HomeMy WebLinkAbout2018-PAD-051 Purchasing
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 1 of 13
POLICY PURPOSE:
To establish purchasing authority, set expenditure limits and ensure consistent
procedures are followed in the procurement of goods and services. The overriding
objective is to ensure goods and services are acquired in a manner that results in the
best overall value to the County through a fair, open, transparent and competitive
process while complying with relevant legislation and legal requirements.
DEFINITIONS:
Alberta Purchasing Connection (APC): is the internet based provincial electronic
tendering system. This system enables the MASH sector to place tendering offers
nationally without any cost.
Approval Authority: Council or employees who possess the authority to approve
purchases up to or beyond a specified threshold.
Bid: a submission in response to a request for tenders or proposal process.
Bidder: a person or company responding to a request for tender or proposal process
who is capable of fulfilling the requirements, based upon an assessment of financial,
technical and commercial capabilities of the person or company, of procurement.
Bid Document: a solicitation made by the County in the form of a Request for Proposal
(RFP), Request for Quotations (RFQ) or as a Request for Tenders (RFT).
Canada-European Union Comprehensive Economic and Trade Agreement (CETA): is
a progressive free trade agreement which covers virtually all sectors and aspects of
Canada-EU trade in order to eliminate or reduce barriers.
Canada Free Trade Agreement (CFTA): is an intergovernmental trade agreement that
entered into force on July 1, 2017 and replaces the former Agreement on Internal
Trade (AIT). Its objective is to reduce and eliminate, to the extent possible, barriers
to the free movement of persons, goods, services and investments within Canada
and to establish an open, efficient, and stable domestic market.
Commercial Goods or Services: means goods or services of a type generally sold or
offered for sale in the commercial marketplace to, and customarily purchased by,
non-governmental buyers for non-governmental purposes.
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 2 of 13
Competitive Pricing: acquiring services based on lowest overall pricing, including
upfront, operational, overhead and transactional costs. Competitive pricing requires
that three quotes be obtained from competing businesses. (Competitive pricing is
used in RFQ, RFT, and RFP processes).
Construction: means a construction, reconstruction, demolition, repair or renovation
of a building, structure or other civil engineering or architectural work and includes
site preparation, excavation, drilling, seismic investigation, the supply of products
and materials, the supply of equipment and machinery if they are included in and
incidental to the construction, and the installation and repair of fixtures of a building,
structure or other civil engineering or architectural work, but does not include
professional consulting services related to the construction contract.
Cost-Effective & Suitable Bidder: a Bidder who offers the best Value for Money and
meets all the outlined requirements highlighted in the bid document.
Direct Purchase: a supplier awarded procurement without the use of competitive
pricing.
MASH: municipalities, municipal organizations, school boards, and publicly funded
academic, health and social entities. These entities are known as the MASH sector.
New West Partnership Trade Agreement (NWPTA): economic partnership between
the governments of British Columbia, Alberta, Saskatchewan and Manitoba. The
agreement creates an interprovincial free trade zone.
Procurement: the acquisition of goods or services or combination thereof, by
means of purchase, rental, lease or conditional sale.
Purchasing Authority: an individual who has been delegated the authority to initiate
purchases from a Qualified Supplier up to a specified threshold.
Qualified Supplier: any entity that, based on assessment of that firm’s financial,
technical and commercial capacity, is capable of fulfilling the requirements of
procurement. A Qualified Supplier meets the minimum requirements with respect to
service, delivery, quality and other criteria.
Related Party: includes close family members of employees or Councillors, or an
entity controlled by or under the shared control of an employee or Councillor. Close
family members include a spouse, domestic partner, child or relative living in a
common household, a grandparent, parent, grandchild, brother or sister, and the
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 3 of 13
spouse or domestic partner of a child, a parent-in-law, a brother-in-law or a sister-
in-law.
Request for Proposal (RFP): this format is used for more complex deliverables
where Bidder ranking is based on price, quality, value and customer service. Bidder
responses may help inform the development of final specifications or performance
terms. This format allows for negotiation of the contract with the successful Bidder.
Request for Quotations (RFQ): this format is used to procure simple goods and
services where specifications may not be conclusive and a review process may be
required after the quotes have been received. The Bidder is typically, but not
always, assessed based on lowest price.
Request for Tender (RFT): formal written request for vendors to offer in writing
pricing for goods or services whereby the exact specifications are known and
providing that all tenders terms and conditions have been met the only determining
factor for the award is price. There is no negotiation with the successful Bidder.
Sole Source: a term that applies to procurement of good(s) or service(s) where no
competitive market exists by reasons of uniqueness of the goods or services or by
vendor limitations.
Tender: means a submission from a supplier in response to a tender notice.
Tender Notice: means a notice published by the County inviting interested suppliers
to submit a tender, a response to a request for prequalification, or both.
Trade, Investment and Labour Mobility Agreement (TILMA): agreement between the
governments of British Columbia and Alberta. The agreement provides for open and
non-discriminatory access to procurements of government entities. The agreement
has created a more open, competitive economy where goods, services, workers and
investments can move more freely between BC and Alberta.
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 4 of 13
Treasury Services: means services or financial products relating or ancillary to any
of the following:
a) Borrowing, lending, investing, managing or holding money, securities or other
property; and
b) Without limiting the generality of paragraph (a),
i. Managing debt, loan, asset or investment portfolios,
ii. Entering into commodity or other derivative transactions, or
iii. Acquiring, exchanging, disposing of or otherwise transacting in
securities, foreign currencies or any property acquired as a result of
borrowing, lending, managing or investing money or securities.
Value for Money: a foundational objective of the County is to maximize the value it
receives from use of public funds. A value for money approach aims to deliver
products and services with a lower total life cycle cost while maintaining high
performance and satisfaction standards. Value can be received in terms of both
quantitative and qualitative measures. These measures can include cost, customer
service, firm’s experience, delivery time, quality, etc. Evaluation criteria may differ
for each bid and project requirements, said criteria will be identified in any bid
document.
GENERAL GUIDELINES:
A purchase may only be made if it has been approved through the annual budget
process or otherwise authorized by separate resolution of Council; for an emergency;
or legally required to be paid.
No contract or purchase shall be divided to avoid any requirements of this policy.
Invoices should be compared to the original purchase authorization document and/or
supplier quotation and must be approved by the authorized employee prior to issuing
payment.
Commonly tendered services will be reviewed at minimum every 5 years and re-
tendered. These services include but are not limited to: Audit Services, Investment
Management Services, Cell Phone Service, etc. The transactional cost associated with
tendering such services must not outweigh the potential benefits received from
tendering new bids and must be practical in terms of needed time investment.
Failure to adhere to the requirements outlined in this Policy may lead to disciplinary
action up to and including termination of employment.
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 5 of 13
ETHICS AND CODE OF CONDUCT:
No purchase shall be made for personal goods and/or services for employees of the
County, any member of Council, or the public.
Purchases of goods or services from any employee or Councillor of the County, or
from any entity in which an employee or Councillor of the County has an interest,
should be avoided.
A contract for goods or services placed with a Related Party of an employee, or
Councillor, of the County shall be declared and that employee or Councillor shall not
be placed in a position to supervise or approve the execution of that contract.
All suppliers or potential suppliers must be treated equally. Any information made
available to one supplier must be made available to all potential suppliers.
Information that is not available to the public on request should not be released.
Budget or cost estimates shall not be released during the bidding process.
County personnel must not solicit, or accept gifts, gratuities or favours from suppliers
or potential suppliers other than promotional items of nominal value.
RESPONSIBILITIES:
The CAO is responsible for:
All purchases and expenditures of the County of Newell.
Delegating, revoking or amending purchasing authorities to employees.
Ensuring Employee’s with Purchasing Authority are familiar with the
purchasing policy and any other purchasing regulations.
Providing the Manager of Finance with the list of purchasing delegations and
limits initially and any time there is a change to the authorizations.
Directors/Managers are responsible for:
Carrying out the mandate of their department(s) as approved in budget.
Ensuring their employees understand the requirements of the purchasing
policy prior to being given Purchasing Authority.
Reviewing and approving all Request for Tender (RFT) and Request for
Proposal (RFP) documents before they are issued.
Reviewing bids, evaluation results and other relevant documents prior to a
contract being awarded.
Authorize purchases that are within their delegated authority.
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 6 of 13
Employees with Purchasing Authority are responsible for:
Obtaining applicable authorization(s) prior to asking for, obtaining, or securing
bids, proposals, services or goods.
Using a fair and transparent process when calling for, receiving, and evaluating
quotes and proposals.
Obtaining the best Value for Money by achieving the specified needs of quality,
health & safety standards, productivity, service life, customer service, firm
experience and expertise, delivery time, capability, and total cost of ownership.
Ensuring contractors meet the requirements of the County’s “Contractor Safety
Program” where applicable.
APPROVAL AUTHORITY:
CAO, Directors and Managers may approve purchases and contracts up to $350,000
which have been included in the budget of their respective departments. Approval
Authority may be delegated by Directors and Managers to their staff in writing to the
Manager of Finance.
Council must approve purchases and contracts greater than $350,000.
Council approval is required if there is a significant change beyond the originally
approved project nature and scope of work.
APPROVAL AUTHORITY QUICK GUIDE:
$ Value Minimum Approval Authority within
(exclusive of taxes, and
Requirements Approved Budget
shipping)
$0 - $2,500 Direct Purchase CAO/Directors/Managers
$2,501 - $74,999 RFQ CAO/Directors/Managers
$75,000 - $349,999 RFP, RFT CAO/Directors/Managers
$350,000 and up RFP, RFT Council
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 7 of 13
VALUATION:
The value of a procurement shall be estimated as of the date the tender notice will
be published and shall include the estimated maximum total value of the procurement
over its entire duration, whether awarded to one or more suppliers, taking into
account all forms of remuneration, including:
a) Premiums, fees, commissions, and interest; and
b) The total value of options if the procurement provides for the possibility of
options.
SPECIFICATIONS:
Specifications are the responsibility of the issuing department within the framework
of the Purchasing Policy except where one department has been given the
responsibility to develop common specifications for all departments.
Specifications should:
Define the product or service required
Provide the minimum acceptable standards expected
Enable suppliers to bid requirements in a manner that will permit fair and
equitable evaluation to select the successful supplier
Protect the County’s position with regard to the legal requirements for
suitability and acceptability of the potential or actual offerings of prospective
suppliers
Specifications should document the requirements to be met in broad terms, avoiding
reference to manufacturers or brand names. Reference to manufacturers or brand
names may be used for the purpose of indicating quality only and must not denote
preference. Specifications should include but not be limited to quality, performance,
availability of parts or service or other characteristics necessary.
Technical standards must clearly delineate between mandatory requirements (e.g.
CSA Approved) and those which are preferable.
The acceptability of alternative or equivalent product standards should be identified
where possible. If substitutions or equivalencies are not acceptable, a statement to
this effect should be included in the specifications.
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 8 of 13
ADVERTISING & PUBLICATION OF AWARD REQUIREMENTS:
All RFP’s & RFT’s must be advertised as follows:
On the County website
On Alberta Purchasing Connection where the request is for,
o Goods or Services of $75,000 or greater, or
o Construction of $200,000 or greater.
If advertising is required on Alberta Purchasing Connection ensure advertising
meets the minimum posting period requirements and that award information
is published:
o Minimum posting period of 14 days (10 days if electronic tender
submissions are accepted) for Commercial (off the shelf) Goods and
Services and for all other goods and services less than $200,000 and
Construction less than $5,000,000.
o Minimum posting period of 30 days (25 days if electronic tender
submissions are accepted) for all other goods and services of $200,000
or greater and Construction of $5,000,000 or greater.
o RFT/RFP award information must be published no later than 72 days
after the award of the contract. The notice shall include at least the
following information:
a) A description of the goods or services procured;
b) County name and address;
c) Name and address of the successful supplier;
d) The value of the successful tender;
e) Date of the award; and
f) if limited tendering was used, the conditions and circumstances
described in Article 513 of the CFTA that justified its use.
AWARD CONSIDERATIONS:
In addition to price, consideration may be given to the following in determining the
lowest Cost-Effective and Suitable Bidder:
1. The ability of, and skill of the Bidder to provide the goods and services
requested.
2. The ability of the Bidder to perform the contract or provide the services
promptly or at the time specified without delay or interference,
3. The character, integrity, reputation, judgment, experience and efficiency of
the Bidder,
4. The quality and performance of previous contracts, goods or services,
5. The sufficiency of the financial resources and ability of the Bidder to perform
the contact or provide the goods or services,
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 9 of 13
6. The quality, availability and adaptability of the goods or contractual services
to the particular use required,
7. The ability of the Bidder to provide future maintenance and services for the
items acquired,
8. The number and scope of conditions attached to the bid.
METHODS OF PROCUREMENT:
Direct Purchases: The direct purchase process may be used to obtain incidental
goods and services. These low dollar value procurements do not require competitive
pricing.
Negotiated Method: This method of purchase refers to the negotiation of an
agreement for the purchase of goods and services from a supplier where there is no
open competition. It is used in cases where the following conditions may be present:
1. when goods or services are available from only one source;
2. where compatibility within an existing product or process is the overriding
consideration;
3. when two or more identical lowest bids have been received;
4. when, due to market conditions, goods are in short supply;
5. when all acceptable bids exceed the amount budgeted and re-tendering
would not be beneficial;
6. when the extension or reinstatement of the existing contract would be the
most cost effective or beneficial method and is in the best interest of the
County;
7. in an emergency, where goods and services are deemed necessary and
time and safety concerns reasonably limit the use of any other prescribed
procurement process;
8. when no bids are received on a formal quotation, tender or request for
proposal;
9. when goods are required for resale and thus an important factor in choosing
a successful Bidder is marketability and profitability;
10.where the County would be best served through negotiations.
Request for Quotation (RFQ): Used to request bids from vendors for specific goods
or defined services that are low risk to the County, and where requirements and
specifications are clearly defined. This informal procurement process is normally used
when the cost and/or nature of the work does not warrant the time and level of effort
required for a formal process.
In the RFQ process the Purchasing Authority must:
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 10 of 13
Provide specifications to describe the requirements;
Provide any acceptable criteria if applicable;
Obtain written quotations from three Qualified Suppliers where possible;
Document results of the quotations and attach to the winning invoice; and
Purchase from a Qualified Supplier that provides the best Value for Money.
Request for Proposal (RFP): An RFP is a formal invitation to suppliers to describe
how their goods and services can meet specific needs of the County. Through the RFP
a supplier is invited to demonstrate their expertise by proposing a solution to a
problem, requirement or objective, for more complex deliverables. An RFP is less
formal than the tender process.
In the RFP process the Purchasing Authority must:
Clearly describe the nature of the goods or services requested
Follow the advertising and publication of award requirements of this policy
Where possible, invite a minimum of three Qualified Suppliers to respond.
Provide specifications regarding the problem, objective, or requirement
Provide any acceptable criteria if applicable
Document and file proposals. Proposals will be linked to the winning invoice.
Purchase from a Qualified Supplier that provides the best Value for Money.
All proposals over $350,000 shall be recommended to Council for approval.
Request for Tender (RFT): This formal, competitive, sealed bidding process is used
for goods and services defined by clearly stated, well-defined criteria and
specifications, in respect of which an award can be made without negotiation.
Tenders may be prepared and bids requested for the sole purpose of eliciting the
lowest price from a specific supplier of a specific product.
Pre-qualification of Bidders may be desirable to ensure that prospective Bidders have
the necessary knowledge, experience, and financial resources to complete the work.
Certain portions of the tender documents (i.e. specifications) may be made available
if pre-qualification is required for a particular tender.
In the RFT process the Purchasing Authority must:
At a minimum, include the following information in the tender notice:
o County name and address;
o The place where a person may obtain information and tender documents;
o A brief description of the procurement;
o The nature and the quantity, or estimated quantity, of the goods or services
to be procured unless those requirements are included in tender
documentation;
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 11 of 13
o The address and final date and time, specific to the second, for the
submission of tenders;
o The date, time, and place for any public opening of tenders;
o A list and brief description of any conditions for participation of suppliers,
including any requirements for specific documents or certifications to be
provided by suppliers, unless those requirements are included in tender
documentation that is made available to all interested suppliers at the same
time as the tender notice;
o For goods and services in excess of $100,000 and Construction in excess
of $250,000, a statement that the procurement is subject to Chapter 5 of
the CFTA.
o The time-frame for delivery of goods or services, or the duration of the
contract;
o A description of any options, unless those requirements are included in
tender documentation;
o The procurement method that will be used, and whether it will involve
negotiation or electronic auction;
o If the County intends to select a limited number of qualified suppliers to be
invited to tender, the criteria that will be used to select them and, if
applicable, any limitation on the number of suppliers that will be permitted
to tender, unless the criteria and any limitations are included in tender
documentation; and
o The language or languages in which tender or responses to requests for
prequalification may be submitted, if they may be submitted in a language
other than that of the tender notice.
Follow the advertising and publication of award requirements of this policy
Ensure tender specifications are reviewed by at least two persons.
When the possibility exists that the lowest tender will not necessarily be
accepted, this must be stated.
If the tenderer’s bid will not be accepted if it is not in the prescribed format,
specifically state the format which must be used,
If a closed tender process is being used, not accepting faxed or electronic
submissions.
Never accept tenders, or changes to tenders, after the closing time.
Never reveal results of tender openings until after spreads are completed.
Open tenders with at least two witnesses of the source department in
attendance.
Award the tender to the most Cost-Effective & Suitable Bidder that provides
the best Value for Money.
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 12 of 13
If the lowest Bidder is the most Cost-Effective & Suitable Bidder, the tender
can be awarded, provided it is within budget limits and within the Approval
Authority of the appropriate supervisor.
When tender award is recommended to a Bidder other than the lowest Bidder,
this recommendation must be presented to Council for their award.
Present any awards to be made that exceed budget estimates or are in excess
of $350,000 to Council for their award.
EXCEPTIONS:
The following are not subject to the provisions of this policy:
1. Treasury services;
2. Services provided by lawyers and notaries;
3. The rental, lease, purchase and sale of property, land or accommodation;
4. Registration for conferences, conventions, courses, workshops and seminars;
5. Memberships in professional and vocational associations;
6. Utilities including electric, gas, basic telephone;
7. Employee benefits, payroll premiums;
8. Insurance
9. Hiring of contract employees
10.Licenses, certificates, software and software licenses
11.Advertising services - newspaper, radio, television
12. Catering/food services
13. Emergency Procurement: where an urgent situation requires the immediate
procurement of goods and services that could not be obtained in time using open
tendering, the CAO or designate may purchase the required goods or services
notwithstanding any other provision of this policy. Such situations include those
which might involve danger to life, health or safety of employees or the public,
or to prevent damage to property and the environment.
14. Sole-Source Procurement: where it can be demonstrated that only one supplier
is able to meet the requirements of a procurement.
In the event that the minimum number of quotations, proposals or tenders is not
received the County may move forward and purchase goods and services as long as
a fair, open and transparent effort was made in advertising the purchase opportunity.
A fair opportunity to all suppliers will be deemed to have been provided if the above
requirements and all relevant legislation is adhered to.
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2018-PAD-051
TITLE: PURCHASING
ADOPTED: July 19, 2018 (C-219/18) SUPERCEDES NO: 2011-PAD-051;
2014-PAD-029
TO BE
REVIEWED: PAGE NO: 13 of 13
RECORD KEEPING:
The Bidder Submission Form, or equivalent, must be utilized in conjunction with
this policy when competitive pricing is used. Any additional pertinent information
(e-mails, written submissions, etc.) should be included with the Bidder Submission
Form. These forms are to be given to the Accounts Payable (AP) Clerk who is
responsible to scan the forms and attach them to the successful invoice in
Laserfiche.
Purchasing Policy – Bidder Submissions
To be utilized in conjunction with Purchasing Policy #2018-PAD-051
Quotation/Tender No. _______________
Item(s) to be Purchased:
__________________________________________________________________
__________________________________________________________________
Date Format Quote Submission Received (Name of Tender/Quote
Quote Received (Fax Company) Amount
Received E-Mail, etc.)
$
$
$
Name of Company & Amount of Successful Submission:
__________________________________ $_______________
Reason Submission was Successful:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Date: ____________ Signed: __________________________