2018-82 Procurement Policy By-law

THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD

BY-LAW NUMBER 2018-82

BEING A BY-LAW TO ESTABLISH A PROCUREMENT POLICY FOR THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD, AND TO REPEAL BY-LAW NO. 2015-50

This by-law is printed under and by authority of the Council of the Township of Southwold.

Disclaimer: The following by-law is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This by-law cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.

WHEREAS Section 9 of the Municipal Act, S.O. 2001, c. 25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority;

AND WHEREAS Section 8 of the Municipal Act, S.O. 2001, c. 25, provides that Sections 9 and 11 shall be interpreted broadly so as to confer broad authority on municipalities to a) enable municipalities to govern their affairs as they consider appropriate and, b) enhance their ability to respond to municipal issues;

WHEREAS Section 20 (1) of the Municipal Act, S.O. 2001, c. 25, as amended, provides the authority for adjoining municipalities to enter into agreements for joint undertakings;

WHEREAS Section 270 of the Municipal Act, S.O. 2001, c. 25, requires that municipalities enact a procurement policy;

WHEREAS it is deemed expedient to establish procurement policies for The Corporation of the Township of Southwold;

NOW THEREFORE the Council for The Corporation of the Township of Southwold hereby enacts as follows:

1. That this By-law shall be known and may be cited as the “Procurement Policy By-law”.

2. That Schedule “A” attached hereto forms part of this by-law.

3. That By-law 2015-50 is hereby repealed.

4. That this by-law shall come into effect upon its passing.

READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME, AND FINALLY PASSED THIS 26th DAY OF NOVEMBER, 2018.

___________________________                 ___________________________
Clerk Lisa Higgs                                             Mayor Grant Jones                   

Schedule “A” – By-law 2018-82

The Corporation of the Township of Southwold Procurement Policy

INDEX

1. Definitions and Interpretations 

2. Procurement Policies
a) General Policies 
b) Emergency Procedures
c) Professional & Consulting Services 

3. Procedures for Requesting Written Quotations
a) Written quotations from $10,001 to $50,000
b) Written quotations from $50,001 to $100,000

4. Procedures for Requesting Tenders
a) In-Housing Bidding
b) Advertising
c) Provision of Information to Tenderers
d) Return of Tender Documents By Hand
e) Tender Requirements
f) Bonding Requirements
g) Changes to Contract under Call
h) Receipt of Tenders
i) Withdrawal of Tenders
j) Opening of Tenders
k) Review of Tenders
l) Acceptance of Tender
m) Notification of Acceptance of Tender
n) Disposition of Withdrawn Tenders
o) Disposition of Deposit Cheques
p) Action When Successful Bidder does not Enter Contract

5. Procedures for Requesting Proposals
a) Requesting Proposals
b) Closing Time for Proposals
c) Receipt of Proposals
d) Opening of Proposals
e) Review of Proposals
f) Acceptance of Proposals
g) Notification of Acceptance of Proposal
h) Action When Successful Bidder does not Enter Contract

6. Conflict of Interest

7. Exemptions

1. Definitions and Interpretations

For the purpose of this By-law the following terms have the following meanings:
a) “Committee” means any committee appointed by the Council of The Corporation of the Township of Southwold.

b) “Council” means the Municipal Council of The Corporation of the Township of Southwold.

c) “Emergency” means an event which occurs which requires immediate repair or replacement of equipment, services, or facilities in order to maintain a required public service or to prevent danger to life, health or safety of employees or the public, or to prevent damage to property and may also include a Declared State of Emergency.

d) “Local Firm” means any firm operating within the Township of Southwold.

e) “Professional or Consulting Services” includes architects, engineers, auditors, banking services, insurance providers, surveyors, management consultants, legal representation and any other consulting and professional services provided to The Corporation of the Township of Southwold.

f) “Proposal” means an offer to provide goods or services for which the requirements have not been definitely specified.

g) “Quotation” means an offer to provide stipulated goods or services.

h) “Tender” means a sealed written offer submitted on a Township tender form by any company or individual in response to a publicly advertised invitation to supply stipulated goods or services at a particular price, which offer may be subject to acceptance or rejection.

i) “Township” means The Corporation of the Township of Southwold.

j) “Treasurer” means the Treasurer of The Corporation of the Township of Southwold.

In this by-law, unless the context requires otherwise, words in the singular shall include the plural and words in the masculine gender, shall include the feminine.

2. Procurement Policies

a) General Policies

i. No employee, elected official or committee member of the Township shall purchase goods, services or leasing, request quotes, proposals or tenders, or enter into contracts and agreements on behalf of the Township except in accordance with the provisions of this By-law.

ii. The goals of each procurement process are to procure the required quality and quantity of goods, services and/or leasing in an efficient, timely and cost effective manner and to encourage open competitive bidding for the acquisition and disposal of goods and services.

iii. The inclusion of any item in a department’s operating budget or capital budget shall confer to the Department Head the authority to incur such expenditures.

iv. Notwithstanding the inclusion of any item in a committee’s operating budget or capital budget, authorization from the Treasurer is required prior to the incurrence of such expenditure.

v. No employee, elected official or committee member of the Township is authorized to purchase any goods, services or leasing or award contracts for capital projects not included in the operating budget or capital budget without the prior approval of Council.

vi. Reasonable effort will be made by municipal employees and agents to provide an opportunity for local business to bid on municipal purchases.

vii. In accordance with the Discriminatory Business Practices Act, R.S.O. 1990, Chapter D.12, there will be no local preferences for purchases. All else being equal, preference will be given to purchase goods and/or services firstly from Township of Southwold based businesses, secondly from businesses located in the County of Elgin and thirdly from Canadian owned businesses.

viii. Purchases of less than $10,000 may be made at the discretion of the Department Head.

ix. The Township uses three types of procurement processes which are used under the following conditions:

a) For purchases greater than $10,000, but less than $100,000, quotations shall be received from at least three sources; if the Department Head cannot obtain three quotes, he/she must get the approval of the Treasurer.

b) Where deemed appropriate by the Department Head and Treasurer, the public tender process or the request for proposal process may be used for purchases of less than $100,000.

c) For purchases of $100,000 and more, the public tender process or request for proposal process shall be used.

d) Requests for proposal shall be used for professional and consulting services, following Section 2(c).

Where a Department Head wishes to incur expenditures not originally included in the operating budget or capital budget, a report shall be submitted to Council in order to obtain approval for such expenditure. The report shall contain sufficient information including an estimate for the purchase to enable Council to judge the propriety of the proposed expenditure and identify the source of financing.

x. Prior to Council adopting the operating budget and capital budget, no employee, elected official or committee member of the Township is authorized to purchase any goods, services or leasing other than those goods, services or leasing required on a recurring basis for the day to day operations of the Township, without prior approval of Council.

xi. Where it appears additional funds will be required to complete a project approved in the operating budget or capital budget, and where such funds appear to be available within the budget appropriation for the department, the Department Head may request that the transfer of the appropriation be made under the following provisions:

• to a limit of 20% of the budgeted cost of the project to the Treasurer, who if the approval is granted, shall report the transfer to Council.
• in excess of 20% of the budgeted cost of the project, Council must approve the transfers.

Notwithstanding the provisions of this By-law, where a Department Head or Council deems it necessary or in the best interests of the Township to acquire goods, services or leasing from a particular source, where a good, service or leasing is available from one source only or the extension of an existing contract would prove more cost-efficient or beneficial, Council may pass a resolution to approve the procurement of the goods, services or leasing from that particular source, without using any of the procurement processes.

No expenditure shall be authorized or permitted whereby a debt is incurred requiring authorization by By-law until Council passes the said By-law and all statutory authorization is received.

xii. No contract or purchase shall be divided to avoid the provisions of this By-law.

xiii. The Treasurer or designate shall monitor the procurement processes to ensure the rules of the procurement policy are followed and that the interest of the municipality, the public and the persons participating in a procurement process are protected.

xv. Every three years or as required, staff shall review this policy, evaluate its effectiveness and report to Council with recommendations as to any changes needed to improve its efficiency.

b) Emergency Procedures

Notwithstanding the provisions of this By-law, the said provisions shall be disregarded for goods, services or leasing that may be required in the event of an emergency situation. If expenditures relating to the emergency are anticipated to exceed $10,000, the Department Head must first obtain the approval of the Treasurer, Chief Administrative Officer, Mayor or Deputy Mayor. As soon after the purchase as reasonably possible, the Department Head shall provide a written report to the Treasurer and Council.

c) Professional & Consulting Services

For professional or consulting services being provided to the Township on a continuing basis, request for proposals shall be solicited from time to time at the discretion of the Treasurer or designate.

3. Procedures for Requesting Written Quotations

a) Written Quotations from $10,001 to $50,000

i. Written quotations shall be requested from a minimum of three suppliers, whenever possible.

ii. The supplier shall be provided with all the information required in order to submit a quotation.

iii. If, as a result of queries from prospective bidders, the quotation needs to be revised, each prospective bidder shall be notified of the revisions by telephone.

iv. All requests for written quotations shall include a specific day and time by which the quotations must be submitted to the Department Head. When received, quotations shall be initialed showing the date and time they were received.

v. The Department Head shall review the quotations. If the successful quotation falls within the budgeted amount of the project, the Department Head shall, with the approval of the Treasurer, award the contract. If the quotation exceeds the amount budgeted for the project; the Department Head shall submit a report to Council for approval.

vi. The successful quoter shall be notified of acceptance of the quotation by telephone.

vii. Information about the accepted quotation shall be available to unsuccessful quoters subsequent to the accepted quotation being approved.

b) Written Quotations from $50,001 to $100,000

i. Written quotations shall be requested from a minimum of three suppliers, whenever possible.

ii. The supplier shall be provided with all the information required in order to submit a quotation.

iii. If, as a result of queries from prospective bidders, the quotation needs to be revised, each prospective bidder shall be notified of the revisions by telephone.

iv. All requests for written quotations shall include a specific day and time by which the quotations must be submitted to the Department Head. All quotations shall be submitted in a sealed envelope. The envelope shall be initialed showing the date and time received and forwarded to the Department Head for safekeeping.

v. The quotations shall be kept in the custody of the Department Head or designate until the stated time of opening. Quotations shall be opened in the presence of the Department Head or designate and one staff member.

vi. The Department Head shall review the quotations. If the successful quotation falls within the budgeted amount of the project, the Department Head shall, with the approval of the Treasurer, award the contract. If the quotation exceeds the amount budgeted for the project; the Department Head shall submit a report to Council for approval.

vii. The successful quoter shall be notified of acceptance of the quotation by telephone.

viii. Information about the accepted quotation shall be available to unsuccessful quoters subsequent to the accepted quotation being approved.

4. Procedures for Requesting Tenders

a) In House Bidding

i. The Township does not accept in-house bids as part of the tendering process.

b) Advertising

i. All tenders shall be publicly advertised in local newspaper(s) having general circulation in the municipality and/or posted on the Township website.

ii. At the Department Head’s discretion, tenders may also be advertised in trade or special newspapers and/or posted on government tender document websites.

iii. Sufficient time, not less than two (2) weeks between advertising and the tender closing time, shall be allowed to permit a bidder to examine the specifications, obtain tender documents and complete and submit the tender.

iv. The advertisement shall contain the following information:

• the name of the municipality
• the type of service, equipment or project
• the official designated to receive the tender
• the date and local time tenders shall be received until
• the location where plans and specifications and tender forms may be obtained
• the charge, if any, for contract documents
• the official to whom queries may be directed
• a statement that the Township reserves the right to accept or reject any tender or all tenders and that “the lowest or any tender is not necessarily accepted”

c) Provision of Information to Tenderers

i. Upon the request of a prospective tenderer, the Department Head or designate shall supply the following materials for each contract:
• the official tender form
• tender materials such as specifications, plans, etc.
• a summary of the tender requirements
• a statement that failure to satisfy all of the tender requirements will result in the tender being rejected.

ii. When a fee for tendering material is being charged, the fee shall be payable to The Corporation of the Township of Southwold.

d) Return of Tender Documents by Hand

i. When, pursuant to the provisions of this By-law, tender documents and/or deposit cheques are returned to the contractor/supplier by hand, a letter acknowledging receipt must be signed by the bidder.

e) Tender Requirements

i. The correct tender form, as supplied by the Township, must be used.

ii. Tenders must be received on or before the closing time and date.

iii. All tenders shall either be mailed or delivered to The Corporation of the Township of Southwold.

iv. Tenders shall be submitted in a sealed envelope.

v. Tenders shall be addressed to the designated official.

vi. The outside of the envelope must be marked “Tender For” and identify the project to which the tender relates.

vii. The tender must be legible, written in ink or be typewritten and all items must be bid unless the tender specifically permits otherwise, with the unit price for every item, applicable taxes and other entries clearly shown.

viii. An authorized signing officer of the bidder shall sign the tender form in the space provided. The Corporate Seal of a corporate bidder should be affixed to the tender documents, or the signing officer must state in writing on the tender documents “I have the authority to bind the Corporation”.

ix. The authorized signing officer must initial removals, overwriting or strikeouts.

x. The tender deposit, for the amount stipulated in the tender documents, may be a certified cheque, bank draft, money order, bid bond or any combination made payable to The Corporation of the Township of Southwold, and must be submitted with the tender and enclosed in the same envelope as the tender.

xi. The tender shall be accompanied by an Agreement to Bond Form, when bonding is a requirement.

xii. Alternate proposals to the tender specifications will not be considered unless requested or permitted by the Township in the tender documents.

xiii. The tender must not be qualified by a statement added to the tender form, by a covering letter or by alterations to the tender form, unless requested or permitted by the Township in the tender documents.

xiv. A tender shall be refused if the tender requirements have not been met.

f) Bonding Requirements

i. The Department Head shall determine bonding requirements, if any, taking into consideration Ministry stipulations.

ii. When stipulated within the specifications of a tender, the specified amount issued by a Bonding Company satisfactory to the Township, must be furnished by the contractor before the contract is signed.

g) Changes to Contract Under Call

i. Interpretation should be made in reply to queries from bidders only in the form of a written addendum. When it is necessary to revise, delete, substitute or add to the tendering material for a contract under call, the Treasurer or designate shall approve the issuance of an addendum, an extension of the closing date, or cancellation of the competition.

ii. When an addendum is to be issued, a copy of each addendum shall be forwarded by facsimile or email, if possible, and, if considered necessary, subsequently by registered mail to each contractor/supplier who obtained tender forms for the contract at his last known place of business. The contractor/supplier shall be advised that a tender already submitted will be returned upon written request.

A copy of the addendum shall also be stapled to each tender form not yet distributed.

iii. When a competition is cancelled, each contractor/supplier who received tender documents shall be notified by facsimile or email and, if considered necessary, subsequently by registered mail of the cancellation of the competition. All tenders received shall be returned unopened to the contractor/supplier by hand or registered mail with a covering letter.

iv. When it becomes necessary to extend the closing date for receiving tenders for the competition, each contractor/supplier who received tender documents shall be notified by facsimile or email, if possible, and, if considered necessary, subsequently by registered mail. When tenders have already been received, the contractor/supplier shall be advised that the tender will be returned upon written request. An advertisement setting out the new closing date shall be inserted in the publication(s) originally used, when practical.

h) Receipt of Tenders

i. When a tender is received, the envelope will be initialed showing the date and time. The tender shall be kept in the custody of the Treasurer or designate until the stated time of opening. The Treasurer or designate will maintain a listing of tenders received.

Adjustments by telephone, facsimile, email or letter to a tender already submitted will not be considered. A bidder desiring to make adjustments to a tender must withdraw the tender and submit a revised tender. The bidder shall be advised of the withdrawal procedures.

ii. A tender delivered by hand after the closing time and date shall not be accepted.

Late tenders, other than delivered by hand, shall be returned, unopened, to the bidder. A covering letter stating the late receipt shall accompany the return.

A late tender, other than delivered by hand, without a return address on the envelope shall be opened, the address obtained and then returned. The covering letter should state why the envelope could not be returned unopened.

iii. The number of bids received and the names of the bidders are confidential and must not be divulged prior to the tender opening.

i) Withdrawal of Tenders

i. A prospective bidder who has submitted a tender may make a written request that his tender be withdrawn. The withdrawal shall be allowed if the request is made before the closing time for the competition to which it applies. Withdrawal requests must be directed to the Township by hand delivery, facsimile, or mail and signed by an authorized signing officer of the bidder, an email from the desk of an authorized signing officer will also be acceptable. Telephone requests shall not be acted upon.

ii. The withdrawal of a tender does not disqualify a bidder from submitting, before the deadline, another tender on the same competition.

iii. Tenders, which have been withdrawn, will be dealt with at the opening by announcing that the tenders are withdrawn and are to be returned unopened by registered mail or by hand to the bidder. The tender shall subsequently be returned unopened by registered mail or by hand to the bidder.

iv. Withdrawal requests received after the competition closing time will not be accepted. The bidder concerned shall be informed that the withdrawal request arrived too late for consideration.

v. If more than one tender is read under the same name for the same competition and no withdrawal notice has been received, the tender contained in the envelope bearing the time closest to the competition closing time shall be considered the intended bid. The other tender(s) received for that bidder shall be considered withdrawn and returned in the usual manner.

vi. In some instances, several tenders are opened at the same tender opening. At such an opening, at the conclusion of the reading of the bids on a competition, the low bidder on that competition may withdraw any remaining tenders on other competitions. The contractor/supplier shall attest in writing to his identity and state the contract(s) being withdrawn. The Notice of Withdrawal of Tender must be signed by the contractor/supplier and handed to the Treasurer or designate before the reading of the first tender on the contract(s) to which it applies.

vii. The Treasurer or designate, presented with the withdrawal notice, shall read the bidder’s name and announce that the tender has been withdrawn in accordance with established procedures. The bid amount of the withdrawn tender shall not be disclosed.

viii. Tenders withdrawn under this procedure cannot be reinstated.

ix. A contractor/supplier who withdraws a bid on the strength of being read as low bidder on a previous contract does not have the right to reinstate a withdrawn tender if subsequent checking proves that the tender on the previous contract was not in fact low or was not accepted.

j) Opening of Tenders

i. Any persons desiring to be present at the opening may attend.

ii. Tenders shall be opened in the presence of the Treasurer or designate or the Department Head or designate concerned and another staff member.

iii. When tenders have been sorted, a check of the Listing of Tenders received shall be made to ensure that all tenders received are accounted for. If a discrepancy occurs, the tender opening proceedings shall be delayed until all tenders have been accounted for.

iv. When all tenders have been accounted for, and withdrawal forms have been dealt with, the remaining tenders shall be opened.

v. For each contract, the Department Head or designate shall announce the number of bids received and for each tender, the name of the bidder, the total bid amount, and the amount of the deposit.

vi. If two tenders for the same contract are received in the same tender envelope, the signed copy, or if both are properly executed and prices differ, the lower price shall be considered the intended bid, which shall be processed in the normal manner.

vii. After reading the bid amount, the Department Head or designate shall note on the Record of Tenders Opened the name of each bidder, the amount of the tender and the deposit amount. The bidder’s name for each withdrawn bid shall be recorded immediately following the names of the bidders whose tenders will be considered, noting the method and date of withdrawal. When all the information has been recorded, the Record of Tenders Opened shall be closed by drawing a diagonal line in the unused space under the information listed.

viii. The names of all Township officials present must appear on the Record of Tenders Opened.

k) Review of Tenders

i. Tenders shall be reviewed as soon as possible after their opening by the Department Head.

ii. Tenders may be rejected if the tendering requirements have not been met.

iii. When a tender is rejected, the reason must be noted on the Record of Tenders Opened.

iv. The bidder shall be advised in writing as to the reason for rejection of the tender.

v. The report to Council shall include the rejected bidder(s) and state the reason for the rejection of the tender.

l) Acceptance of Tender

i. Following the review of tenders, the Department Head or designate shall submit a report and recommendation to Council for approval. The report shall outline the reasons in full explanation if the tender recommended for acceptance is not the lowest tender submitted. Reference should be made in the report to budget implications.

ii. The tender to be accepted will be at the discretion of Council.

iii. Council shall determine the acceptance of a tender. The Township reserves the right to accept any tender, or to reject any or all tenders.

m) Notification of Acceptance of Tender

i. Upon Council approval, the Department Head or designate shall immediately advise the successful bidder that a tender has been accepted.

ii. Information about the accepted tender shall be available to unsuccessful tenderers subsequent to the accepted tender being approved by Council.

n) Disposition of Withdrawn Tenders

i. Following the tender opening, withdrawn tenders shall be returned with the deposit cheques to the bidders by registered mail or by hand.

o) Disposition of Deposit Cheques

i. For contracts where a performance bond is required, the deposit cheque for the successful bidder will be retained until such time as the performance bond has been supplied in a form satisfactory to the Township.

ii. For contracts that do not require a performance bond, the deposit cheque of the successful bidder shall be retained by the Township until such time as the goods or services have been received.

iii. The deposit cheques of the other bidders will be returned to the bidder as soon as practical after the acceptance of the tenders and the return of these cheques shall be by hand or, if requested in writing, by registered mail.

iv. Deposit cheques from bidders other than the two low bidders may be returned upon tender opening at the discretion of the Department Head and Treasurer.

p) Action when the Successful Bidder does not Enter Into a Contract

i. If the successful bidder fails to enter into a contract or indicates that he will not perform the contract, the Department Head or designate and the Treasurer or designate may recommend one of the following to Council:
• that the tender shall be awarded to another bidder
• that the competition be cancelled.

In either case, the deposit of the successful bidder shall be forfeited.

ii. In the event the tender is awarded to another bidder, the bidder will be required to provide the required tender deposit or performance bond and all other provisions of this By-law will apply.

5. Procedures for Requesting Proposals

a) Requesting Proposals

i. Requests for proposal should be called when the requirements or services cannot be definitely specified to the satisfaction of the Department Head or designate.

ii. Requests for proposals may be by invitation and, at the discretion of the Department Head or designate, by public advertising in a local newspaper and/or on the Township website.

iii. At the Department Head’s discretion, requests for proposals may also be advertised in trade or special newspapers.

iv. If as a result of queries from prospective bidders, the document requesting the proposal needs to be revised, each prospective bidder shall be notified of the revision by telephone and subsequently facsimile, email or mail. If a proposal has already been submitted, the bidder may in writing request that the proposal be withdrawn. The proposal will then be returned unopened to the bidder by hand or registered mail.

b) Closing Time for Proposals

i. All requests for proposals shall include a day and time by which the proposals must be submitted to the Department Head or designate.

ii. All firms requested to submit a proposal shall be allowed at least seven working days before the deadline for submitting their proposal.

c) Receipt of Proposals

i. Proposals received must be submitted in a sealed envelope.

ii. The following information shall appear on the outside of the envelope:
• the name of the applicable Department Head
• that the envelope contains a “Proposal For” and identifies the goods or services to which the proposal relates.

iii. When the proposal is received, the envelope shall be initialed showing the date and time. The proposal shall then be forwarded to the appropriate Department Head.

iv. Any proposal received after the deadline shall not be accepted or opened, and the time and date shall be noted and the proposal returned, unopened, to the bidder with a covering letter stating the reason why the proposal could not be accepted.

v. The number of proposals received and the names of the bidders are confidential and must not be divulged prior to the opening of the proposals.

vi. Any proposal may be withdrawn prior to opening upon receipt of a written request from the bidder and the withdrawal shall be in accordance with subsection 4(i) herein.

d) Opening of Proposals

i. At a time established as soon as possible after the deadline for submitting proposals, all proposals shall be opened in the presence of the Department Head or designate or the Treasurer or designate and another staff member.

ii. Any persons desiring to be present at the opening may attend.

iii. The name of the bidders and whether the bid appears to be complete (i.e. bid deposit, signed forms, completed bid form, etc.) shall be read publicly. Bid amounts and details of the individual bids shall not be provided, pending further review of the proposals.

e) Review of Proposals

i. Proposals shall be reviewed and analyzed by the Department Head or designate who shall submit a report and recommendation to Council for approval. Reference should be made in the report to budget implications.

ii. In addition to price, consideration may also be given to the following in determining the successful bidder:

a) the ability, capacity and skill of the bidder to provide the goods or services requested
b) the ability of the bidder to perform the contract or provide the services promptly or at the time specified without delay or interference
c) the character, integrity, reputation, judgment, experience and efficiency of the bidder
d) past experience with the Township
e) the quality and performance of previous contracts, goods or services
f) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the goods or services
g) the quality, availability and adaptability of the goods or contractual services to the particular use required
h) the ability of the bidder to provide future maintenance and services for the items acquired
i) the number and scope of conditions attached to the bid

f) Acceptance of Proposal

i. The proposal to be accepted will be at the discretion of Council.

g) Notification of Acceptance of Proposal

i. Upon Council approval, the successful bidder shall be notified of acceptance of his proposal by telephone or email and subsequently in writing.

ii. Information about the accepted proposal shall be available to unsuccessful bidders subsequent to the accepted proposal being approved by Council.

h) Action when the Successful Bidder does not Enter into a Contract

i. If the successful bidder fails to enter into a contract or indicates that he will not perform the contract, the Department Head or designate and the Treasurer or designate may recommend one of the following to Council:
• that the tender shall be awarded to another bidder
• that the competition be cancelled.

ii. In either case, the deposit of the successful bidder shall be forfeited.

iii. In the event the tender is awarded to another bidder, the bidder will be required to provide the required tender deposit or performance bond and all other provisions of this By-law will apply.

6. Conflict of Interest

i. No requisition, vouchers, petty cash funds, or any other order, written or verbal, shall be issued for personal goods and/or services for employees of the Township, any member of Council or the public.

ii. No purchase of goods or services shall be made from any employee or member of Council or from any company in which an employee of the Township or member of Council has an interest. A contract for goods or services placed with a relative of an employee of the Township or a member of Council shall be declared and that employee or member shall not be placed in a position to supervise or approve the execution of that contract.

iii. No employee or elected official shall purchase surplus assets except by bidding on the same at public auction or by sealed bid.

7. Exemptions

This Procurement Policy establishes policies and practices applying to the purchase of all types of goods and services with the exception of the following:

i. The borrowing and investing of money
ii. The rental, lease purchase and sale of property, land or accommodation
iii. The admission or registration for conferences, conventions, courses, workshops and seminars
iv. Membership in professional and vocational associations and their publications
v. Utilities
vi. Employee benefits
vii. The hiring of contract employees
viii. Licenses, certificates and other approvals required
ix. Joint purchasing agreements
x. Engineering for drainage and bridges and project continuance
xi. Legal services
xii. Audit services
xiii. Planning services
xiv. Insurance services