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3765 Schdeule "A" - Tillsonburg Purchasing Policy (2)THE CORPORATION OF THE TOWN OF TILLSON BURG APPOVAL DATE: APPENDICES: POLICY NUMBER: PURCHASING POLICY REVISION DATE: 0010010000 Appendix "A"-Process for Debriefings Appendix "B" -Complaint Resolution A endix "C" -Bid lrre ularities TABLE OF CONTENTS Page 1 of 16 1.0 DEFINITIONS ................................................................................................................. 3 2.0 POLICY STATEMENT .................................................................................................... 5 3.0 ESTABLISHING PRICE RANGE .................................................................................... 6 4.0 ACCOUNTABILITY ......................................................................................................... ? 5.0 PRESCRIBED COUNCIL APPROVAL ........................................................................... ? 6.0 EXCEPTIONS ................................................................................................................. ? 7.0 NO LOBBYING ............................................................................................. 8 8.0 LOCAL OR GEOGRAPHICAL PREFERENCE ................................................... 8 9.0 ACCESSIBILITY CRITERIA ............................................................................ 8 10.0 HEALTH AND SAFETY .................................................................................. 8 11 .0 CO-OPERATIVE PURCHASING ..................................................................... 9 12.0 GREEN PROCUREMENT ............................................................................................. 9 13.0 DISPOSAL OF SURPLUS ............................................................................................. 9 Page 1 14.0 TIE BIDS ....................................................................................................................... 9 15.0 CONSULTING SERVICES.. . ...................................................................... 9 16.0 DEBRIEFINGS ................... . ....................................................................... 9 17.0 COMPLAINT RESOLUTION................................................................ .. ............. 10 18.0 RISK MANAGEMENT................................... .................... .. ......................... 1 0 19.0 20.0 DELEGATION OF AUTHORITY TO PURCHASE ......................... . . ................... 10 SITE MEETINGS .... ···················· .............................. ·························· .................... 10 21.0 BID DOCUMENT FEES ...... . . ........................................................ 10 22.0 OTHER ..................................................................................................................... 10 APPENDIX "A" ................... . .................................. ········································· .................... 12 APPENDIX "B" ....................................................................................................................... 13 APPENDIX "C" ...... . .............................................................................................. 14 Page 2 BY-LAW No. OF THE CORPORATION OF THE TOWN OF TILLSONBURG A BY-LAW TO PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG HEREBY ENACTS AS FOLLOWS: 1.0 DEFINITIONS In this By-Law: a) "Bid" shall mean (i) a specific price for specific works or (ii) where appropriate, a proposal; b) "Buyer(s)" designated employee(s) responsible for the procurement of goods and services for the Town of Tillsonburg; individual(s) responsible for ensuring that the purchasing by-law, policies and procedures are consistently applied in the Corporation and who serves as a resource to Departments in support of the purchasing function. c) "GAO" shall mean the Chief Administrative Officer of the Town of Tillsonburg; and d) "Clerk" shall mean the Clerk of the Town of Tillsonburg appointed pursuant to then applicable governing municipal act, or in her absence, the Deputy-Clerk or such other person designated by the Council by resolution for the purposes of this By-law; e) "Contract" shall mean a written agreement authorized or ratified by the appropriate authority and executed by the appropriate authority; f) "Department Manager'' refers to the individual or designate who is accountable for the budget and responsible for the operations of any single department or division within the Town ; g) "Director'' refers to the individual accountable for the operation of overall departments within the Town; h) "Emergency" shall mean a situation, or the threat of an impending situation, where serious delay may affect the life, safety, health or welfare of the general public, cause damage to the environment or to the property of the residents of the Town, or to Page 3 prevent serious damage, disruption of work, or to restore or to maintain essential service to a minimum level; i) "Goods and Services" shall include all supplies, materials, equipment, furniture, fixtures, general maintenance and service construction contracts, construction maintenance, contractors, and or subcontractors, food, drugs and professional services, but does not include real property; j) "His" shall in all cases mean his or her and "he" shall in all cases mean he or she; k) "Prescribed Forms or Forms" shall mean the standard documents as provided as part of the purchasing procedure guidelines as approved by the CAO; I) "Professional Services" include the services of architects, engineers, designers, surveyors, management and financial consultants, brokers, lawyers, planning consultants, project managers and any other professional and consulting services required by the Town; m) "Purchase" shall mean the acquisition of Goods and Services or any interest therein by purchase, lease, rental or otherwise; n) "Quotation" shall mean a written request for vendor bids for the supply of goods or services, from selected sources of supply, not opened in public; o) "Request for Proposal" shall mean a formal request for details on the supply of goods or the provision of services, which cannot be fully defined or specified at the time of the request; p) "Sole Source" shall mean there is only one known source of supply of particular goods or services; q) "Supplier'' shall mean any company or organization that provides, or has the capacity to provide, certain Goods and/or Services to the Town in accordance with the terms of this By-Law; r) "Tender" shall mean a formal request for sealed Bid bids for the supply of Goods and Services in response to an advertised solicitation; s) "Town" shall mean the Town of Tillsonburg; t) "Vendor of Record" shall mean an approved vendor for a period not greater than three years which establishes prices or a method for determining prices, terms and conditions and the period of time during which a vendor agrees to provide goods or services to the purchaser upon the purchaser's demand. Page 4 2.0 POLICY STATEMENT 2.1 Objectives a) The objective of this procurement policy is to outline the policy for the municipality to ensure that all purchases of materials, supplies and services provide the best value consistent with the required quality and service. b) The guiding principle is that all procurement decisions will be made using a competitive process that is open, transparent and equitable. c) This procurement policy will promote and maintain the integrity of the purchasing process by providing clear direction and accountabilities for Council, vendors and staff involved in this process. 2.2 Guidelines a) No expenditure, purchase or commitment shall be incurred or made, and no account shall be paid by the Town for Goods and Services, except as provided in this By-Law or otherwise approved by Council, provided that Council's decisions shall be consistent with all applicable procurement laws, including the provisions of this By- Law. b) Council has the ultimate authority for all expenditures. Council delegates this authority by the authorization of budgets or by specific resolution. Finance cannot pay for an item that has not been authorized by Council through budget appropriation or specific resolution. c) Prior to the approval of the current year's business plan and budget, a department may incur normal operating expenditures that are required to maintain services. This shall include the payment of expenditures on previously approved capital items and projects. d) No contract shall be entered into and no expenditure shall be authorized or incurred unless Council has provided funds for such purpose in the annual budget or agreed to the provision of such funds. e) The Department Managers, Directors, Fire Chief or the CAO shall ensure that all provisions of this By-Law are complied with in respect of the purchase of Goods and Services for or on behalf of his department and are responsible for the approval of accounts within the approved budget for the department. Approval is authorized through the signature on the original invoice. f) Where an unsolicited proposal is received by anyone within the Municipality, whether elected or non-elected, the Town shall not be bound by any quotations or proposals. g) This purchasing policy may be overridden by Council if Council, in its' own discretion determines it to be appropriate and in the best interest of the Town. Page 5 3.0 ESTABLISHING PRICE RANGE Purchase prices shall be obtained as follows: • Up to $1,000-For purchases up to $1,000, comparison pricing must be completed by the assigned buyer(s). • $1,000 to $5,000 -For any purchases, other than those covered by a vendor of record, when the yearly aggregate amount is between $1,000 to $5,000, the assigned Buyer(s) making the purchase shall obtain quotations from more than one source using catalogues, suppliers' lists, online pricing or through negotiations, upon assuring themselves that all prices offered are fair and equitable. • $5,000 to $25,000-For all purchases, when the yearly aggregate amount is between $5,000 and $25,000, a minimum of 3 written quotations must be obtained by the assigned Buyer. Single quotations are acceptable for approved sole source purchases. • Over $25,000-By Tender or Request for Proposal. The above prices shall be on a before-tax basis. Adherence to the above does not apply to an emergency, as per section 6(a). QUICK GUIDE TO PURCHASING GUIDELINES Purchasing Aggregate Advertising Requirements for Approval Authority Dollar Value Mechanism of Purchase Requirement Submissions of Bids & Authority to Award Comparison pricing must be used. Pricing obtained must be attached to invoice. Utilize Small Order Up to $1000 Not Applicable vendors of record wherever Department Manager Purchase possible through a designated departmental purchaser. a) More than 1 price quotation obtained. May Department Manager or purchase directly from Director approves; catalogues, suppliers' lists, purchases made through Price $1,000-As required by online pricing or through Buyers Quotes $5,000 Manager negotiations. b) Quotations recorded on prescribed form and attached to the invoice. a) Minimum 3 written quotations to be obtained a) Department Manager Written $5,000-As required by Director and attached to invoice. Quotation $25,000 b) Single quotations are accepted for approved sole b) Director or CAO source purchases. Tender, a) Coordinated Ad a) Sealed Bid, closing on Request for b) Town Website date and time specified Proposals or $25,000 + b) Sole source report to Council Sole Source c) Other Buying Council Purchases Websites Page 6 4.0 ACCOUNTABILITY The CAO shall maintain accountability on behalf of Council during the procurement process. Informal contact with staff or Council members not specified as official contacts in the Bid/Request for Proposal documents shall be considered unethical and may threaten the validity of that suppliers' bid or even the process as a whole. No purchase of Goods and Services shall be made by the Town and paid for by the Town for the personal use of elected or appointed officials or employees of the Town unless the purchase has been approved by the Chief Administrative Officer of the Town. No Goods and Services shall be purchased from an employee of the Town, or from any associate of such employee, unless the extent of the interest of such employee has been fully disclosed and the purchase has been approved by the Chief Administrative Officer of the Town. 5.0 PRESCRIBED COUNCIL APPROVAL 5.1 The following contract awards shall be subject to Council approval: 5.1.1 any contract prescribed by statute to be made by Council; 5.1.2 any contract that requires debt financing; 5.1.3 any contract where this by-law is being waived; 5.1.4 any contract where Council has expressly directed staff to report prior to an award; 5.1.5 any contract where authority to approve has not been expressly delegated; 5.1.6 any contract where a submission in response to a call for bid contains an irregularity not resolved by Appendix "C" of this by-law and which was notable to be otherwise resolved by the Director of Finance; or, 5.1. 7 any contract for a single or sole source purchase; 5.1.8 any contract for a tender or request for proposal as required under this policy. 5.2 Council may waive, by resolution, the application of any part of this by-law in respect of any given procurement. 6.0 EXCEPTIONS 6.1 When an emergency occurs that, at the discretion of the CAO, Director, Fire Chief, or Department Manager, constitutes immediate danger to health, safety, life or property, or requires the immediate procurement of goods and services, the Department Manager or his/her designate may purchase through sole sources, such required goods or services upon consultation with the Director or CAO. A follow-up report to Council is required for all Emergency Purchases over $5,000. 6.2 The Tendering, RFP or purchasing process may not be required where the goods or services are proprietary to one vendor, where there is only one supplier that can meet the Town's needs within a reasonable distance or where the cost of changing Page 7 suppliers for a product or service already in place is deemed to be exorbitant. Upon staff recommendations, Council shall, in its' sole discretion, determine whether a Bid, RFP or purchasing process may be forgone for these reasons. Such exemption must be granted by resolution. 6.3 Notwithstanding the provisions of this policy, the following expenditures must be made subject to budget constraints and may be made without following the formal purchasing procedures detailed herein; i) Petty cash items ii) Training and education including conferences, courses and seminars iii) Mileage, travel and accommodations iv) Payroll related expenses v) Utilities vi) Licensing, maintenance and software support for prior purchases; vii) Professional services including; a) legal costs for general issues b) planning consultant for general issues c) engineering consultants for general issues 7.0 NO LOBBYING No bidder shall contact any member of Council or any Town staff in an attempt to influence the award of a contract. If a bidder contacts any member of Council or any Town staff in an attempt to influence the award of a contract, the bidder shall be disqualified. 8.0 LOCAL OR GEOGRAPHICAL PREFERENCE The Town shall comply with the Discriminatory Business Practices Act, R.S.O. 1990, c. D.12, as amended. 9.0 ACCESSIBILITY CRITERIA Accessibility criteria and features shall be incorporated when procuring goods, services and/or facilities in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). 10.0 HEALTH AND SAFETY The Town of Tillsonburg is committed to the Health and Safety of their employees, contractors, visitors and the general public. This includes a commitment to Health and Safety in the procurement process. All purchases must meet Health and Safety regulatory compliance. For equipment, vehicles, tools and chemical purchases, a Health and Safety Committee Representative should be involved in the procurement process. Page 8 11.0 CO-OPERATIVE PURCHASING The Town ofTillsonburg may participate with other government agencies or public authorities in Co-Operative Purchasing to select a vendor of record where it is in the best interest of the Town to do so. The policies of the government agencies or public authorities calling the Co- operative Bid are to be the accepted policy of that particular Bid. 12.0 GREEN PROCUREMENT When acquiring goods and services for the municipality, municipal staff shall consider whether it is feasible to incorporate environmental considerations into solicitations for goods and services. The Buyer(s) shall take into account best purchasing practices for responsible environmental procurement, and shall bring same to the attention of operating departments wherever the same are applicable. 13.0 DISPOSAL OF SURPLUS Where any goods or personal property of the Town are declared surplus and cannot be used by another Town department, they shall be disposed of by public Bid or public auction. If no bids are received, the Departmental Manager or Buyer(s) may dispose of the goods or personal property as deemed to be in the best interest of the Town. This Section shall not apply to goods or equipment traded in on new equipment or returned for credit to original sources of supply. 14.0 TIE BIDS In the event that two (2) or more compliant, equal bids are submitted during a competitive bid process, the Town shall determine the successful bidder by drawing a bidder's name, as determined by the CAO. 15.0 CONSULTING SERVICES Consulting services over twenty-five thousand dollars ($25,000) shall be procured by RFP, unless otherwise directed by Council. Consultants may be hired in, but not limited to, any of the following circumstances: 15.1 the project requires specialized knowledge, skills, expertise, experience or available resources that the Town does not possess in-house; 15.2 another organization is partially or wholly funding the project and strict timelines have been placed on the funding; or, 15.3 the nature of the project is such that it would not be in the public or Town's interest to perform it in-house. Under this section, all consultant proposals shall include, at a minimum, a fee schedule, a methodology and timetable to complete the project, demonstrated experience and qualifications required to perform the project and a list of personnel who will be directly involved in the completion of the project. 16.0 DEBRIEFING$ 16.1 Any unsuccessful Supplier may request an opportunity to be debriefed by the Town on the reasons for not being awarded a particular contract, in accordance with the procedure set out Page 9 in the attached Appendix A, provided that such a request shall not have the effect of delaying the Town's commitment to proceed with the successful Supplier. 16.2 As a prerequisite to protesting an award of a contract made in favour of another Supplier (in accordance with the procedures set out in the Complaint Resolution section), an unsuccessful Supplier shall request an opportunity to be debriefed by the Town, and shall not proceed under "Section 17.0" of this by-lay until such time as the Supplier has been debriefed by the Town. 17.0 COMPLAINT RESOLUTION Where an unsuccessful Supplier chooses to protest an award of a contract made in favour of another Supplier, refer to Appendix B. 18.0 RISK MANAGEMENT Service suppliers will be required to provide proof of insurance along with a WSIB clearance certificate (or municipal waiver, if applicable) for all contracts. Insurance is required for each of general liability, automobile liability and/or homeowners (for rental of facilities) and will be defined in the procurement documents and must be adhered to throughout the term of the contract. The level of insurance will ultimately be arrived at depending on the associated risks of the project as assessed by the Director or Fire Chief. The policy must contain a cross liability clause or endorsement, an endorsement certifying that the Town of Tillson burg as additional insured and an endorsement to the effect that the policy or policies will not be altered cancelled or allowed to lapse without thirty days prior written notice to the Town of Tillsonburg. Professional liability and errors and omissions insurance shall be maintained by a successful consulting firm. Performance bonds may be required and will be disclosed during the procurement process. These bonds will be held by the Town until end-of-contract indicators are in place (final clearance certificates are issued) at which time they will be released. 19.0 DELEGATION OF AUTHORITY TO PURCHASE The authority to purchase Goods and Services may be delegated or assigned to a local Board, for example, Tillson burg Hydro Inc., following the dollar thresholds as set out in this Policy. 20.0 SITE MEETINGS Some Bid Requests may require a mandatory site meeting to be eligible to submit a bid. This will be clearly stated on all Bid Documentation pertaining to the request. 21.0 BID DOCUMENT FEES Some bid requests may require a Bid Document Fee in the amount of $0 -$75 to cover the cost of producing the specifications and drawings. This will be stated in the Bid Request advertisement. 22.0 OTHER Where any other By-law exists which is in conflict with a provision of this Policy, the provision of this Policy shall be deemed to apply. Page 10 This Policy shall be reviewed and updated, as appropriate, every five (5) years, following the date of its enactment. MAYOR CLERK DATED Page 11 APPENDIX "A" PROCESS FOR DEBRIEFINGS Pursuant to section 16.1 of this By-Law, the following procedure shall apply to the conduct of Supplier de briefings by the Town. A. TIMING 1) Request for a Debriefing A request for a debriefing should be made by an unsuccessful Supplier within 30 calendar days of being notified by the Town of contract award. 2) Provision of a Debriefing Debriefing shall occur only after a contract is awarded, within 15 days of the date on which the unsuccessful Supplier's request is received in writing by the Town. B. LOCATION AND FORMAT 1) Debriefing is to be conducted either by handwritten letter, by telephone conversation, or by face-to-face meeting. 2) Face-to-face debriefing sessions shall be held at the Town's premises. C. CONTENT 1) Unsuccessful Suppliers shall not use the debriefing to change the decision of the Town or otherwise reopen the award procedure. 2) Only submissions made by the unsuccessful Supplier shall be discussed at a debriefing. 3) Debriefing shall be chaired by the Department Manager or Director. 4) Debriefing shall not be delegated to individuals with the unsuccessful Supplier who do not have the necessary experience or sensitivity to carry out the interview successfully. 5) Where possible, each debriefing session shall last no longer than 1 hour. 6) Only references to the assessment of the evaluation criteria listed in the unsuccessful Supplier's proposal shall be made. 7) The Town shall explain where the unsuccessful Supplier's proposal ranked in the final scoring, but not in relation to other specific proposals. 8) The Town shall note the strengths of the unsuccessful Supplier's proposal and highlight where the proposal scored well. 9) Where appropriate, the Town shall provide advice on how the unsuccessful Supplier can improve its scoring in future submissions. 10) If the debriefing is conducted by telephone conversation, the Town shall send a follow-up letter confirming that the Supplier's questions were answered. Page 12 APPENDIX "B" PROCESS FOR COMPLAINT RESOLUTION Pursuant to section 17.0 of this By-Law, the following procedure shall apply to the conduct of Complaint Resolutions by the Town of Tillsonburg. 1.0 An unsuccessful Supplier shall request a meeting with the Department Manager and the Director. Such request will be in writing and shall (i) provide a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents, and (ii) identify the form of relief requested. 2.0 Where, after a meeting with the Department Manager and the Director, the Supplier is satisfied that its concerns have been addressed and that the purchasing process was conducted in a fair and equitable manner, no further action shall be required. Documentation in respect of the protest in question shall be maintained by the Buyer(s) for future reference. 3.0 Where, after a meeting between the Supplier, the Department Manager and the Director, it is concluded that the purchasing process was materially flawed, for any reason, the Director shall issue a report to the Chief Administration Officer for his approval recommending corrective action. 4.0 Where, after a meeting between the Supplier, the Department Manager and the Director, the parties fail to achieve a mutually satisfactory resolution, the Supplier may request an opportunity to present its case to the Chief Administration Officer, provided that the supplier's request is in writing. 5.0 In the event of a dispute arising in connection with this bid process that cannot be resolved with the above "complaint resolution process" including, without limitation, a dispute concerning the existing of the "bid contract" or a breach of the "bid contract", or a dispute as to whether the bid of any bidder was submitted on time or whether a bid is compliant, the Town may refer the dispute to a confidential binding arbitration pursuant to the Arbitration Act, 1991, as amended, before a single arbitrator with knowledge of procurement/bidding law. In the event that the Town refers the dispute to arbitration, the bidder agrees that it is bound to arbitrate such dispute with the Town. Unless the Town shall refer such dispute to binding arbitration, there shall be no arbitration of such dispute. Page 13 ITEM APPENDIX "C" CHART OF BID IRREGULARITIES OR NON-COMPLIANCE Notes: • The following list of irregularities should not be considered exhaustive. • This chart of bid irregularities shall apply only where an irregularity exists with respect to a stated requirement of a relevant competitive bid document (e.g. a Request for Tender (RFT) or Request for Proposal (RFP) • Where notice of a specified time period to correct an irregularity has been given, and that time period has elapsed without the correction having been made, the bidder shall be deemed to be in default and, where applicable, the bid deposit shall be forfeited. The bid shall be given no further consideration for award. IRREGULARITY RESPONSE GENERAL 1. Bidder, at the time of submission, is not Rejection. reqistered to carrv on business in Ontario Rejection. The submission will not be opened. Submission to be returned to bidder. 2. Late submissions. Should it not be clear as to the bidder's name and address then the package will be opened solely to access this information. 3. Unsealed submission packaqe. Rejection. Bidder has not been previously qualified under a Rejection. 4. related pre-qualification process, where applicable. Failure to have a representative in attendance Rejection. 5. and registered at a mandatory attendance site/information meeting. 6. Submission not completed in a non-erasable Rejection. medium or signed in ink. Failure to include the Form ofTender, Quotation, Rejection. 7. Proposal or Pre-Qualification, as may be applicable. 8. Omission of a detail indicated to be mandatory. Rejection. Rejection unless, in the opinion of the 9. Forms that compose the submission Director of Finance, the missing information is documents are not completed in their entirety minor and would not adversely affect an award decision. Page 14 ITEM IRREGULARITY RESPONSE Conditional bids (bids qualified, based on a Rejection unless, in the opinion of the 10. bidder's condition or restricted by an appended Director of Finance, the qualification or statement). restriction is minor and would not adversely affect an award decision. Bids containing clerical errors that do not result in Two (2) business days to correct and initial. 11. any ambiguity with respect to the overall submission or award decision, in the opinion of the Director of Finance. Two (2) business days to initial changes. The 12. Un-initialed changes to the submission. Town reserves the right to waive the initialing requirement and accept the submission as corrected. 13. SiQnature missinQ. Rejection. 14. Failure to include required supplementary Two business days to submit. copies of the oriQinal at time of submission. 15. Failure to acknowledge addenda. Rejection. When contact is made with any person at the Rejection 16. Town other than the individuals outlined in the Bidder's Instructions. Despite the provisions herein contained, 17. Any irregularity or non-compliance. Council may waive any irregularity or non- compliance. PRICING Failure to include the schedule(s) of items & Rejection. 18. prices, price form or price details, as may be applicable, for inclusion with the submission. Pricing appears to be unbalanced to the extent Rejection. 19. that it may have a significant adverse effect to the Town if awarded, in the opinion of the Director of Finance. BID DEPOSIT 20. Bid deposit or Bid Bond not submitted with bid. Rejection. 20. Bid deposit or Bid Bond amount is insufficient Rejection. by more than $1.00. 21. Surety provider's or Bidder's authorized Rejection. siQnature missinQ from Bid Bond. 22. Effective period of Bid Bond is less than the Rejection. period set out in the bid documents. AGREEMENT TO BOND 23. Agreement to bond not submitted with bid. Rejection. 24. Agreement to bond not in the form specified. Rejection. 25. Agreement to bond amount is insufficient by Rejection. more than $1.00. Page 15 ITEM IRREGULARITY RESPONSE 26. Surety provider's or bidder's authorized Rejection. siqnature missinq from agreement to bond. POST AWARD NOTIFICATION 27. Failure to execute required bonding or financial Rejection and bid deposit forfeiture. security within the prescribed time period. Failure to execute a contract within the Rejection and bid deposit forfeiture. 28. prescribed period. Failure to provide supporting documents, as Rejection and bid deposit forfeiture. 29. specified within the bid document and within the prescribed period. Page 16