and advice to the PGC, as required.
SECTION 5 – ESTABLISHMENT OF SUPPLY ARRANGEMENTS
5.1 Recurring Requirements
Before initiating a Procurement, Departments must consider the availability of existing
supply arrangements. If the Deliverables will be required on a frequent or regularly
recurring basis, and there is no existing supply arrangement, the Department must
consult with Procurement Services about the possibility of establishing a Standing Offer
or Qualified Supplier Roster.
5.2 Standing Offers
Standing Offers may be established for standardized Deliverables to be purchased by all
Departments, where:
(a)the requirements for Deliverables are recurring and predictable over an extended
period of time;
(b)the requirements are standard and clearly defined at the time of establishment of
the Standing Offer; and
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(c)it is possible to fix pricing for the Deliverables for the duration of the Standing
Offer.
The establishment of a Standing Offer does not create a contractual commitment to
procure Deliverables from the Supplier. The commitment to purchase against a Standing
Offer is formed at the time a specific order is placed through the issuance of a Purchase
Order to the Supplier.
The Procurement Manager is authorized to establish Standing Offers through an Open
Competition. The Open Competition will be managed by Procurement Services, with the
co-operation and involvement of subject-matter experts from the relevant Department(s).
If multiple Standing Offers are established for the same goods or services, clear ranking
methodologies and call-up procedures must be specified.
5.3 Qualified Supplier Rosters
Qualified Supplier Rosters may be established to prequalify Suppliers that will be eligible
to compete for individual work assignments involving the delivery of a particular type of
Deliverables, as and when required.
The establishment of a Qualified Supplier Roster does not create a contractual
commitment to procure Deliverables from any of the Suppliers. When Deliverables are
required, a Roster Competition will be conducted for the purposes of awarding a contract
to one of the qualified Suppliers.
The Procurement Manager is authorized to conduct Open Framework Competitions to
establish Qualified Supplier Rosters. The Open Framework Competition will be managed
by Procurement Services, with the co-operation and involvement of the Department(s), in
accordance with the Qualified Supplier Roster Protocol.
SECTION 6 – PROCUREMENT OF DELIVERABLES
6.1 Procurement Planning
Effective Procurement planning is essential to ensuring an effective result and to limit
risk to the Town. Departments must follow the Procurement Planning Protocol and
ensure that they leave sufficient time to plan for a procurement, including time for:
a)developing proper specifications and business requirements;
b)obtaining internal reviews;
c)conducting a Competitive Process, as required; and
d)obtaining necessary approvals.
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6.2 Market Research
Where the Department is uncertain about the Deliverables required or where there is
insufficient internal knowledge about the market, the Department must consult with
Procurement Services about conducting a Request for Information (“RFI”) process. An
RFI process must be conducted by Procurement Services, and be openly posted in order
to gather market research from prospective Bidders. It must not be used as a pre-
qualification tool.
6.3 Procurement Value
It is important to accurately estimate the value of the Procurement to determine the
appropriate Procurement method and ensure compliance with the requirements of this
policy. Possible extension years must be included in the calculation of the Procurement
Value. Departments must refer to the Procurement Planning Protocol for additional
guidance on determining the Procurement Value.
6.4 Contract-Splitting
Subdividing, splitting or otherwise structuring Procurement requirements or contracts in
order to reduce the value of the Procurement or in any way circumvent the requirements
or intent of this policy is not permitted.
6.5 Initiating Procurement
Unless specifically permitted under this policy or the Procurement protocols or
procedures, Departments are not permitted to procure Deliverables or engage with
potential Suppliers regarding the Procurement of Deliverables without the involvement of
Procurement Services. All procurements must be initiated in accordance with the
Procurement Planning Protocol.
6.6 Procurement Authorization
Before any Procurement process begins, authorization of the Procurement and
delegation of authority to procure must be obtained in accordance with the Authorization
Schedule.
6.7 Standard Procurement Methods
Depending on the nature, value, and circumstances of the Procurement, the Town may
procure Deliverables through the standard Procurement methods outlined below in this
Section. The various thresholds are set out in Schedule C of this policy.
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6.7.1 Existing Supply Arrangement
6.7.1.1 Ordering from Standing Offer
When a Standing Offer is available, its use is mandatory for all Departments. To purchase
from a Standing Offer, Departments should process orders directly with the Supplier. The
purchase from a Standing Offer can be made through P-Card or Purchase Order referring
to the Standing Offer details should be created and sent to the Supplier as per the
Contract. The Purchase Order referencing the Standing Offer and reflecting the prices and
terms and conditions of the Standing Offer will be created and issued to the Supplier by
the Department.
6.7.1.2 Roster Competition
If the Deliverables are available under an existing Qualified Supplier Roster, they must be
acquired through a Roster Competition.
Roster Competitions will be managed by Procurement Services, with the co-operation and
involvement of the Department, in accordance with the Qualified Supplier Roster Protocol.
6.7.2 Low-Value Procurement
Where the Procurement Value is below the Low-Value Purchase Threshold and the
Deliverables are not covered under an existing Standing Offer or Qualified Supplier Roster,
Departments may make Low-Value Procurements without the involvement of
Procurement Services.
It is the responsibility of the Department to determine if there is an existing Standing Offer
or Qualified Supplier Roster for the required Deliverables before making a purchase. When
available, the Deliverables must be purchased in accordance with the terms of the
Standing Offer or in accordance with the Qualified Supplier Roster Protocol.
For Low-Value Procurements, the Department is only required to obtain one quote and
may acquire the Deliverables using a corporate purchasing card or by submitting a
Purchase Order requisition to be approved by the Manager or Department Head based on
the individual’s Financial Authority.
Where practical, Departments are encouraged to obtain multiple quotes to ensure they
are obtaining the best value. Quotes may be obtained through advertisements or Supplier
catalogues or by contacting the potential Supplier(s) by telephone or email.
The Department Head is responsible and accountable for Low-Value Procurements and
may authorize specific individuals within the Department to make Low-Value
Procurements and may assign specific spending authority limits, in accordance with the
individual’s Financial Authority.
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If a Department anticipates making multiple Low-Value Procurements of the same
Deliverables and the total value of those purchases may exceed the applicable Low-Value
Purchase Threshold, the Department must contact Procurement Services to discuss the
possibility of setting up a Standing Offer or Qualified Supplier Roster.
6.7.3 Mid-Value Procurement (Invitational Competition)
A Mid-Value Procurement uses an Invitational Competition, in which Bids are solicited
from a minimum of three Suppliers, and is the standard method of Procurement when the
Procurement Value is between the Low-Value Purchase Threshold and the Open
Competition Threshold. For Mid-Value Procurements, the Department may acquire the
Deliverables by submitting a Purchase Order requisition to be approved by the Manager
or Department Head based on the individual’s Financial Authority.
The Department Head is responsible and accountable for ensuring that the process is
conducted in accordance with the Invitational Competition Protocol.
Open Competition may be conducted in lieu of a Mid-Value Procurement, where the
Procurement Manager, in consultation with the Department, determines that it would be
in the Town’s best interest.
6.7.4 Open Competition
An Open Competition, in which Bids are solicited from all interested Suppliers through a
publicly posted Solicitation Document, is the standard method of Procurement when the
Procurement Value equals or exceeds the Open Competition Thresholds.
Open Competitions must also be used to establish Standing Offers.
Open Competitions may include two-stage Procurement processes in which a pre-
qualification process is conducted by soliciting and evaluating submissions from all
interested Suppliers in order to establish a short list of prequalified Suppliers that will be
eligible to submit a Bid in response to a second-stage Solicitation Document. A two-stage
Procurement process may be used whenever determined appropriate by the Procurement
Manager.
Open Competitions will be managed by Procurement Services, with the co-operation and
involvement of the Department, in accordance with the Open Competition Protocol.
6.8 Non-Standard Procurement
Non-Standard Procurement means the acquisition of Deliverables through a method
other than the standard method for the type and value of the Deliverables, as set out
above under Section 6.7.
Non-standard Procurement methods include:
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a) acquiring Deliverables directly from a particular Supplier without conducting a
Competitive Process when an Invitational Competition or an Open Competition
would normally be required; and
b) soliciting Bids from a limited number of Suppliers without conducting an open pre-
qualification process when an Open Competition would normally be required.
The use of a Non-Standard Procurement process is permitted only under the specific
circumstances set out in the Non-Standard Procurement Protocol and must be approved
in accordance with the Non-Standard Procurement Protocol.
Under no circumstances will a Non-Standard Procurement be used for the purpose of
avoiding competition among Suppliers or in a manner that discriminates against or
advantages Suppliers based on geographic location.
6.9 Contract Award and Finalization
Contracts must be awarded in accordance with this policy and the applicable protocol(s)
governing the Procurement process and must be authorized in accordance with the
Authorization Schedule.
A Contract may be entered into through the execution of a legal agreement and/or the
issuance of a Purchase Order evidencing the contract. The Contract must be entered into
prior to the delivery or provision of the Deliverables. No work shall commence without a
Purchase Order having been issued with sufficient funds available for the work.
The Procurement Manager has delegated authority to issue Purchase Orders on behalf
of the Town. Agreements must be signed in accordance with the Authorization Schedule.
No Contract may be entered into, either through the issuance of a Purchase Order or the
execution of an agreement, unless:
a)approved funding in an amount sufficient to cover the Procurement Value is
available;
b)the Procurement process was conducted in accordance with this policy; and
c)applicable protocols and all required authorizations have been obtained.
SECTION 7 – SUPPLIER RELATIONS AND CONTRACT MANAGEMENT
7.1 Debriefings
Where the Town has conducted an Open Competition, unsuccessful Suppliers may
request a debriefing. Debriefings must be conducted in accordance with the Bidder
Debriefing Protocol.
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7.2 Procurement Protests
Suppliers may formally protest the outcome of a Procurement process. Procurement
protests must be managed and responded to in accordance with the Procurement Protest
Protocol.
7.3 Contract Management
All contracts for Deliverables must be managed by the Department in accordance with
the Contract Management Protocol. Master Framework Agreements will be managed by
Procurement Services in accordance with the Qualified Supplier Rosters Protocol.
7.4 Contract Extensions or Amendments
Contract extensions and amendments must not be used to expand a Contract beyond
what was contemplated under the terms of the Contract and the original Procurement
process or to circumvent the need to procure additional Deliverables through a
Competitive Process in accordance with this policy.
If a Contract amendment results in a net increase to the Contract value previously
approved, the amendment must be approved in accordance with the Contract
Management Protocol and the Authorization Schedule.
7.5 Supplier Performance
The performance of a Supplier under Contract must be monitored and tracked in
accordance with the Supplier Performance Evaluation Protocol.
7.6 Supplier Suspension
Suppliers can be suspended from participating in future Procurement processes in
accordance with the Supplier Suspension Protocol.
SECTION 8 – PROCUREMENT RECORD-KEEPING
8.1 Supplier Information
The Town must ensure that Supplier information submitted in confidence in connection
with a Procurement process or Contract is adequately protected. Procurement Services
and the Departments must ensure that all Bids and Contracts are kept in a secure location
and are only accessible by those individuals directly involved with the Procurement or
management of the Contract.
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8.2 Procurement Records
The maintenance, release, and management of all Procurement records must be in
accordance with the Town’s policies and procedures on document management and
access to information and the Municipal Freedom of Information and Protection of Privacy
Act.
Procurement Services is responsible for ensuring that all documentation relating to a
Procurement is properly filed and maintained in a Procurement project file.
Documentation and reports regarding Procurement processes and Contract awards
(including Non-Standard Procurements) and data necessary to trace the process
conducted electronically must be maintained as required under the Town’s document
management policies.
SECTION 9 – COMPLIANCE MONITORING AND REPORTING
9.1 Compliance Monitoring
Non-compliance with this policy may expose the Town to the risk of Supplier complaints,
reputational damage, Bid disputes, legal challenges, and may comprises the integrity,
fairness, openness, and transparency of the process.
Department Heads are required to observe and address non-compliance with this policy
within their Departments. Where instances of non-compliance are identified, the
Department Head is expected to notify the Procurement Manager and obtain advice; (a)
with respect to mitigating potential risks to the Town arising from the non-compliance;
and (b) to ensure future non-compliance is avoided.
The Procurement Manager is responsible for monitoring compliance across the
organization. Based on the results of compliance monitoring, reports outlining instances
of non-compliance will be issued by the Procurement Manager to the relevant Department
Head. The Department Head must address the identified compliance concerns and
submit a written confirmation of actions taken to the Procurement Manager. Ongoing
concerns with respect to compliance will be subject to internal audit.
The Procurement Manager will address noncompliance in accordance with the
procedures established under the Non-Compliance Reporting and Remediation Protocol.
9.2 Audit
All Procurement activities will be subject to audit by York Region Audit Services.
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9.3 Reporting
The Procurement Manager will prepare and submit to Council a quarterly report
summarizing the Town’s Procurement activities, including:
(a)Non-standard Procurements; and
(b)Procurements over $250,000.
SECTION 10 – GREEN PROCUREMENT
10.1 Green Procurement
Town staff are responsible for ensuring that their procurements address the Town’s
green procurement objectives in a manner consistent with the Green Procurement Policy.
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SCHEDULE A – GLOSSARY OF TERMS
“Bid” means a submission in response to a Solicitation Document, and includes
proposals, quotations, or responses.
“Bidder” means a Supplier that submits a Bid, and includes proponents and respondents.
“CAO” means the Chief Administrative Officer for the Town.
“Competitive Process” means the solicitation of Bids from multiple Suppliers.
“Contract” means a commitment by the Town for the Procurement of Deliverables from
a Supplier, which may be evidenced by an agreement executed by the Supplier and the
Town, or a Purchase Order issued by the Town to the Supplier.
“Contract Administrator” means an employee assigned to the management of a
Contract.
“Council” means the elected Council of the Town.
“Deliverables” means any goods, services, or construction, or combination thereof.
“Department” means the department of the Town that is requisitioning the purchase of
the Deliverables.
“Department Head” means a Director (or 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.
“Department Lead” means the Department employee assigned primary responsibility for
a Procurement.
“Division” means the division of the Town that is requisitioning the purchase of the
Deliverables.
“Division Manager” means the Manager, or their designate, of the Town who is
responsible for a Division.
“Financial Authority” refers to the Town’s financial authority registry which outlines the
signing authority for individual Town employees.
“Invitational Competition” means a Competitive Process in which an invitation to submit
Bids is issued to at least three Suppliers.
“Legal Services” means the Town’s Legal Services division.
By-law Number 6404-22 Page 18 of 33
“Low-Value Procurement” means any Procurement of Deliverables with a value below the
Low-Value Purchase Threshold set out in Schedule C, except where the Procurement is
made through an existing Standing Offer or Qualified Supplier Roster.
“Low-Value Purchase Threshold” means the maximum value for a Procurement of
Deliverables that the Town may procure without proceeding with an Open Competition.
“Master Framework Agreement” means a master agreement entered into between the
Town and the prequalified Suppliers that have been included on a Qualified Supplier
Roster.
“Mid-Value Procurement” is an Invitational Competition where bids are sought from
three suppliers.
“Non-Standard Procurement” means the acquisition of Deliverables through a process
or method other than the standard method required for the type and value of the
Deliverables. Non-standard Procurement methods include:
a)acquiring Deliverables directly from a particular Supplier without conducting a
Competitive Process when an Invitational Competition or an Open Competition would
normally be required; and
b)soliciting Bids from a limited number of Suppliers without conducting an open pre-
qualification process when an Open Competition would normally be required.
“Open Competition” means the solicitation of Bids through a publicly posted Solicitation
Document.
“Open Competition Threshold” means the minimum value for a Procurement that the
Town must procure using an Open Competition.
“Open Framework Competition” means the Competitive Process used to establish a
Qualified Supplier Roster and provide for an ongoing application process during the term
of the Qualified Supplier Roster, as further described in the Qualified Supplier Rosters
Protocol.
“Performance Evaluation Report” means a report evaluating a Supplier’s performance in
accordance with the Supplier Performance Evaluation Protocol, and includes both Interim
and Final Performance Evaluation Reports.
“Procurement” means the acquisition of Deliverables by purchase, rental, or lease.
“Procurement Governance Committee” (“PGC”) means the committee established by the
Town under the Procurement Policy for the purposes of considering and making
determinations on procurement-related matters, including determinations under the
Procurement Protest Protocol, and the Supplier Suspension Protocol.
By-law Number 6404-22 Page 19 of 33
Town of Aurora Procurement Policy
“Procurement Manager” means the individual officer or employee who is responsible for
Procurement Services.
“Procurement Plan” means the plan developed by a Department at the outset of an
Invitational Competition or Open Competition in accordance with the Competitive
Procurement Planning Protocol.
“Procurement Services” means the branch, department, division, or unit responsible for
purchasing Deliverables for the Town.
“Procurement Value” means the maximum total value of the Deliverables being procured,
and it must include all costs to the Town, including, as applicable, acquisition,
maintenance, replacement, and disposal; training, delivery, and installation; and extension
options, less applicable rebates or discounts and exclusive of sales taxes.
“Purchase Order” means the Town’s written document issued by a duly authorized
employee of the Town to a Supplier formalizing all the terms and conditions of the
purchase and supply of the Deliverables identified on the face of the Purchase Order.
“Purchasing Card” means a credit card provided by the Town to authorized officers and
employees for use as a payment method to purchase directly from Suppliers where
permitted under the Procurement Policy and in accordance with any cardholder
agreement and applicable procedures.
“Qualified Supplier Roster” means a list of Suppliers that have participated in and
successfully met the requirements of a Request for Pre-Qualifications (“RFPQ”) and have
therefore been prequalified to perform individual work assignments involving the delivery
of a particular type of Deliverable. The Suppliers that qualify for inclusion on the Qualified
Supplier Roster will enter into a Master Framework Agreement and will be eligible to
participate in Roster Competitions, as and when the goods or services are required.
“Request for Information” or “RFI” means a market research initiative for the collection
of data for the purposes of future Procurement planning.
“Roster Competition” means an expedited, invitational competition between Suppliers
that have been included on a Qualified Supplier Roster for the selection of a Supplier to
perform a discrete work assignment during the term of the roster.
“Solicitation Document” means the document issued by the Town, or in the case of a
piggyback Procurement by a government agency or public authority, to solicit Bids from
Bidders.
“Standing Offer” means a written offer from a pre-approved Supplier to supply
Deliverables to the Town, upon request, through the use of an ordering process during a
particular period of time, at a predetermined price or discount, generally within a
predefined dollar limit. The Standing Offer does not create a contractual commitment
By-law Number 6404-22 Page 20 of 33
from either party for a defined volume of business. The commitment to purchase against
a Standing Offer is formed at the time a specific order is placed through the issuance of
a Purchase Order to the Supplier.
“Supplier” means a person carrying on the business of providing Deliverables.
“Total Cumulative Increase” means the total value of all increases to the original
Procurement Value, including the value of all previously approved amendments and the
value of the proposed amendment.
“Town” means The Corporation of the Town of Aurora.
By-law Number 6404-22 Page 21 of 33
SCHEDULE B – EXCLUSIONS
1.Excluded Acquisitions and Expenditures
(a)This policy does not apply to Contracts, agreements or costs related for the sale,
purchase, lease, or licence of land or existing buildings.
(b)This policy does not apply to the acquisition of the following Deliverables:
i.services provided by licensed lawyers, notaries or forensic auditors;
ii.services of expert witnesses or factual witnesses used in court or legal
proceedings, including tribunal matters;
iii.financial services including banking, merchant fees, brokerage, debt
issuance, and investments;
iv.insurance premiums and services, including insurance adjusters, and
replacement purchases made as a result of an insurance claim;
v.goods intended for resale to the public;
vi.goods purchased on a commodity market;
vii.works of art; and
viii.subscriptions to newspapers, magazines, or other periodicals.
(c)This policy does not apply to Contracts or agreements relating to hiring of
employees or employee compensation, or memberships or dues, or
reimbursement of employee expenses, or employee training, including
conferences, courses, and seminars.
(d)This policy does not apply to goods or services procured from a government entity
or non-profit organization. Note: This exclusion does not apply to procurements
that are covered by the Canada-European Union Comprehensive Economic and
Trade Agreement (the “CETA”).
(e)This policy does not apply with respect to competitive Procurement requirements,
and in such cases Procurement can be conducted as a Non-Standard
Procurement, when it can be demonstrated that the goods or services can be
supplied only by a particular Supplier and no alternative or substitute exists for the
following reason(s):
i.there is an absence of competition for technical reasons;
ii.patents, copyrights, or other exclusive rights must be protected.
(f)This policy does not apply when the Procurement is for:
i.goods or consulting services regarding matters of a confidential or
privileged nature and the disclosure of those matters through an Open
Competition could reasonably be expected to compromise government
By-law Number 6404-22 Page 22 of 33
confidentiality, result in the waiver of privilege, cause economic disruption,
or be contrary to the public interest;
ii.a prototype or a first good or service to be developed in the course of and
for a particular Contract for research, experiment, study, or original
development, but not for any subsequent purchases;
iii.goods available under exceptionally advantageous circumstances that
arise only in the very short term, such as resale of used equipment,
liquidation, bankruptcy, or receivership;
iv.a Contract to be awarded to the winner of a design contest and the contest
was organized in a fair and transparent manner and was advertised by
publicly posted notice and participants were judged by an independent jury;
v.The Procurement is being conducted on behalf of an entity that is not
covered by the Procurement Policy.
(g)This policy does not apply with respect to competitive Procurement requirements
when unforeseeable events have resulted in a situation where extreme urgency
exists and the goods or services could not be obtained in time through an Open
Competition. In such cases, the Procurement may be conducted as a Non-
Standard Procurement. Note: The Department Lead must clearly identify and
explain the unforeseeable events that brought about the urgency. Failure to plan
for and proceed with a Procurement in a timely manner will not be considered a
valid reason for a Non-Standard Procurement.
(h)This policy does not apply with respect to competitive Procurement requirements
when the Procurement Value is below the Open Competition Threshold and it is in
the best interests of the Town to proceed with a Non-Standard Procurement. In
such cases, the Procurement may be conducted as a Non-Standard Procurement.
Note: The Department Lead must clearly explain why it is in the Town’s best
interest to proceed with a Non-Standard Procurement rather than an Invitational
Competition.
(i)This policy does not apply with respect to competitive Procurement requirements
when the Procurement is otherwise exempt from Open Competition requirements
under all applicable trade agreements, and it is in the best interests of the Town to
proceed with a Non-Standard Procurement. In such cases, the Procurement may
be conducted as a Non-Standard Procurement. Note: The Department Lead must
indicate the specific section(s) of the applicable trade agreements that provide for
the exemption and clearly explain why it is in the Town’s best interest to proceed
with a Non-Standard Procurement rather than an Open Competition.
By-law Number 6404-22 Page 23 of 33
(j)This policy does not apply to payment of the Town’s general expenses, such as:
i.Taxes including Harmonized Sales Tax (HST), remittance of property taxes
and development charges to school boards and York Region
ii.Debt repayment and sinking fund contributions
iii.Costs related to employee training, development and recruitment in
accordance with Town policies
iv.Grants to agencies in accordance with Town policies
v.Postage and courier services
vi.Utility charges for consumption and acquisition of water, sewer, electricity,
natural gas
vii.Utility relocation and construction costs relating to a capital project
viii.Town sponsored employee purchase programs
ix.Employment agencies for temporary employment contracts
x.Appraisal fees
xi.Arbitrator, mediator and other similar professionals
xii.Suppliers and entertainers for special events and programs
xiii.Goods, services or construction where 100 percent of the total cost is
funded by a third party
2.Approval and Payment of Excluded Acquisitions and Expenditures
The approval and payment of excluded items is to be completed in accordance with
the Town’s financial authority registry.
By-law Number 6404-22 Page 24 of 33
SCHEDULE C – PROCUREMENT THRESHOLDS
Table 1 – Procurement Thresholds
Low-Value Procurements Below $25,000
Mid-Value Procurements (Invitational
Competition)
$25,000 to less than $50,000
Open Competition $50,000 and over
By-law Number 6404-22 Page 25 of 33
SCHEDULE D – THRESHOLD AND AUTHORIZATION SCHEDULE
A.STANDARD PROCUREMENT
Table 1 – Table of Authority
Procurement
Method and
Threshold
Authorized to
Initiate
Procurement
Delegated
Authority to
Award*
Contract Requirement
Order from
Existing
Standing Offer
Department
Head
Division Manager Use existing contract
from standing offer if
available
Contract approved
based on Financial
Authority
Roster
Competition
Less than
$50,000
Department
Head
Division Manager Use existing contract
from roster if available
Contract approved
based on Financial
Authority
Roster
Competition
$50,000 and
over
Department
Head
Division Manager
and
Procurement
Manager
Use existing contract
from roster if available
Contract approved
based on Financial
Authority
Low-Value
Procurement
Below $25,000
Department
Head or
designate
Division Manager None required
Mid-Value
Procurement
(Invitational
Competition)
$25,000 to
<$50,000
Department
Head
Division Manager Required only for
construction
procurements over
$25,000 in a form
approved by Legal
Services
Contract approved
based on Financial
Open
Competition
< $1M
Department
Head
Division Manager
and
Procurement
Manager
Required for all
procurements in a
form approved by
Legal Services
By-law Number 6404-22 Page 26 of 33
Procurement
Method and
Threshold
Authorized to
Initiate
Procurement
Delegated
Authority to
Award*
Contract Requirement
Contract approved
based on Financial
Authority
Open
Competition
≥ $1M
Department
Head
Division Manager
and
Procurement
Manager
Required for all
procurements in a
form approved by
Legal Services
Contract approved by
the CAO
* The Ability to award is contingent on the individual having the Financial Authority to do
so.
1. Authorization Process
a)The Department Lead completes the Procurement Authorization Form and submits it
to the Department Head.
b)The Department Head reviews and approves the Procurement Authorization Form.
c)If a Contract is required and less than $1 million dollars, then it must be in a form
approved by Legal Services and signed by an individual in the Department with the
appropriate Financial Authority. If the contract required is equal to or greater than $1
million dollars, then the Contract must be in a form approved by Legal Services and
approved by the CAO.
d)No Procurement may be authorized unless sufficient funding is available in an
approved budget, unless authorized by Council.
2. Delegated Authority to Procure
The delegation of authority to procure includes the authority to:
a)conduct the Procurement process in accordance with this policy and applicable
protocols;
b)approve the Procurement document(s) for a Competitive Process;
c)approve the selection of qualified Bidders in a multi-stage Open Competition;
d)approve the establishment of qualified Supplier rosters in an Open Framework
Competition; and
e)approved the award of the Contract.
By-law Number 6404-22 Page 27 of 33
3. Conditions of Delegated Authority to Procure
Delegated authority to procure is subject to the following conditions:
a)No Procurement may be initiated unless approved budget funding in an amount
sufficient to cover the Procurement Value is available.
b)In the case of a multi-stage Open Competition or an Open Framework Competition,
qualified Bidders are selected in accordance with the evaluation and selection
process set out in the Solicitation Document.
c)No Contract award may be approved unless:
i.sufficient funding is available in an approved budget;
ii.the Procurement process was conducted through the standard
Procurement method, as determined in accordance with this policy;
iii.the Procurement process was conducted in accordance with this
policy and all applicable protocols; and
iv.in the case of a Competitive Process, the Contract is awarded to the
top-ranked Bidder, as determined in accordance with the evaluation
and selection process set out in the Solicitation Document.
Where the authority to procure is delegated to multiple individuals, all those individuals
must be satisfied that the above conditions of delegated authority are met.
4. Council Authority
If any of the applicable conditions of delegated authority are not met, Council approval
must be obtained before proceeding with any Procurement activity.
B.NON-STANDARD PROCUREMENT
Table 2 – Table of Authority
Procurement Value Authorize
Procurement
Delegated Authority to
Procure
< Open Competition Threshold Department Head Department Lead
≥ Open Competition Threshold and
< $100K
CAO Department Head
$100K < $250K PGC Department Head
$250K and over Council Department Head
By-law Number 6404-22 Page 28 of 33
1. Authorization Process
a)The Department Lead completes the Non-Standard Procurement Authorization Form
and submits it to the Department Head.
b)The Department Head reviews and approves the Non-Standard Procurement
Authorization Form.
c)If the Procurement Value is less than the applicable Open Competition Threshold, the
Department Head may authorize the Procurement and delegate the authority to
procure to the Department Lead.
d)If the Procurement Value is equal to or greater than the applicable Open Competition
Threshold but less than $100,000, the Department Head submits the Non-Standard
Procurement Authorization Form to the CAO.
e)If the Procurement Value is equal to or greater than $100,000 but less than $250,000,
the PGC may authorize the Procurement and delegate the authority to procure to the
Department Head.
f)If the Procurement Value is equal to or greater than $250,000, the Department Head
submits a report to Council for authority to proceed with the procurement. Council
may authorize the Procurement and delegate the authority to procure to the
Department Head.
g)No Procurement may be authorized unless sufficient funding is available in an
approved budget, unless authorized by Council.
2. Delegated Authority to Procure
In the case of a Non-Standard Procurement, the delegation of authority to procure
includes the authority to negotiate and finalize the Contract with the selected Supplier.
Contract requirements follow the same thresholds as standard Procurements. No
Contract may be finalized unless sufficient funding is available in an approved budget
and is approved by Legal Services.
By-law Number 6404-22 Page 29 of 33
Town of Aurora Procurement Policy
C.CONTRACT ISSUANCE OR EXECUTION
1. Authorized Signatories
The Procurement Manager has delegated authority to issue Purchase Orders on behalf
of the Town.
The following individuals have delegated authority to execute legal agreements on behalf
of the Town:
Table 3 – Authorized Signatories
Procurement Value Authorized Signatory
< $1M Department Head or delegate,
in accordance with Financial
Authority
≥ $1M CAO
Note: All contracts shall be reviewed by Legal Services prior to signing.
2. Review and Execution Process
a)In accordance with the delegated authority to procure, the authorized individual(s):
i.approves the award of the Contract;
ii.confirms all pre-conditions of award are met; and
iii.assembles all Contract documents and provides the Contract documents to
Legal Services for review.
b)If an agreement is to be signed, Legal Services reviews and approves the
agreement for signature and the agreement is sent to the Authorized Signatory.
c)The agreement is signed by the Authorized Signatory.
3. Pre-Approval of Standard Term Contracts
Legal Services may approve standard term Contract documents, including Purchase
Order terms, standard forms of agreement, and supplementary terms and conditions for
use in specified circumstances and subject to established conditions.
By-law Number 6404-22 Page 30 of 33
D.CONTRACT AMENDMENTS
Table 4 – Table of Authority if Total Cumulative Increase is Less Than 20% of Original
Procurement Value
Total Cumulative Increase Authorize Amendment
< $50,000 Department Head
≥ $50,000 CAO
Table 5 – Table of Authority if Total Cumulative Increase is Equal to or More Than 20%
of Original Procurement Value
Total Cumulative Increase Authorize Amendment
< $250,000 Chief Administrative Officer
≥ $250,000 Council
Total Cumulative Increase means the total value of all increases to the original
Procurement Value, including the value of all previously approved amendments and the
value of the proposed amendment.
1. Authorization Process
a)The Contract Administrator completes the Contract Amendment Authorization Form.
b)If the Procurement Value is less than the applicable Open Competition Threshold, the
Contract Administrator obtains the appropriate authority based on the above tables.
If the amendment must be authorized by the Department Head or CAO, the Contract
Amendment Authorization Form must first be approved by the Department Head when
CAO approval is required.
c)If the Total Cumulative Increase is equal to or greater than the applicable Open
Competition Threshold, the Contract amendment must be treated as a Non-Standard
Procurement and the Contract Amendment Authorization Form must be reviewed by
the PGC. The PGC reviews and addresses any concerns with the Department Head.
Once any concerns have been resolved or noted on the Contract Amendment
Authorization Form, the Form shall be submitted to the CAO based on Table 4 above
and if the increase is more than 20% of the original value, the Department Head shall
seek approval from Council in a report in accordance with the authority in Table 5
above.
d)No Contract amendment may be authorized unless sufficient funding is available in
an approved budget, unless authorized by Council.
By-law Number 6404-22 Page 31 of 33
SCHEDULE E – SUPPLIER CODE OF CONDUCT
The Town requires its Suppliers to act with integrity and conduct business in an ethical
manner. The Town may refuse to do business with any Supplier that has engaged in illegal
or unethical bidding practices, has an actual or potential conflict of interest or an unfair
advantage, or fails to adhere to ethical business practices.
Suppliers are responsible for ensuring that any employees, representatives, agents, or
subcontractors acting on their behalf conduct themselves in accordance with this
Supplier Code of Conduct. The Town may require the immediate removal and
replacement of any individual or entity acting on behalf of a Supplier that conducts
themselves in a manner inconsistent with this Supplier Code of Conduct. The Town may
refuse to do business with any Supplier that is unwilling or unable to comply with such
requirement.
A.ILLEGAL OR UNETHICAL BIDDING PRACTICES
Illegal or unethical bidding practices include:
a)bid-rigging, price-fixing, bribery or collusion, or other behaviours or practices
prohibited by federal or provincial statutes;
b)offering gifts or favours to the Town’s officers, employees, appointed or elected
officials, or any other representative of the Town;
c)engaging in any prohibited communications during a Procurement process;
d)submitting inaccurate or misleading information in a Procurement process; and
e)engaging in any other activity that compromises the Town’s ability to run a fair
Procurement process.
The Town will report any suspected cases of collusion, bid-rigging, or other offences
under the Competition Act to the Competition Bureau or to other relevant authorities.
B.CONFLICTS OF INTEREST
All Suppliers participating in a Procurement process must declare any perceived,
possible, or actual conflicts of interest.
The term “conflict of interest,” when applied to Suppliers, includes any situation or
circumstance where:
a)in the context of a Procurement process, the Supplier has an unfair advantage or
engages in conduct, directly or indirectly, that may give it an unfair advantage,
including but not limited to:
By-law Number 6404-22 Page 32 of 33
i.having, or having access to, confidential information of the Town that is
not available to other Suppliers;
ii.having been involved in the development of the Procurement document,
including having provided advice or assistance in the development of
the Procurement document;
iii.receiving advice or assistance in the preparation of its response from
any individual or entity that was involved in the development of the
Procurement document;
iv.communicating with any person with a view to influencing preferred
treatment in the Procurement process (including but not limited to the
lobbying of decision-makers involved in the Procurement process); or
v.engaging in conduct that compromises, or could be seen to
compromise, the integrity of an open and competitive Procurement
process or render that process non-competitive or unfair; or
b)in the context of performance under a potential Contract, the Supplier’s other
commitments, relationships, or financial interests:
i.could, or could be seen to, exercise an improper influence over the
objective, unbiased, and impartial exercise of its independent judgment;
or
ii.could, or could be seen to, compromise, impair, or be incompatible with
the effective performance of its contractual obligations.
Where a Supplier is retained to participate in the development of a Solicitation Document
or the specifications for inclusion in a Solicitation Document, that Supplier will not be
allowed to respond, directly or indirectly, to that Solicitation Document.
C.ETHICAL BUSINESS PRACTICES
In providing Deliverables to the Town, Suppliers are expected to adhere to ethical
business practices, including:
a)performing all Contracts in a professional and competent manner and in accordance
with the terms and conditions of the Contract and the duty of honest performance;
b)complying with all applicable laws, including safety and labour codes (both domestic
and international as may be applicable); and
c)providing workplaces that are free from harassment and discrimination.
By-law Number 6404-22 Page 33 of 33