The Purchase Order Terms and Conditions form part of every Purchase Order issued by the County. No variation of the Purchase Order is authorized unless such variation has been approved by the County in writing. In the event of any variation of wording, the PDF version of the Purchase Order Conditions shall prevail.
This policy outlines the guiding principles of public procurement and the approach that all Haldimand County departments and its local boards will take when procuring goods, services or construction.
Purchase Order Terms and Conditions
The General Conditions form part of all Bid Documents issued by the County. Please note, the Bid Document references the applicable Version No. to be used. No variation of the General Conditions is authorized unless such variation has been approved by the County in writing.
Construction General Conditions
The Construction General Conditions form part of all Bid Documents issued by the County. Please note, the Bid Document references the applicable Version No. to be used. No variation of the General Conditions is authorized unless such variation has been approved by the County in writing.
Proper Invoice Checklist (Construction)
The Proper Invoice Checklist has been created to help assist Vendors when submitting invoices to Haldimand County in accordance with the Construction Act.
If Bid irregularity occurs, the bid submission shall be rejected as outlined below:
|1||Late Bids||Automatic Rejection|
|2||Unsealed Envelopes||Automatic Rejection|
|3||Failure to insert name of the Bonding Company on the form provided, where applicable||Automatic Rejection|
|4||Failure to provide a letter of Agreement to Bond, where applicable||Automatic Rejection|
|5||Failure to attend mandatory site visit(s), where applicable||Automatic Rejection|
|6||Bidder has not been previously prequalified under a related prequalification process, where applicable||Automatic Rejection|
|7||Bid received is from a Bidder serving a suspension period in accordance with Haldimand County Procurement Policy No. 2013-02||Automatic Rejection|
|8||Bids received on documents other than those provided by Haldimand County, when specified to do so||Rejected as Informal|
|9||Illegible or obscure Bids or Bids which contain additions not called for, erasures, alterations, errors or irregularities of kind||Rejected as Informal|
|10||Conditions placed by the Bidder on the Total Contract Price||Rejected as informal|
|11||Unit price has been provided but the corresponding extended total has been omitted||The extended total will be calculated from the unit price and the quantity specified, by the Owner|
|12||Bid contains an error in addition and/or subtraction in the approved documentation format requested when unit prices are totalled||The error shall be corrected and the corrected total Contract Price shall govern|
|13||Extended total has been provided but the corresponding unit price has been omitted||Rejected as incomplete|
|14||Both the unit price and the total price are left blank||Rejected as incomplete|
|15||Submissions containing prices which appear to be so unbalanced as to likely impact the interests of the County adversely||Seek clarification and may be rejected|
|16||Documents, in which all necessary Addenda having financial implication or scope of work amendments have not been acknowledged as required by the County||Rejected as incomplete|
|17||Failure to insert the Bidder’s business name in the space (s) provided provided on the Form of Offer||Rejected as incomplete|
|18||Failure to include the signature of the person authorized to bind the Bidder on the forms provided||Rejected as incomplete|
Tie Bid Procedures
Where bids received from competing Bidders are compliant and such bids are scored equally or
have the same low price or value for the County, the following process shall apply in order to break
the tie and determine the successful Bidder:
- Legal and Support Services shall send a written request to the tied Bidders informing them of the tied bid and inviting them to attend and observe a coin toss in order to break the tie.
- All participants in the coin toss shall sign an attendance form.
- The Bidder whose submission was documented as being submitted the earliest will call the draw (heads or tails).
- The coin will be tossed in the air by a member of Legal and Support Services and allow the coin to fall to the ground.
- The member of Legal and Support Services will announce the face of the coin tossed showing upward and announce the winner.
Post-Award Bid Protest
In order to initiate a formal notice of protest under this procedure, please follow the instructions below:
- If the Complainant is a Bidder, they must have requested and received a telephone debriefing prior to initiating a formal protest under this procedure.
- All protests must be received in writing by the Manager of Legal and Support Services no later than fifteen (15) days after the date of notification of the outcome of the selection process. Any protest not received within the fifteen (15) day period may not receive further consideration.
- The written notice of protest must clearly state the Bid Document name and number, nature of the complaint, history of events leading to the complaint (including relevant dates), previous discussions with Bid Contact and actions being requested of the County
- The Manager of Legal and Support Services will make every effort to acknowledge the notice of protest expeditiously.
- On receipt of the notice of protest, the Manager of Legal and Support Services will review the complaint to determine if further action is appropriate. A complaint may be dismissed without further consideration, where:
- the Complainant has not requested and received a debriefing;
- the notice of protest is received more than five (5) days after the debriefing; or
- the complaint is, in the opinion of the Manager of Legal and Support Services frivolous or invalid or otherwise inappropriate for consideration.
- If the complaint is dismissed, the Manager of Legal and Support Services will notify the complainant of the reason for dismissal.
- If the contract value is over $100,000, should the Bidder continue to have concerns and is not satisfied with the decision, the Bidder may then request in writing to the General Manager of Corporate & Social Services, a mediator to assist in resolving any outstanding issues between the Bidder and the County. The recommended mediator will be approved by both the Bidder and the County and will be selected from the ADR Institute of Ontario Inc. The mediator will be required to provide their findings no later than 90 (ninety) calendar days (or 135 days in extenuating circumstances) from the receipt of the complaint. The following conditions will apply:
- Costs for the mediator will be shared equally between the Bidder and the County.
- If the parties cannot themselves agree on a mediator, one will be appointed by the ADR Institute of Ontario Inc. from its roster of mediators.
- Any resolution reached through the mediation process shall remain confidential if requested by either of the parties
- If legal action has already been initiated related by the complainant, you may not use the bid dispute process.
- Remedies available if there is a breach of a procurement requirements will be made through corrective action or financial compensation. Financial compensation will be limited to either the costs for preparing the bid or the costs relating to the bid dispute, or both.
Conflict of Interest
Bidders shall disclose all perceived, potential and actual Conflicts of Interest. Please complete the Conflict of Interest Form below and include with your bid submission.
Bidders shall disclose if they are a party to litigation with the County. Please complete the Corporate Disclosure Form below and include with your bid submission.
Accessibility for Ontarians with Disabilities Act, 2005 (AODA)
Ontario legislature passed the AODA in 2005 with the goal of creating standards to improve accessibility across the province. The AODA allows the government to develop standards specific to accessibility that are designed to make Ontario more accessible. The first accessibility standard to be developed came into effect January 1, 2008, in the form of Ontario Regulation 429/07, “Accessibility Standards for Customer Service” (the Standard).
Under the Standard, Haldimand County must, by January 1, 2010, have trained contractors and goods & service providers (herein referred to as Contractors) who interact with the public or other third parties on the County’s behalf. Contractors are fully responsible for providing Accessible Customer Service training to all of their staff who provide these services. A Contractor representative with delegated authority must return a signed Compliance Form for Contractors to the designated County contact prior to the initiation of any contracted works.
To assist Contractors in training their staff, Haldimand County has developed Accessible Customer Service for Contractors, which is a training document for Contractors and Goods & Service Providers.
As outlined in the Procurement Policy, Support Services launched a Vendor Performance program that will be used to:
- Improve relationships
- Increase communication, and
- Document issues with vendors
Vendors may be suspended from bidding on any request for bids in a case where the performance of a vendor has been unsatisfactory.