Governance and Planning Purchasing

Transcription

1 Governance and Planning Purchasing Policy Number GP-07 The Simcoe Muskoka Catholic District School Board will perform its procurement activities in an ethical, cost efficient, accountable and transparent manner consistent with current guidelines for the public sector in Ontario. Reducing the Board s impact on the environment will be considered when goods and services are being procured. Procedural Guidelines Follow Statement Number ADMIN Purchasing Revised: Board # Wednesday, June 30, 2010 Reviewed: Board Policy Review Meeting #02 (Wednesday, February 25, 2015) 1

2 Table of Contents PURCHASING POLICY Governance and Planning Purchasing Policy # GP-07 3 Professional Standards Policy PS-01 Conflict of Interest 4 Procedures/Guidelines Supporting Professional Standards Policy Number PS-01 Conflict of Interest 5 PROCEDURES AND GUIDELINES INTRODUCTION AND OVERVIEW 7 PURCHASING RESPONSIBILITIES 8 EMPLOYEE/ELECTED OFFICIAL EXPECTATIONS AND RESPONSIBILITES 9 ENVIRONMENT 10 MANDATORY REQUIREMENTS FOR ALL PURCHASES 10 OVERVIEW OF PROCUREMENT PROCEDURES/GUIDELINES APPLICABLE TO ALL PURCHASES 13 PURCHASING METHODS AND COMPETITIVE PROCUREMENT THRESHOLDS 15 TANGIBLE CAPITAL ASSETS ADDITIONS AND DISPOSALS 16 PURCHASE METHODOLOGIES Competitive Quote Requirements Tender or Request For Proposal (RFP) Requirements Non-Competitive Procurement 27 CONTRACT MANAGEMENT 32 Appendix A MANDATORY REQUIREMENTS FOR ALL PURCHASES 34 Appendix B CONFLICT OF INTEREST DISCLOSURE, NON-DISCLOSURE AGREEMENT 35 Appendix C OTHER CONSIDERATIONS WHEN PURCHASING 38 Appendix D SCHOOL INITIATED PROJECT APPLICATION 39 Appendix E QUOTATION SUMMARY SHEET 42 Appendix F COMPETITIVE PROCUREMENT CHECKLIST 43 Appendix G NON-COMPETITIVE APPROVAL FORM 44 GLOSSARY OF TERMS 48 2

3 GOVERNANCE AND PLANNING Purchasing Policy Number GP-07 Purchasing The Simcoe Muskoka Catholic District School Board will perform its procurement activities in an ethical, cost efficient, accountable and transparent manner consistent with current guidelines for the public sector in Ontario. Reducing the Board s impact on the environment will be considered when goods and services are being procured. Statement Number ADMIN Purchasing Revised: Board # Wednesday, June 30, 2010 Reviewed: Board Policy Review Meeting #02 (Wednesday, February 25, 2015) 3

4 PROFESSIONAL STANDARDS Policy PS-01 Conflict of Interest Employees of the Simcoe Muskoka Catholic District School Board are entrusted with the protection of the public interest while providing service within the Board s Catholic learning environment. In view of the importance of this trust, it is essential that Board employees maintain the highest standards of honesty, integrity, impartiality and conduct and do not place themselves in a perceived or real conflict of interest. 4

5 Procedures and Guidelines Supporting Conflict of Interest Policy Number PS-01 Conflict of Interest is a situation in which an employee, whether for himself/herself or for some other person(s), attempts to promote a private or personal interest which results or could appear to result in: an interference with the mission, vision and values of the Board; a gain or an advantage by virtue of his/her position with the Simcoe Muskoka Catholic District School Board 1. If an employee is in any doubt concerning the propriety of any action concerning their relationship with the Board, the employee shall disclose a possible (real or perceived) conflict of interest to their immediate supervisor for determination. 2. Employees who have a direct or indirect personal or financial interest in any decision to be taken by the Board, or where that decision affects direct relatives, spouses or direct relatives of persons living in the same household, the employee shall not participate in the decision without first declaring their interest to their immediate supervisor who shall decide whether continuing participation is permissible. 3. Employees shall not step out of their official roles to assist private entities or persons in their dealing with the Board where this would result in preferential treatment to any person. 4. Employees shall not knowingly take personal advantage of, or benefit from, information that is obtained in the course of their official duties and responsibilities and that is not generally available to the public. 5. Employees shall not directly or indirectly use, or allow the use of Board property of any kind for anything other than officially approved activities in accordance with the Board s practices and standards. 6. Employees of the Board shall not buy from the Board with the exception of a public sale. 7. Employees shall not sell to the Board or to a school, either directly or through the use of school funds, any goods or services without declaring their interest and removing themselves from the decision making process. Employees shall ensure that their immediate families (spouse, parent, sibling or children), comply with this clause. 8. Employees shall not knowingly directly or indirectly use or attempt to use their position with the Board to purchase goods or services for their personal use from any supplier to the Board at a discount or on the same or similar terms to the Board. When a Board supplier offers staff purchase plans or arrangements that are available to all Board employees, no conflict of interest shall be deemed to exist. 5

6 9. Employees of the Board shall not knowingly either directly or through another person, accept a fee, gift of personal or economic benefit, from any person who has done, is doing, or might be reasonably expected at some time to do business with the Board other than incidental gifts, customary hospitality, or other benefits of nominal value. 10. Should an employee have concerns with regard to specific situations or if they become aware of a potential conflict of interest circumstance, they have an obligation and a right to report these concerns to their supervisor without fear of reprisal or retribution. June 14th,

7 Procedures and Guidelines Supporting Purchasing Policy Number GP-07 INTRODUCTION AND OVERVIEW Effective April 1, 2011, all School Boards in Ontario are mandated to follow the Broader Public Sector Procurement Directive as enacted under the Broader Public Sector Accountability Act, The Directive is designed to ensure that School Boards achieve value for money while following a procurement process that is fair and transparent to all stakeholders. Guiding Principles Accountability School Boards must be accountable for the results of their procurement decisions and the appropriateness of the processes. Transparency School Boards must be transparent to all stakeholders. Wherever possible, stakeholders must have equal access to information on procurement processes and results. Value for Money School Boards must maximize the value they receive from the use of public funds. A value-for-money approach aims to deliver goods and services at the optimum total lifecycle cost. Quality Service Delivery Front-line services provided by School Boards must receive the right product, at the right time, in the right place. Process Standardization Standardized processes remove inefficiencies and create a level playing field. The mandatory requirements of the Broader Public Sector Procurement Directive are: 1. Segregation of Duties 14. Non-Discrimination 2. Approval Authority 15. Executing the Contract 3. Competitive Procurement Thresholds 16. Establishing the Contract 4. Information Gathering 17. Termination Clauses 5. Supplier Pre-Qualifications 18. Term of Agreement 6. Posting Competitive Procurement Documents Modifications 7. Timelines for Posting Competitive Procurements 19. Contract Award Notification 8. Bid Receipt 20. Supplier Debriefing 9. Evaluation Criteria 21. Non-Competitive Procurement 10. Evaluation Process Disclosure 22. Contract Management 11. Evaluation Team 23. Procurement Records Retention 12. Evaluation Matrix 24. Conflict of Interest 13. Winning Bid 25. Bid Dispute Resolution 7

8 PURCHASING RESPONSIBILITIES 1. All procurement activities are to be compliant with the Broader Public Sector Procurement Directive. This includes school generated funds as well as Catholic School Community Councils. 2. All employees and elected officials must comply with this policy, its regulations and procedures. 3. All Supervisory personnel are responsible for ensuring their immediate staff are properly informed of this policy. 4. In accordance with the Education Act, no teacher, Supervisory Officer or other employee of the Board may promote or sell goods or services for compensation to any board, provincial school or teachers college, or pupil enrolled therein except as permitted by the Act. 5. To procure by purchase, rent or lease, the required quality and quantity of goods and services in an efficient and cost effective manner for all Board purchases including purchases made using school generated funds. Total acquisition cost, including acquisition, operating and disposal costs, as well as service, quality and delivery will be given consideration in evaluating bid submissions. 6. The purchase of materials, equipment, supplies and services used by the Board shall be the responsibility of the Purchasing Department. 7. Specific authority to issue all Purchase Orders, in the name of the Board is granted to the Buyer(s), under the supervision of the Controller of Finance and the Associate Director of Education (Business and Finance). 8. All purchases of goods and services with the exception of those items identified below will require a Purchase Order. In certain circumstances a duly executed contract may exempt the requirement of a Purchase Order. The Purchasing Department should be consulted to assist in determining if an exemption is acceptable and documentation authorizing the exemption should be retained. Examples of exceptions to the issuance of a Purchase Order are: Goods and services procured by petty cash. Cost must not exceed $ (including taxes) single invoice total (per vendor, per day). Goods and services procured by Board Purchasing Cards. Cost must not exceed the established transaction limits (including taxes) assigned for each cardholder. 8

9 Purchasing Card procedures must be followed. Fieldtrips Land Leases Bussing Utilities 9. The Board will not discriminate or provide preferential treatment in the awarding of a contract. (7.2.14) To participate, where deemed beneficial to the Board, in collaborative purchasing with other School Boards and Public sector agencies. EMPLOYEE/ELECTED OFFICIAL EXPECTATIONS AND RESPONSIBILITIES 1. Personal purchases made on behalf of an employee, elected official or family member is not permitted unless specifically covered under contractual obligations or other Board policy. 2. Employees and elected officials shall not use their authority, influence or office for personal gain or to advance the interest of any particular party and shall seek to uphold and enhance the integrity of all Board business operations. 3. Purchases made without an authorized Purchase Order will be considered an obligation of the person making the purchase and not an obligation of the Board. 4. Any arrangements, which may prevent fair competition, shall be avoided in order to ensure open competition among qualified bidders. 5. Lobbying, during a competitive procurement call, is prohibited. An official point of contact shall be named and communication with anyone other than the official point of contact from the time of issuance, up to and including the time of award, is prohibited. 6. Specific authority to issue all Purchase Orders, in the name of the Board is granted to the Buyer(s), under the supervision of the Controller of Finance and the Associate Director of Education (Business and Finance). 1 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

10 ENVIRONMENT Every effort shall be made to competitively procure, whenever possible, environmentally appropriate and ecologically sound products while giving vendors fair and equitable access to School Board business. The Board needs to consider environmentally responsible and sustainable goods and services as part of the purchasing decisions. The objectives of environmental sourcing are to: Provide an environmental role model for public procurement by making it a priority to use environmentally responsible goods and services, where feasible and cost effective; Support a healthier working environment for employees and for citizens in general through the purchase of environmental preferable goods and services; Increase demands for environmentally responsible goods and services, which may ultimately enhance their quality and cost competitiveness; Increase the conservation of resources through the use of more reusable products, and/or goods and services that require less energy and materials to produce or use. MANDATORY REQUIREMENTS FOR ALL PURCHASES Code of Ethics (7.1) 2 In addition to complying with the Professional Code of Ethics standards as published by Purchasing Management Association of Canada (PMAC), the Board follows the Ontario Broader Public Sector (BPS) Supply Chain Code of Ethics. These standards include: Professional standard of integrity and professionalism Demonstrating honesty, care and due diligence. Safeguarding of confidential information. Information received in the course of duties must not be used for personal gain. Avoiding situations of conflict of interest, including perceived conflict of interest. The acceptance of infrequent and reasonable hospitality of a small intrinsic value is allowed for individuals. The frequency and nature of gifts or hospitality accepted should not be allowed whereby the recipient might be influenced in making a business decision as a consequence of accepting such hospitality or gift. The absence of actual and perceived influence is of particular importance leading up to and during the Tendering and/or Request for Proposal process for a product or service. If any staff 2 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

11 member is uncertain about favours and gratuities, he/she should check with their immediate Supervisor or the Associate Director (Business and Finance) as deemed appropriate. Refer to Conflict of Interest Professional Standards Policy PS-01 and Procedures/Guidelines Supporting Professional Standards. Accountability and Transparency Purchasing activities will be open, fair, and transparent. Optimizing the use of resources in an efficient and effective manner. Obtaining the best value for public money. Compliance and Continuous Improvement Foster the continuous improvement of procurement procedures and guidelines. Comply with federal, provincial and municipal laws and all other laws without qualification or evasion. Improving staff supply chain knowledge and skill levels, and to share best practices. Conflict of Interest Employees/Trustees are ultimately responsible and accountable for using good judgment in the exercise of the Board's duties and must: disclose the actual or perceived conflict of interest to the employee s department supervisor or designate or for a Trustee, the Chair of the Board of Trustees in writing; and, avoid situations which may present actual or perceived conflicts of interest while dealing with persons or organizations doing business or seeking to do business with the Board. Each member involved in the evaluation process must sign an Evaluation Team Conflict of Interest and Non- Disclosure Agreement. Refer to Appendix B. Board Policy: refer to Professional Standards and Procedures/Guidelines Supporting Professional Standards Policy Number PS-01 Conflict of Interest. Education Act: Section 217 of the Education Act clearly prevents the purchase goods or services directly or indirectly from employees of the Board. When a conflict of interest exists, the Conflict of Interest Procedures/Guidelines should be used as a reference to evaluate and determine the appropriate course of action. Segregation of Duties and Approval Authority Levels (7.2.1) 3 3 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

12 In order to ensure accountability and transparency in the purchasing process segregation of duties must exist. One individual cannot be responsible for more than 2 of the following areas: Requisition, Budgeting, Commitment, Receipt and Payment. Budget(s) are authorized and approved by the Board on an annual basis. The Accounting/Finance Department allocates budgets to originators (Schools/Departments). Requisition(s)/Commitments are authorized by the budget holder (Superintendents / Principals / Managers). The originating department ensures budget exists and the Purchasing Department verifies a budget exists before a Purchase Order is issued. Receipt of goods may be done electronically (goods received on SDS/VIA) or in the form of a signed pack ing slip indicating receipt and forwarded to the Accounts Payable Department. All signed invoices must be forwarded to the Accounts Payable Department for payment. Commitment Approval Authority Schedule ( ) 4 Goods and Non-consulting services Any procurement of goods and non-consulting services must be approved by the appropriate authority as outlined below: Total Procurement Amount Approval Authority $0 - $20, Principal, Manager, Coordinator $20, to $50, Superintendent, Controller of Plant $50, to $250, Associate Director of Education (Business and Finance) $250, to $1,000, Director of Education > $1,000, Board of Trustees Authority to approve infrequent low dollar purchases of goods and non-consulting services made outside of the Purchasing Procedures and Guidelines shall be vested in the Controller of Finance up to $5, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

13 Consulting Services All consulting services regardless of value need to be competitively procured. Contact the Purchasing Department. Consulting services that are exempt from this process include those exempt under the Agreement on International Trade (AIT) and include: medical doctors, dentists, nurses, pharmacists, veterinarians, engineers, land surveyors, architects, chartered accountants, lawyers and notaries. Regardless of the exemptions available, the Board will procure these services using the procurement process. In the event that competitive procurement cannot take place, the appropriate authority level is identified below: Procurement Value Approval Authority $0 - $1,000, Director of Education > $1,000, Board of Trustees See the non-competitive procurement section for specific documentation requirements OVERVIEW OF PROCUREMENT PROCEDURES/GUIDELINES APPLICABLE TO ALL PURCHASES Purchasing procedures and guidelines to be followed are dependent upon the type of purchase and the dollar value of the purchase. Details on types of purchases, purchase methodology and approval requirements are summarized in the Purchasing Methods and Competitive Procurement Thresholds Chart (page 16). No goods or services shall be pre-paid by the Board. Exceptions include attendance at conferences and seminars, subscriptions and dues. Others which may arise from time to time will be reviewed and authorized by the Controller of Finance in consultation with the Associate Director of Education (Business and Finance). All consulting services, regardless of dollar value must be procured through a competitive process. Contact the Purchasing Department and refer to separate sections on Tender and Request for Proposal. The initial step in the purchasing process is to identify and define the purchasing need, determine that budget for the purchase exists and to determine the required methods of purchase. Other considerations when purchasing such as Health and Safety or CSA approvals must be considered in the purchasing process. Refer to Appendix C for items which may apply. In addition to complying with purchasing guidelines, school initiated projects will require Plant approval. Refer to the Principal s Handbook or Appendix D for the required forms. The overall value of procurement must not be reduced (e.g. dividing a single procurement into multiple procurements) in order to circumvent the approval authority requirements. 13

14 Purchases can be categorized into the following groups: Classroom and Office Supplies - Many categories of commodities have been tendered, (i.e. paper, arts and crafts and physical education equipment) and have been included in the Purchasing Catalogue. These items may be ordered directly through SDS/VIA. Other items may be purchased using a Board purchasing card. Please refer to the School Reference Guide. Textbooks - These do not require a quote as they are deemed to be sole sourced and as such would follow the non-competitive procurement process. A Purchase Order is required for these types of purchases. Fieldtrips - Threshold amounts will be followed for fieldtrips. Minor Capital Assets - These items include furniture and equipment with individual values of less than $5,000. Please refer to Appendix C Other Considerations When Purchasing. Repairs Audio Visual - Contact the Purchasing Department for current contract information. Computers - Contact the Manager of Computer Services. Other Equipment - Create a requisition and obtain a Purchase Order before any repair work is done. If a quote cannot be provided put an approximate dollar value on the Purchase Order. Any money unused will be credited back to your budget. Age and replacement value should be considered in the decision to repair equipment. Tangible Capital Assets - include equipment (>$5,000), furniture (>$5,000) computer hardware (>$5,000), computer software (>$5,000), buildings (> $10,000). All tangible capital assets purchased by the school will require Purchase Orders. Computer equipment requests should be reviewed with ICT to ensure compatibility with the existing computer infrastructure. Capital Projects and Repairs Projects and repairs to the school building and grounds initiated at the school level must have approval from Plant in order to ensure that all building code and safety aspects have been considered in the project. These types of projects could include repainting, chapel renovations, playground equipment, track, installation of outdoor basketball nets, signs, planting of shrubs and trees. Refer to Appendix D for the School Initiated Project Application. The Capital, Plant and ICT departments will be responsible for ensuring Building projects and repairs meet the Board s standard. The Purchasing Department should be consulted if it is unclear that Appendix C, Other Considerations When Purchasing, may be applicable or whether the purchase meets the approval/process requirements in terms of 14

15 obtaining three quotes. PURCHASING METHODS AND COMPETITIVE PROCUREMENT THRESHOLDS (7.2.3) 5 Purchasing methods and approval procedures apply to all purchases including school generated funds and Catholic School Community Councils. Dollar Threshold Type of Purchase Purchase Methodology Procurement $0 to $25, ( ) 6 Consulting 3 formal, written quotes Quotation Summary Sheet needs to be submitted to the Purchasing Department > $25, Consulting Tender or Request for Proposal (RFP) Contact Purchasing Department for detailed requirements Purchase Order must be issued. Purchase Order must be issued. < $ Miscellaneous items, single invoice total < $1, Low dollar value purchases $1, to $5, Non-tendered goods and non-consulting services $5, to $10, Non-tendered goods and non-consulting services Petty Cash Purchasing Card 3 verbal quotes, Quotation Summary Sheet needs to be submitted to the Purchasing Department 3 written quotes, Quotation Summary Sheet needs to be submitted to the Purchasing Department Purchase Order required if Purchasing Card is not accepted Purchase Order must be issued. Purchase Order must be issued. 5 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

16 $10, to $25, Non-tendered goods and non-consulting services > $25, Goods and nonconsulting services 3 formal, written quotes Quotation Summary Sheet needs to be submitted to the Purchasing Department Tender or Request for Proposal (RFP) Purchase Order must be issued. Purchase Order must be issued. > $1, to $25, Textbooks, Tendered goods and nonconsulting services No quote required Purchase Order must be issued TANGIBLE CAPITAL ASSETS ADDITIONS AND DISPOSALS Tangible Capital Assets The process for tangible capital assets will be included in School Reference manual. Furniture and Equipment consider Appendix C Other Considerations When Purchasing. Computer Equipment approval by ICT as to compatibility. Renovations Appendix D School Initiated Project Application form must be approved by Plant. Land and Buildings by Planning department. Disposal of Surplus Equipment and Portable Buildings All furniture, equipment and portable buildings purchased through Board approved budgets, school funds or donations are the exclusive property of the Board. Such items shall be sold by the Purchasing Department only under the direction of the Associate Director (Business and Finance) and/or Controller of Plant. Surplus will be disposed of in the most efficient manner possible. The preference shall be to re- use or recycle. Administrative Procedures 1) Any surplus equipment and buildings shall be disposed of through the Purchasing Department with the authorization of the Associate Director (Business and Finance) and/or Controller of Plant: a) Used elsewhere within the Board. b) Sale to the public (price to be established with the Purchasing Department). c) Public auction. d) Allocation to an education, charitable or community agency. 16

17 e) Conversion to salvage for component parts. f) Scrapping / demolition. 2) Portable classrooms, being retained for Board s needs are to be classified by the Plant and Planning Department in consultation with the Associate Director (Business and Finance) and/or Controller of Plant as: Reusable - suitable for continued student habitation Unusable - not suitable for student habitation All portable classrooms, deemed as surplus by Plant and Planning will be disposed of by the Purchasing Department. Any surplus portables will be offered to other educational institutions prior to public sale. PURCHASE METHODOLOGIES Competitive Procurement 1. Competitive Quote Requirements The process, also known as invitational competitive procurement, consists of a minimum of three (3) qualified suppliers to submit a response to the defined requirements. Note that the Purchasing Department routinely tenders goods and all items identified in the SDS/VIA Purchasing Catalogue have been competitively procured. Items identified in the SDS/VIA Purchasing Catalogue are exempt from the quotation process identified below, but still require a Purchase Order. Textbooks do not require a quote as they are deemed to be sole sourced and as such would follow the non-competitive procurement process. A Purchase Order is required for these types of purchases. The Purchasing Department has completed the required documentation for publishers identified in SDS/VIA. For purchases $1, to $5,000 which are not available through the SDS/VIA Purchasing Catalogue, verbal quotes will be obtained and documented on the Quotation Summary Sheet. Refer to Appendix E for the Quotation Summary Sheet. The Quotation Summary Sheet will be sent to the Purchasing Department with the Purchase Requisition. The Purchasing Department will review the Quotation and issue a Purchase Order. For purchases $5, to $10,000 which are not available through the SDS/VIA Purchasing Catalogue, 3 written quotes (including a no-bid) will be obtained from vendors and documented on the Quotation Summary Sheet. The Quotation Summary Sheet will be sent to the Purchasing Department with the Purchase Requisition. The Purchasing Department will review the Quotation and issue a Purchase Order. For purchases $10, to $25,000, formal quotes (a minimum of 3) will be requested from vendors. 17

18 Contact the Purchasing Department for requirements of a formal quote which will include terms and conditions. The Purchasing Department will review the formal Quotation and issue a Purchase Order. 2. Tender or Request For Proposal (RFP) Requirements Competitive procurement shall apply to all items valued at $25, or over. The process may involve the use of a Tender or RFP. The Purchasing Department will complete Appendix F Competitive Procurement Checklist for each Tender or RFP. Prior to committing the Board to purchase, research may be required in the form of Request for Information (RFI), Request for Expressions of Interest (RFEI), or Request for Supplier Qualifications (RFSQ) to better assess the Board s requirements/needs and to better understand the availability of suppliers. Request for Information (RFI) (7.2.4) 7 The purpose of an RFI is to gather general supplier or product information. This mechanism may be used when the Board is researching a contemplated procurement and has not yet determined what characteristics the ideal solution would have. Responses to RFI questions normally contribute to the final version of a subsequent RFP and may include targeted questions about the required output/acquisition, seeking combinations of industry leading practices, suggestions, expertise and even concerns and additional questions from proponents. NOTE: A response to a RFI MUST not pre-qualify a potential supplier and MUST not influence a supplier s chance of being the successful Proponent on any subsequent opportunity. Request for Expressions of Interest (RFEI) (7.2.4) 8 The purpose of an RFEI is to gather information on supplier interest in an opportunity or information on supplier capabilities/qualifications. The Board when wishing to gain a better understanding of the capacity of the supplier community to provide the services or solutions needed should use this mechanism. Information collected can also facilitate selecting the best possible competition method for a follow-up competition. NOTE: A response to RFEI MUST not pre-qualify a potential supplier and MUST not influence a supplier s chance of being the successful Proponent on any subsequent opportunity. 7 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

19 Request for Supplier Qualifications (RFSQ) (7.2.5) 9 The purpose of an RFSQ is to gather information on supplier capabilities and qualifications, with the intention of creating a list of pre-qualified suppliers. The typical result of this procedure is referred to as a Vendor of Record (VOR) or a preferred suppliers list. A VOR arrangement may be established only through an open and competitive procurement process and require appropriate approval authority An RFSQ document should specifically define the type of materials or services included as part of the process and set upper limits to the value of future awards. Further, the document should also clearly indicate the time duration the list is to be valid; the methods by which suppliers can be placed on the list and at what specific intervals opportunities for being qualified will come up. The document should also indicate that suppliers who do not participate in the pre-qualification or do not appear on the list may be excluded from opportunities. A VOR arrangement requires a second-stage selection process to assist the Purchasing Department in obtaining best value for money. Given that an open competition has already occurred to establish all VOR arrangements, the second stage selection process shall be concerned only with the particular goods, services or construction project to be procured, including the specific needs and issues for a particular assignment or project, such as contract price, the resources to be assigned, availability and timelines to complete the assignment or project. The Board may use source lists, such as VORs or preferred supplier lists for competitive procurements, provided that for any source list: a. the opportunity to register on the source list has been advertised competitively on an electronic tendering system; and b. registered suppliers in a given category will be given the opportunity to respond to calls as described within the RFSQ document for competitive procurement in that category. The RFSQ MUST contain specific language to disclaim any obligation on the part of the Board to actually call on any supplier as a result of the pre-qualification to supply such goods or services. Construction Projects For construction projects, the RFSQ process for general contractors, electrical, masonry and other subcontractors will occur for Minor (project values are less than $1.0 million) and Major ($1.0 million or greater) projects. The RFSQ process will start with the Purchasing Department utilizing an electronic tendering system (7.2.6) 10 and may include advertising in a newspaper of general circulation. Interested contractors may submit the required RFSQ documentation to be considered for the Vendor of Record 9 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

20 (VOR). Once the RFSQ stage has been completed, the second stage of the selection process will represent the invitational competitive procurement process. A minimum number of suppliers from the VOR listing will be invited to the process based on the dollar value Procurement Value $0 up to but not including $25, $25, up to but not including $100, $100, up to but not including $250, $250, up to the VOR Ceiling Price More than the VOR Ceiling Price Minimum Number of Suppliers to be Invited to the Second Stage Selection Open competitive procurement NOTE: All new school construction Tenders are approved by the Board. Tenders / RFP Tender When goods or services being acquired can be specified and fall within the threshold values established by the Board, a Tender document and process should be used. With Tenders, there is little variation among proposed solutions; therefore suppliers compete mainly on price. Tender documents must include submission date and closing time which must be a business day. Any submissions received after the closing time shall be returned unopened. (7.2.8) 11 RFP When only the need can be specified rather than the specified product or service to fill a need or when the Board requires alternative options or solutions, the RFP document and process should be used. The RFP document shall have predefined evaluation criteria in which price is not the only factor for award. 11 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

21 (7.2.18) 12 The term of agreement and any options to extend the agreement must be set out in the competitive procurement documents. Approval must be obtained before executing any modifications to the term of the agreement. Where market conditions are such that price protection cannot be obtained for goods and services having an annual total value in excess of $25,000, the Purchasing Department shall obtain competitive prices for short term commitments until such time as reasonable price protection and fair market pricing is restored. All Tenders received for the purchase of goods and services shall be tabulated, analyzed and awarded by the Buyer, in consultation with the initiator. Evaluation Team (7.2.11) 13 Every competitive process requires an evaluation team that will be responsible for reviewing all the compliant bids. Full participation in all aspects of the evaluation process is required by evaluation team members. Evaluation team members should be selected and participation confirmed before the competitive documents have been posted. Board evaluation team members will have been included in the development of the evaluation criteria and general requirements. Each member of the evaluation team must be fair, factual and be able to defend their evaluation. Each submission must be rated by each evaluation member. The records of evaluation scores must be retained for audit purposes. (7.2.12) 14 Evaluation team members will be made aware of the restrictions related to confidential information shared through the competitive process and refrain from engaging in activities that may create or appear to create a Conflict of Interest. The Board will require Tender/RFP team members to sign a Conflict of Interest Declaration and Non-Disclosure Agreement. Refer to Appendix B. The Board will require suppliers to declare a Conflict of Interest Declaration with each bid submitted. The Board must consider any Conflict of Interest during procurement activities applicable to all Trustees, employees, advisors, external consultants or suppliers. Posting Competitive Procurement Documents (7.2.6) (7.2.7) 15 Posting competitive procurement documents for Tenders and Request for Proposals shall be conducted through the Purchasing Department utilizing an electronic tendering system. Bids must be advertised for a period of 15 calendar days. Any addenda should be issued at least seven days PRIOR to the closing date of the Tender/RFP. The Board will endeavor to provide vendors be with a minimum response time of 30 calendar days for procurement of high complexity, risk, and/or dollar value. 12 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

22 Questions and addenda are posted in the same manner as the competitive documents when advertised to the market and therefore shall be made available to all potential proponents. The Board must ensure that the closing date of the competitive procurement documents is set on a normal working day (Monday to Friday, excluding provincial and national holidays). (7.2.8) 16 Submissions that are delivered after the closing time will not be considered. The Board abides by and is governed by legislation and trade agreements. Bidders Conference A bidders' conference is held if the Purchasing Department believes there is information that potential proponents will better understand if the information is presented to them. The Board shall determine whether a bidders' conference will be a part of the competitive process. A bidders conference should cover all the essential information from the competitive documents, including the following: a. scope and requirements of the procurement; b. submission guidelines (rules of the competitive process); c. timelines for the competitive process, including deadlines for questions and submissions; d. evaluation criteria, process and methodology; and e. contact information. The bidders conference may also cover any technical, operational and performance specifications. Any questions and answers that were discussed at the meeting shall be documented and posted on the website as an Addendum. The Board shall also determine prior to posting the competitive documents whether the bidders conference is mandatory, meaning that if potential proponents do not attend, their bids will be deemed noncompliant. Evaluation Criteria (7.2.9) 17 Every competitive process will be subjected to an evaluation criterion. This criterion shall be developed and included in the competitive documents. The criterion shall be used by the Board to select and award from the competitive process. All information regarding timelines of bids, bid receipts, evaluation criteria, evaluation methodology and process, selection process, tie score process, fixed evaluation criteria, 16 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

23 evaluation matrix (7.2.11) 18, conflict of interest, and dispute resolution process are contained within the terms and conditions of the individual Tender/RFP and the Tender/RFP specifications. (7.2.10) 19 Evaluation methods and processes to be used in assessing the proponent s submission must be fully disclosed. Evaluation criteria will be developed, reviewed and approved BEFORE the competitive process begins and contained within the Tender/RFP documents. Mandatory and any technical standards that need to be met will be identified. The evaluation criteria cannot be changed or altered once the competitive process begins, with the exception of an addendum sent to all suppliers prior, to Tender/RFP closing. For any procurement, the Board must assess conversion costs, if appropriate. The evaluation criteria and weighting shall not unduly favour an incumbent supplier or unduly disadvantage non-incumbent suppliers. The evaluation in a tendering process will be based on price only once all mandatory requirements have been met. For Request for Proposals, the evaluation process is normally comprised of three (3) key areas: mandatory requirements, rated technical criteria and price/cost. Evaluation criterion may take into account not only the submitted price but also quality, quantity, transition costs, delivery, servicing, environmental considerations, capacity of supplier to meet the requirements of the procurement, experience, financial capacity and any other criterion specifically related to the procurement. Mandatory criteria (e.g. technical standards) should be kept to a minimum to ensure that no bid is unnecessarily disqualified. (7.2.9) 20 Maximum justifiable weighting must be allocated to the price/cost component of the evaluation. Tender Openings The Board will identify, in the Tender document, the process in which the Board will open bids. The Board shall choose to open publicly or have a closed opening. 18 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

24 The opening process for all Tenders is as follows: Receiving and Opening Bids (7.2.8) 21 Each bid as it arrives is stamped with the date, time and initialed by the Board employee receiving the bid document. Bids are then forwarded to the Purchasing Department. Bids are only opened after the competitive process has closed. All bids shall be opened by a Buyer (or designate) and a minimum of one other individual, unless otherwise specified. The Buyer (or designate) shall be responsible for recoding date and time of opening of all bids. One other Board staff member in attendance shall initial each bid. Original copies of the bid specifications and vendor bids shall remain in the Purchasing Department. Submissions that are delivered after the closing time will not be considered. Closed Openings: Closed openings occur on all Tenders issued through the Purchasing Department for general school and office supplies, general services etc. Public Openings: Tenders for the Board shall be issued and received by the Purchasing Department and opened in public, if requested, at the time appointed in the Tender document, with the following persons constituting the Tender Committee: a) Buyer b) Initiator Tenders shall be opened and only the bottom line total will be disclosed and recorded at the public opening. In private, other information such as compliancy, sureties and other mandatory requirements of the Tender will be reviewed, and bid amounts entered on the Tender Summary Analysis. After all bids have been recorded on the summary sheet, it shall be initialed by at least two Board staff. Each Tender or RFP will be initialed by one of the Tendering Committee. Compliancy of Bid Documents The Purchasing Department shall ensure that the bid documents conform to mandatory requirements listed within the Tender/RFP document. Bids that are nonconforming to these mandatory requirements and conditions shall be rejected and receive no further consideration. 21 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

25 Evaluation of Bids The Evaluation team will evaluate bids based on the criteria set out in the procurement documents. For RFPs the Board must then select only the highest ranked submissions that meet all mandatory requirements set out in the related procurement documents. Tender selection after having met mandatory requirements will be determined by price. (7.2.10) 22 The Board will not discriminate or exercise preferential treatment in awarding a contract to a supplier as a result of a competitive procurement process. (7.2.14) 23 Alternative strategies or solutions NOT requested in the original procurement documents will not be accepted unless expressly requested in the original procurement documents. If no bids are acceptable and it is not reasonable to go through any other method, the Board may choose to negotiate directly with a chosen supplier or may choose to cancel the original Tender and retender or RFP. Non-selected bidders will be notified of the rejection of their bids in writing. With the exception of any pricing that was made publicly available at the time of a public opening, all submission evaluation details are subject to Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Awarding of Contract The submission that receives the highest evaluation score and meets mandatory requirements will be declared the winning bid. (7.2.13) 24 Prior to awarding a contract, the Board will do due diligence which may involve confirmation of financial resources, reference checks, etc. The Board will issue an award letter to the selected proponent awarding the contract. This letter must be duly executed. This letter will constitute the agreement as per the terms and conditions located in the Tender or RFP documents. (7.2.15/16) 25 A letter is sent to each supplier who has submitted a bid indicating award or non-award of the contract. (7.2.19) Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

26 Appropriate terminology regarding cancellation or termination clauses must be included in the contract. (7.2.17) 27 A Purchase Order should be issued upon formal award. All contract awards over $25,000 will be posted electronically as well as in the same manner as the posting of the original procurement documents disclosing the name of the successful bidder(s), start and end dates including any options for extension. Any information provided must comply with Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). (7.2.19) 28 The Board reserves the right to award the contract to the bidder(s) who has submitted the bid, which, in the Board s sole discretion, provides the best value to the Board, based on the criteria described in the bid documents. Vendor Debriefing (7.2.20) 29 The vendor debriefing option must be included in the competitive documents, including the process for requesting a debriefing session at the conclusion of the procurement process. The Board must allow suppliers 60 calendar days following the date of the contract award notification to request a debriefing. In conducting vendor debriefing meetings, the Board must: a. provide a general overview of the evaluation process set out in the procurement document; b. discuss the strengths and weaknesses of the supplier's submission in relation to the specific evaluation criteria and the supplier's evaluated score. If more than price is evaluated, the organization may provide the supplier's evaluation scores and their evaluation ranking (e.g. third or fifth); c. provide suggestions on how the supplier may improve future submissions; d. be open to feedback from the supplier on current procurement processes and practices; and e. address specific questions and issues raised by the supplier in relation to their submission. Questions unrelated to the procurement process must not be responded to during the debriefing and must be noted as out of scope based on the debriefing process agreed to in the procurement documents. 27 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

27 Bidder s Recourse and Bid Protest (7.2.25) 30 By contacting the Buyer, unsuccessful bidders will have an opportunity for a debriefing session. The debriefing will provide a bidder with a review of the unsuccessful bid, and of what, in the opinion of the Board, were its particular strengths and weaknesses. The process for protesting the procurement process is as follows: Within ten days of the award announcement, the proponent may request a meeting with the Purchasing representatives and additional evaluation team members. The request must be made in writing and must provide a detailed statement of the factual grounds for the protest. Copies of relevant documents and the form of relief requested should be included. Within ten days, the Purchasing representatives(s) and additional evaluation team members will obtain the information (considering the MFIPPA) and meet the proponent. If the proponent still objects to the award, the information will be forwarded to the Associate Director of Education (Business and Finance) who will review the information, audit the process and render an opinion. The results will be reported in writing to the Purchasing representative within ten days. 3. Non-Competitive Procurement (7.2.21) 31 Non-competitive procurement consists of purchase by: negotiation, emergency purchasing, single or sole source purchasing. It is generally used where it has been established that a competitive market does not exist or that the purchase is urgent and there is not enough time to allow for a competitive purchase. The Board must abide by terms and conditions as set out in Agreement on Internal Trade (AIT) or other trade agreements. An explanation and appropriate authorization are required as detailed in Appendix G Non- Competitive Approval Form. Purchase by Negotiation Purchase by negotiation shall apply when, in the judgment of the Buyer and the Associate Director of Education (Business and Finance), in consultation with the initiating Educational Leadership Council (ELC) member, Principal or Manager, any of the following conditions exist: 1. Due to market conditions, goods are in short supply. 30 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1, Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

28 2. There is only one known source of the goods or services. 3. Two or more identical low bids have been received. 4. The lowest bid received substantially exceeds the estimated cost of the goods. 5. All bids received fail to comply with the specifications, Tender terms and conditions, and it is impractical to recall Tenders/RFP. 6. The extension or revision of an existing contract would prove more cost effective or beneficial. The contract must be duly authorized by a Change Order and documentation provided to substantiate the extension or revision. 7. A single source or sole source is being recommended because it is more cost effective or beneficial for the Board. 8. Purchase of an item where compatibility with an existing product, service or program is an overriding consideration. 9. When only one bid is received through the tendering system. 10. Where goods or consulting services regarding matters of confidential or privileged nature are to be purchased and the disclosure of those matters through an open competitive process could reasonably be expected to compromise confidentiality, cause economic disruption or otherwise be contrary to the public interest. 11. Where an open competitive process could interfere with the organization s ability to maintain security or order or to protect human, animal or plant life or health. The Non-Competitive Approval Form must be prepared by the Purchasing Department and authorized by the Associate Director of Education (Business and Finance) and for those purchases greater than $100,000 must also be authorized by the Director of Education, in order to support and justify the decision to Purchase by Negotiation. This form must be completed prior to commencement of non-competitive procurement. Purchasing must receive the completed Non-Competitive Approval Form before a Purchase Order will be issued. Refer to Appendix G. Emergency Purchasing Emergency Purchasing shall apply when the Associate Director of Education (Business and Finance) or 28

29 designate verifies that the procurement of goods and/or services is necessary to prevent, or correct, dangerous or potentially dangerous safety conditions, serious delays, or further damage, or to restore minimum service. The following procedure shall apply: 1. The Associate Director of Education (Business and Finance) or designate will ensure that the goods and services are procured by the most open market procedure practicable under the circumstances. 2. Documentation including the Non-Competitive Approval Form (Appendix G) explaining the nature of the situation and the actions taken will be forwarded, with a purchase requisition, to the Purchasing Department and a copy sent to the Associate Director of Education (Business and Finance) or designate. Single Sourcing Single Sourcing is the use of non-competitive procurement process to acquire goods, services or construction from a specific supplier even though there may be more than one supplier capable of delivering the same goods, services or construction. Sole Sourcing (7.2.21) 32 Sole Sourcing - means the use of a non-competitive procurement process to acquire goods or services where there is only one available supplier for the source of goods or services. In accordance with the Agreement on Internal Trade (AlT), in the situation where only one supplier is able to meet the requirements of procurement, the Board may use the following Sole Source method: 1. To ensure compatibility with an existing product, to recognize exclusive rights, such as exclusive licenses, copyrights and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative. 2. Where there is an absence of competition for technical reasons and a particular supplier can only supply the goods or services and no alternative or substitute exists. 3. For the procurement of goods or services, the supply of which is controlled by a supplier that is a statutory monopoly. 4. For the purchase of goods on a commodity market. 32 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

30 5. For work to be performed on or about a leased building or portions thereof that may be performed only by the Lessor or its authorized work force. 6. For work to be performed on property by a contractor according to provisions of a warranty or guarantee held in respect of the property or the original work. 7. For a contract to be awarded to the winner of a design contest. 8. For the procurement of a prototype or a first good or service to be developed in the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases. 9. For the purchase of goods under exceptionally advantageous circumstances such as bankruptcy or receivership, but not for routine purchases. 10. For the procurement of original works of art. 11. For the procurement of subscriptions to newspapers, magazines or other periodicals. 12. For the procurement of real property. The Non-Competitive Approval Form (Appendix G) must be completed to support and justify the decisions above. This documentation must be completed and approved by the appropriate authority levels within the Board and may be used as supporting documentation in the case of a competitive dispute. Procurement Documentation and Records Retention (7.2.23) 33 All acquisition processes shall be documented by the Purchasing Department and kept on file by the Board. A record of the procurement process documentation includes the following: procurement justification or the business case. information regarding all supplier consultations, including any requests for information undertaken in the development of the procurement business case and/or procurement documents. evidence that all required approvals were obtained. all procurement documents used to qualify and select the supplier. where the procurement was conducted through a VOR arrangement, information regarding the second stage selection process used to select the particular vendor of record. where the procurement was single or sole sourced, documented justification, applicable exemptions and associated approvals. 33 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

31 all advertisements of procurement documents. all successful and unsuccessful responses, submissions, proposals and bids received in response to procurement documents, including the Conflict of Interest Declaration and other attached forms. information regarding any issues that arose during the procurement process. information regarding all evaluations of submissions, proposals and bids received in response to procurement documents. information regarding all vendor debriefings including written documentation of the offer of vendor debriefing. all award letters, notices and posted announcements. additional agreements. information regarding all changes to the terms and conditions of an agreement, including any changes that resulted in an increase to pricing. information regarding the management of the supplier, including how the supplier s performance was monitored and managed and, where applicable, mechanisms used to transfer knowledge from the supplier to board staff. risk assessment information and recommendations, where applicable. contractor security screening decisions, where applicable. information regarding all protests, disputes or supplier complaints regarding the procurement process. evidence of receipt of deliverables. any other documentation as identified by the Board. All procurement documents, as well as any other pertinent information for reporting and auditing purposes, must be maintained for a period of seven years and be in recoverable form if requested. 31

32 CONTRACT MANAGEMENT (7.2.22) 34 In order to ensure contracts are managed responsibly and effectively, the following factors will be taken into account during the life of a contract. Clear terms of reference for each contract need to be established. The terms of reference for services will include objectives, background, scope, constraints, staff responsibilities, tangible deliverables, timing, progress reporting, approval requirements, and knowledge transfer requirements. Contracts must be compliant with the Broader Public Sector Expenses Directive. Expenses are claimed and reimbursed only where the contract explicitly provides for reimbursement of expenses. Payment must be made in accordance with the provisions of the contract. All invoices must contain detailed information prior to Accounts Payable processing payments. Supplier performance must be managed and documented and any performance issues addressed. A dispute resolution process will be included in all contracts. 34 Broader Public Sector Procurement Directive Issued by Management Board of Cabinet, Effective April 1,

33 APPENDIX A Mandatory Requirements for all Purchases The Broader Public Sector Procurement Directive mandatory requirements are referenced as follows: 1. Segregation of Duties Approval Authority Competitive Procurement Thresholds Information Gathering Supplier Pre-Qualifications Posting Competitive Procurement Documents Timelines for Posting Competitive Procurements Bid Receipt Evaluation Criteria Evaluation Process Disclosure Evaluation Team Evaluation Matrix Winning Bid Non-Discrimination Executing the Contract Establishing the Contract Termination Clauses Term of Agreement Modifications Contract Award Notification Supplier Debriefing Non-Competitive Procurement Contract Management Procurement Records Retention Conflict of Interest Bid Dispute Resolution 28 Board Policy Review Meeting # Wednesday, April 04,

34 APPENDIX B (page 1 of 3) Evaluation Team Conflict of Interest Template TO BE COMPLETED BY EACH SUPPLY CHAIN EMPLOYEE I have read the Supply Chain Code of Ethics (attached) and understand the expectations for ethical conduct. Consistent with the Supply Chain Code of Ethics, I am capable of identifying a situation that constitutes a Conflict of Interest, such as but not limited to: I. Engaging in outside employment; II. III. IV. Not disclosing an existing relationship that may be perceived as being a real or apparent influence on my objectivity in carrying out an official role; Providing assistance or advice to a particular vendor participating in a competitive bid; Having an ownership, investment interest, or compensation arrangement with any entity participating in the bid process with the organization; V. Having access to confidential information related to the procurement initiative; and VI. Accepting favours or gratuities from those doing business with the organization. I agree to abide by Supply Chain Code of Ethics and the Procurement Policies and Procedures in all of my procurement activities. I declare that there are no actual or potential conflicts of interest arising out of my participating in procurement activities, except for the following: Signature Print Name Date 35

35 APPENDIX B ( page 2 of 3) Evaluation Team Non Disclosure Agreement TO BE COMPLETED BY EACH PROCUREMENT EVALUATION TEAM MEMBER RE: [RFP Number and Title] In accordance with the BPS Procurement Policies and Procedures, BPS Organizations must consider any conflicts of interest during procurement activities. I am a participant of the procurement initiative for the Request for Proposal ( RFP ) [RFP Number and Title] as a [Role and Title]. I acknowledge that I will acquire certain knowledge or receive certain written or oral information (collectively, the Information) which is non-public, confidential or proprietary to the proponents responding to the RFP. If unauthorized parties receive the Information, the interests of either the proponent or [Name of Org] may be severely damaged. I agree that, unless required by law or in the course of the procurement process, I will keep all the Information confidential. I will not, without the written consent of the [Name of Org] reveal or disclose it to anyone. Nor will I use it directly or indirectly for any purpose other than to gather requirements, develop RFP content, evaluate the proposals or advise [Name of Org] regarding the selection of the proponent for the procurement initiative. I further agree not to copy or circulate the Information except as a result of the written direction of [Name of Org]. I agree to keep all the procurement documents and templates and written information relating to the RFP in a secure place and to return this documentation to [Name of Org] at their written request. I also agree not to initiate or respond to any external inquiry relating to the RFP. In addition, unless otherwise required by law, or having obtained the written consent of the [Name of Org], I will not disclose to any person (other than persons authorized by [Name of Org]) any information about the project and the proposals submitted in response to the RFP. This includes the terms, conditions or other facts relating to the project, the evaluation, the matters discussed by the Evaluation Team and the proposals. This also includes, but is not limited to, the fact that discussions are taking place with respect to these things and their status, or the fact that the Information has been made available to me. I understand and agree that any delay or failure by [Name of Org] in exercising its rights, powers or privilege does not free me from these obligations. Nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege there under. I have completed a Conflict of Interest Disclosure (attached). Signature Print Name Date Please return to [Procurement Lead] Thank you. 36

36 SUPPLY CHAIN CODE OF ETHICS APPENDIX B ( page 3 of 3) Goal: To ensure an ethical, professional and accountable supply chain I. Personal Integrity and Professionalism All individuals involved in purchasing or other supply chain-related activities must act, and be seen to act, with integrity and professionalism. Honesty, care and due diligence must be integral to all supply chain activities within and between BPS organizations, suppliers and other stakeholders. Respect must be demonstrated for each other and for the environment. Confidential information must be safeguarded. Participants must not engage in any activity that may create, or appear to create a conflict of interest, such as accepting gifts or favours, providing preferential treatment, or publicly endorsing suppliers or products. II. Accountability & Transparency Supply chain activities must be open and accountable. In particular, tendering, contracting and purchasing activities must be fair, transparent and conducted with a view to obtaining the best value for public money. All participants must ensure that public sector resources are used in a responsible, efficient and effective manner. III. Compliance & Continuous Improvement All BPS supply chain participants must comply with this Code of Ethics and the laws of Canada and Ontario. Participants should continuously work to improve supply chain policies and procedures, to improve supply chain knowledge and skill levels, and to share leading practices. 37

37 CSA/HEPCO Approved APPENDIX C OTHER CONSIDERATIONS WHEN PURCHASING All electrical equipment must be Canadian Standards Association (CSA), Hydro Electric Power Commission of Ontario (HEPCO), and/or ULC approved for institutional use and labeled accordingly. Where applicable, certain equipment may be required to be equipped with three wire U- ground power cord. HEALTH & SAFETY All goods and services purchased must adhere to the Board s Professional Standards Policy PS-03. For WHMIS, Material Safety Data Sheets and other Health and Safety issues contact the Health and Safety Department. WSIB - Workers Safety Insurance Board In order to protect the interests of the Board, all invited contractors and suppliers performing work on Board property, must be covered under the Worker s Compensation Act. Under the terms of the Act, the Board could be held liable for Workers Compensation benefits awarded to anyone who suffers an injury on Board property if the contractor or supplier does not have current Worker s Compensation coverage. If a disability pension is awarded to a worker, and that person is not covered by his/her employer under the Act, the Board may be liable to pay the pension for as long as the disability exists. The Worker s Compensation Board will issue a Certificate of Clearance showing proof of coverage to any paid up contractor or supplier on demand. These Certificates are to be sent to the contract administrator where they will be recorded and kept on file. Ensure that all persons, invited to enter the Board property to perform work, have all insurance requirements filed and valid Certificates, or signed a waiver indicating their exemption. Contact Purchasing Department or Plant Services for further information. All applicants shall complete and submit a Contractors pre Qualification application and provide the required Health and Safety, Insurance, and WSIB documentation. 38

38 To be submitted to the Manager of Plant Services APPENDIX D Simcoe Muskoka Catholic District School Board Plant and Planning Department School Initiated Project Application 1 of 3 School: Date Submitted: Brief Project Description: Attach sketch or drawing as required. Reduced site plans available through Plant Services. Who will be performing the work: Volunteers Staff Other Pre Qualified Contractor ( list available from Plant ) Identify ( all ) the items that are part of the scope of work: Building Modification Electrical Painting Digging Landscaping Roof Access Equipment Installation Fencing Other Applicant: Principal's Signature Plant Use Only Circulation requirements: Project Number Planning Capital Purchasing H&S Office of the Associate Director Plant Services Site Review: Comments: Yes No 39

39 Appendix D Simcoe Muskoka Catholic District School Board Plant and Planning Department School Initiated Project Application Departmental Comments: 2 of 3 Plant Services: Capital: Planning: Purchasing: Health & Safety: Office of the Associate Director (Business and Finance) OSBIE Review 40

40 Project Review Summary: Appendix D Simcoe Muskoka Catholic District School Board Plant and Planning Department School Initiated Project Application 3 of 3 Approval: Yes No Reason if Project was not approved Additional Requirements: Building Permit ESA Inspection Municipal Review / Approval Engineers / Architect Stamp Drawing Amendment Planning Department Review / Approval Comments Copy to School File 41

41 APPENDIX E SIMCOE MUSKOKA CATHOLIC DISTRICT SCHOOL BOARD QUOTATION SUMMARY SHEET Date: Description: Quantity: Requisition # Date Required: ************************************************************************ Vendor: Phone#: address: Name of Contact: Price: Details: Rank: Vendor: Phone#: address: Name of Contact: Price: Details: Rank: Vendor: Phone#: address: Name of Contact: Price: Details: Rank: Board s Purchasing Procedures 3 Verbal quotes for orders $1,000 to $5,000 3 Written quotes for orders of $5, to $10,000 (attached) 3 Written formal quotes for orders $10, to $25,000 (attached) Tender/FRP process for orders over $25,000 42