|THE REGIONAL MUNICIPALITY OF PEEL|
|BY-LAW NUMBER 131- 2004|
A by-law to amend By-Law 62-2001 titled "A by-law governing the purchase and disposal of goods and services and to repeal By-law 50-96".
WHEREAS the Council of the Regional Municipality ("Regional Corporation") on December 6, 2001, passed By-law 62-2001, as amended by By-law 86-2003, to govern the purchase and disposal of goods and services and to repeal By-Law 50-96.
NOW THEREFORE, the Council of the Regional Corporation enacts as follows:
1. By-Law 62-2001, as amended by By-Law 86-2003, is amended to include Schedule "C" attached hereto providing a statement of purchasing policy as required under the Municipal Act 2001.
2. This By-law takes effect on the day that it is passed
READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 9th day of December,
SCHEDULE "C" TO BY-LAW 131-2004
1.0 Procurement Processes, Goals and Circumstances
2.0 Unsolicited Offers
3.0 Official Point of Contact
4.0 Public Openings
5.0 Tender/Proposal Irregularities
6.0 Mathematical Errors
7.0 Tied Bids
8.0 Evaluation of Proposals
9.0 Vendor Debriefings
10.0 Vendor Complaints
11.0 Vendor Performance
12.0 In-House Bids
14.0 Review of Purchasing By-law, Policies and Procedures
Schedule "C" to By-law 62-2001 of the Regional Municipality of Peel
Purchasing Policy Statements
The Region supports effective, objective, fair, open, transparent, accountable, and efficient procurement processes through the solicitation of multiple quotes, tenders, proposals and direct negotiation.
The following purchasing policy statements are intended to further protect the interests of the Region, the public and persons participating in the procurement process and to reinforce fairness, openness, transparency and integrity by adopting consistent and standard approaches. The statements are intended to compliment By-law 62-2001 (being the by-law governing the purchase and disposal of goods and services) and the Regional purchasing procedures and practices and otherwise respond to the requirements of the Municipal Act 2001.
The following processes and methods of acquisition are to be used to give effect to Part I - Purchasing Objectives of the Regional Purchasing By-law:
Request for Pre-qualification shall be used, and precede a Request for Tenders, Quotations or Proposals in order to identify and pre-select Vendors, where it is deemed that the nature and complexity of the work involved warrants the time and effort required to pre-select the most experienced and qualified Vendors.
Request for Expressions of Interest shall be used to determine the interest of the market place to provide a scope of work or services contemplated to be procured by the Region.
Request for Information shall be used to gather information from the market place to provide a scope of work or services contemplated to be procured by the Region.
Request for Tenders shall be used to obtain goods and services over $100,000, whenever the requirements can be precisely defined and the expectation is that the lowest bid meeting the requirements specified in the Request would be accepted, subject to any other provisions of the contract documents and the Regional Purchasing By-law.
Request for Quotations shall be used to obtain goods and
services under $100,000 whenever the requirements can be precisely defined
and the expectation is that the lowest bid meeting the requirements specified
in the Request would be accepted, subject to any other provisions of the
contract documents and the Regional Purchasing By-law.
An informal Request for Quotation shall be used to obtain goods and services under $25,000 to obtain low dollar value of goods and services expeditiously and cost effectively. The informal process may be used by authorized employees of Purchasing or delegated employees in accordance with Part IV - Purchasing and Purchase Contracts of the Regional Purchasing By-law.
Co-operative purchases are encouraged with area municipalities, local boards and other public bodies where there are economic advantages in doing so, subject to any other provisions of the contract documents and the Regional Purchasing By-law.
A non-competitive procurement process shall only be used if the conditions contained in Part V - Purchasing Methods and Purchasing Authorities of the Regional Purchasing By-law or any other provisions of the Regional Purchasing By-law apply including Schedule "A" to the By-law. In such cases a process of direct negotiation is undertaken to obtain the best value in the circumstances for the Region.
It is the Regional position to support effective, objective, fair, open, transparent, accountable, and efficient procurement processes through the solicitation of quotes, tenders, proposals and direct negotiation. In the event that the Region wishes to receive an unsolicited formal offer, the acceptance of such offer can only be done with Council approval. A report to Council shall include comments from the Manager of Purchasing.
The Region is committed to the highest standards of integrity with respect to the purchase of goods and services and managing the processes by which goods and services are acquired.
An official point of contact shall be named in all Requests for Quotations, Tenders, and Proposals to respond to all communications in respect of the request from the time of issuance, during the competitive process, and up to and including the announcement of award. The official point of contact shall be the Manager of Purchasing or designate.
Communications in the context of this policy relate to communications to and from staff or Council and the Vendor community as it relates to the particular request in process.
Any Vendor found to be in breach of the policy may be subject to disqualification from the request or a future request(s) at the discretion of Council.
Any Request for Tender over $100,000 or Request for Proposals (that are publicly advertised) are received by the Tender Opening Committee at the time and location specified in the Tender or Proposal Document.
All other solicitations are not opened in a public forum but the results will be available for review upon written request to the Manager of Purchasing.
The Manager of Purchasing shall exercise judgement in determining responsive bids and shall consider the advice of Legal Services in doing so.
In the case of non-responsive bids including, but not limited to the following examples of irregularities contained in a Tender or publicly opened Proposal received by the Region, the Manager of Purchasing shall take the following actions:
Terms and conditions for unit price contracts shall include a statement indicating that where there is a discrepancy between the total price and the unit price, the unit price shall prevail.
During the evaluation process, where any discrepancy exists between the total price and the unit price, the unit price shall prevail and the total bid price shall be adjusted accordingly.
In the event of a tied bid, the process will be deemed an irregular result and the award shall be reported in accordance with the requirements of the Regional Purchasing By-law.
In order to minimize the risk of tied bids, Request for Tenders, Quotations and Proposals should include such terms and conditions that promote best overall value and allow responses to be evaluated accordingly. This includes but not limited to such considerations as price (including discounts and prompt payment terms), quality, delivery (including response time), service, and past performance.
An Evaluation Committee shall be established for Requests for Proposals. The size of the Evaluation Committee shall be reflective of the complexity and dollar value of the assignment. Committee members must have the relevant experience to evaluate proponents' submissions.
All calls are to include clear specifications and evaluation criteria, terms and conditions that can be applied in a fair and consistent manner to all respondents.
All requests for a formal or informal debriefing shall be received by the Region in writing to the Manager of Purchasing in order to obtain feedback on why their submission was not successful. Debriefing will not alter the award decisions.
The Region is committed to the highest standards of integrity with respect to dealing with vendor complaints. Complaints shall be handled with fairness and equity for all participants in a Tender, Quotation or Proposal call.
All vendor complaints, whether addressed to elected officials or staff, are to be referred to the Manager of Purchasing for resolution.
Objections to a recommendation for award must be in writing. The Manager of Purchasing shall review the objection and determine, in consultation with the Regional Solicitor where necessary, whether the objection is material i.e. it is not frivolous or vexatious or solely related to a review of any listed irregularities as defined in this policy or is not non-responsive as defined in the Regional Purchasing By-law.
Where the objection is determined not to be material, the making of the award shall proceed in accordance with the Purchasing By-law.
Where the objection is determined to be material and cannot be resolved, the award shall be made by Council in accordance with the Regional Purchasing By-law. In such case, the Manager of Purchasing and the Regional official on whose behalf the call was made and, where necessary, the Regional Solicitor shall report to Council with respect to the recommendations for award. The Manager of Purchasing shall inform the Vendor of his/her right to make a deputation before General Committee and shall advise the Vendor to contact the Clerk's Office for further information on the deputation process. Upon hearing the deputation and considering the staff report, the General Committee shall make a recommendation to Council with respect to the award.
The Region shall maintain records relating to vendor performance or non-performance. The information shall be used to supplement a pre-qualification process, to justify an award to other than the lowest submission where it can be demonstrated that such records are part of the evaluation process and criteria or to ensure contract compliance.
In-house bids will be encouraged insofar as they are contemplated in the Managed Competition process prepared in accordance with the Council report of October 13, 1999, Recommendation GC-292-1999 approved 1999-1259.
Further to Part VII - Prohibitions and Compliance of Regional Purchasing By-law, and in addition to any conflict of interest policy applicable to employees, as adopted by Council from time to time, the code of purchasing ethics established by the National Institute of Governmental Purchasing and the Purchasing Management Association of Canada shall apply to all staff involved in the procurement process.
The Manager of Purchasing shall undertake a comprehensive review of the Regional Purchasing By-law and Council Purchasing Policies every five (5) years and report to Council accordingly.
The Manager of Purchasing shall review the Regional Purchasing
Procedures on an ongoing basis and publish new or revised procedures on
the Region of Peel intranet.