1.0 Introduction
1.1 Purpose
1.1.1 This Policy is intended to outline the guiding principles of public Procurement and the approach Haldimand County will take when procuring Goods, Services or Construction.
1.2 Goals and Objectives
1.2.1 The goals and objectives of this Policy are as follows:
.1 To ensure openness, accountability and transparency while protecting the financial best interests of Haldimand County;
.2 To encourage competition amongst Suppliers where practicable, and ensure fairness and objectivity amongst Suppliers during the Procurement process;
.3 To promote and maintain the integrity of the Procurement process;
.4 To obtain best value through the combination of cost, quality and sustainability by ensuring quality, efficiency and effectiveness; and
.5 To mitigate risk-averseness so that it does not stifle innovation and market participation.
1.3 Code of Ethics
1.3.1 All staff authorized to conduct Procurement activities on behalf of Haldimand County shall adhere to the following principles, which are based on the tenets of the Ontario Public Buyer Association’s Code of Ethics:
.1 Open and honest dealings with everyone who is involved in the Procurement process. This includes all Suppliers with which Haldimand County Contracts or from which it purchases Goods, Services or Construction, as well as all members of Haldimand County staff and of the public who utilize the Services provided by Procurement staff.
.2 Fair and impartial Award recommendations for all Contracts. This means that Haldimand County does not extend preferential treatment to any Supplier, including local companies. Not only is it against the law, it is not good business practice, since it limits fair and open competition for all Suppliers and is therefore a detriment to obtaining the best possible value for each tax dollar.
.3 An irreproachable standard of personal integrity on the part of all those designated to complete Procurement activities for Haldimand County. Haldimand County staff and Council members each adhere to their respective Code of Conduct, which prohibits the acceptance of gifts or favours in exchange for business or business considerations. Furthermore, Haldimand County refrains from publicly endorsing any one company to prevent providing an unfair advantage over others.
.4 Cooperation with other public agencies in order to obtain the best possible value for every tax dollar. Haldimand County uses cooperative groups to maximize value and save on tax dollars when procuring Goods, Services, and Construction.
1.4 Application
1.4.1 This Policy applies to all members of Council, committee members, Haldimand County staff and Suppliers conducting Procurement activities on behalf of or for Haldimand County and is subject to all applicable legislation. If there is a conflict between this Policy and such legislation, legislation shall prevail.
1.4.2 This Policy does not apply to those items listed in Schedule A, Exemptions.
1.5 Interpretation
1.5.1 In this Purchasing Policy,
.1 The word “may” and “should” is permissive and used to indicate permission or a recommendation, implying the action is optional or advised but not necessarily required;
.2 The words “shall” and “will” and “must” are imperative and used to denote an obligation or requirement, indicating that action is not optional and must be done;
.3 Words used in the present terms include the future;
.4 Words in the singular number include the plural number and vice versa; and
.5 Where Haldimand County staff are authorized to do any act, such act may be done by their authorized designate unless specifically stated otherwise.
1.6 Severability
1.6.1 Should any article, section, subsection, clause or paragraph of this Policy be declared by a court of competent jurisdiction to be invalid or unenforceable, the decision shall not affect the validity or enforceability of any other provision of this Policy.
1.7 Definitions
1.7.1 In this Policy,
“Authority to Award” means the authorization delegated to designated staff to initiate and Award the purchase of Goods, Services or Construction up to the prescribed thresholds in accordance to this Policy;
“Authority to Execute and Bind the Corporation” means the authorization delegated to designated staff to sign Contracts on behalf of Haldimand County up to the prescribed thresholds in accordance to this Policy, or as otherwise delegated by Council resolution or bylaw;
“Authority to Pay” means the authorization delegated to designated staff to pay for Goods, Services or Construction up to the assigned thresholds in accordance to this Policy;
“Award” means to proceed with the purchase of Goods, Services or Construction from the Preferred Bidder(s);
“Bid” means an offer or submission received from a Bidder in response to a Procurement process, which may be subject to acceptance or rejection;
“Bid Request” means a written request for Bids or a solicitation;
“Bidder” means the entity or person who submits a response to an invitation to Bid;
“Blackout Period” means a specific duration in which certain types of communication or activity are restricted. This includes discussion with Mayor and Council but does not include discussions with Haldimand County Staff where the Bid solicitation allows for Bid rectification, clarification, Negotiation stages, or as otherwise stated in the Bid Request;
“Chief Administrative Officer” or “CAO” means the person appointed to that position as approved by Council;
“Conflict of Interest” means a situation in which financial or other personal considerations have the potential to compromise or bias professional judgement and objectivity, or has the potential for unfair financial gain;
"Construction" refers to work related to the creation, reconstruction, demolition, alteration, repair, renovation or maintenance of buildings, structure, roads, or other civil engineering or architectural works;
“Contract” means a legally binding agreement between two or more parties that creates an obligation to supply Goods, Services or Construction in return for money or other consideration;
“Contract Administration” means the functions that are performed after all parties have executed a Contract. Typical Contract Administration activities are goal-oriented and are aimed at ensuring compliance with the Contract terms and conditions while giving attention to the achievement of the stated output and outcome of the Contract;
“Contract Administrator” refers to Haldimand County’s representative who oversees and manages the Procurement process and Contract Administration as outlined in Section 3.4, Contract Administrators;
“Change Order” means a mutually agreed upon written order to authorize a change to a Contract between Haldimand County and the Supplier. Such changes may include a change in the works, schedule or price;
“Contract Extension” means extending the existing Contract with the same terms and conditions for a finite additional period of time upon a written mutual agreement between Haldimand County and the Supplier;
“Cooperative Purchase” means a competitive Procurement method that combines the requirements of two or more entities in order to obtain the benefits of volume purchases and/or reduction in administrative effort and costs, including Procurements conducted by group purchasing organizations;
“Council” means the Council of Haldimand County comprised of elected officials;
“Direct Purchase” means a purchase of Goods, Services or Construction within the thresholds indicated in this Policy;
“Emergency” means the head of Council has declared an Emergency under the Emergency Management and Civil Protection Act R.S.O. 1990, c.E9, as amended;
“Emergency Purchase” means a non-competitive Procurement method for circumstances outlined in Section 6.4, Emergency Purchase;
“Fleet” refers to the Procurement of any vehicle or related equipment and does not apply to equipment under the Innovation & Technology Services or any other division;
“General Manager” or “GM” means the head of a department within Haldimand County who is responsible for the Procurement process of their respective department;
“Goods” means moveable property, including the costs of installing, operating, maintaining, or manufacturing such property, as well as any necessary raw materials, products, supplies, equipment and other physical objects of every kind and description, whether in solid, liquid, gaseous or electronic form, unless they are procured a part of a Construction project;
“Haldimand” means the corporation of Haldimand County;
“In-house Bids” means a competitive bid from internal Haldimand County staff, comprised of one or more divisions which compete with external entities for Procurement opportunities;
“Leadership Team” means the group of staff consisting of the CAO, General Managers, designated Chief Officers, Directors, and Managers of Haldimand County;
“Limited Tendering Purchase” means a non-competitive Procurement method to obtain Goods, Services or Construction from one source where other sources may be available; or where only one source of supply exists that meets the requirements of the County;
“Manager” or “Director” or “Administrator” means the head of a division within Haldimand County who is responsible for the Procurement process of their respective division;
“Negotiation” means the action or process of conferring with one or more Qualified Bidders with the goal of reaching an agreement on a Procurement pursuant to this Policy. Negotiations may not be conducted when utilizing a binding Procurement method;
“Preferred Bidder” means the Bidder who has met or exceeded the minimum requirements of the Bid Request in its entirety as determined by Haldimand County in its absolute discretion and is being recommended for Award;
“Pre-Qualifications of Suppliers” means a non-binding competitive Procurement process for screening potential Suppliers through such attributes as experience, financial strength, education, experience or other pertinent considerations in order to establish a short-list of qualified Suppliers. The pre-qualification may be issued as a single-use, multi-use or standing arrangement;
“Policy” means this Policy;
“Procurement” means purchasing, renting, leasing or otherwise acquiring Goods, Services or Construction, including market research, estimating budget values, developing the description of requirements, determining solicitation method, selection of sources, preparation and Award of Contract and all phases of the Contract Administration;
“Procurement Procedures” or ”Procedures” means the administrative document that establishes actions to be followed by Haldimand County staff for Procurement that represents best practices and is consistent with the intent of this Policy;
“Purchasing Card” or “P-Card” means a credit card issued to an authorized Haldimand County staff member to be used for procuring and paying for Goods, Services or Construction within the established guidelines;
“Qualified Bidder” means a Bidder Haldimand County recognizes as having satisfied the conditions of participation, including but not limited to satisfactory references and sufficient evidence of equipment, personnel, financial capability, safety records, experience, and required licences;
“Request for Information” or “RFI” means a focused market research tool used to obtain information on product or service details, comments, feedback or reactions from potential Bidders prior to the issuance of a Bid Request. It is typically used when specifications are unknown or to determine Bidder interest. Feedback may include best practices, industry standards, and technology used;
“Request for Proposal” or “RFP” means a competitive Procurement process to obtain proposal submissions from Suppliers where detailed specifications are not able to be clearly identified; where Haldimand County is seeking solutions; where Haldimand County is seeking innovation; and/or where price is not the primary evaluation factor;
“Request for Quotation” or “RFQ” means a non-binding competitive Procurement process for obtaining Bids based on clearly defined specifications within the thresholds indicated in this Policy;
“Request for Tender” or “RFT” means a binding competitive Procurement process for obtaining Bids based on clearly defined specifications within the thresholds indicated in this Policy;
“Same Source Funding” means the project being proposed to transfer additional funds from contains the same funding sources as the receiving project. For example: a project is funded from 25% OCIF funding and 75% CRR-Roads infrastructure and it requires an additional $15,000. In this case, a funding transfer can only be completed from a project that is also 25% OCIF funded and 75% CRR-Roads Infrastructure;
“Senior Management Team” or “SMT” means the group of staff consisting of the General Managers, designated Chief Officers and Directors and the CAO of Haldimand County;
“Services” means intangible activities which are performed in order to deliver an outcome, including without limitation: labour, maintenance, professional, consulting, and other service-related activities;
“Supplier” means the entity or individual that provides or could provide Goods, Services or Construction to Haldimand County;
“Trade Agreement” means any federal or provincial agreement that is enacted (or amended) and of which the agreement requires Haldimand County’s Procurement activity compliance;
“Unsolicited Proposal” means an offer or proposal submitted by a Supplier in writing in the absence of a Bid Request. It may be submitted in response to a perceived need; and
“User Division” means the division within Haldimand County that requires the Goods, Services or Construction and is responsible for the Procurement process.