By-Law Number 9 Concerning Procurement Contracts for Goods, Services and Construction

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1 By-Law Number 9 Concerning Procurement Contracts for Goods, Services and Construction Approved by the Board of Directors June 26, 2012 Amended by resolution 93-S-2-A March 11, 2014

2 TABLE OF CONTENTS Article 1 PREAMBLE 3 Article 2 DEFINITIONS 3 Article 3 LEGAL FRAMEWORK AND SCOPE OF APPLICATION 4 Article 4 GENERAL PRINCIPLES 5 Article 5 SIGNING AUTHORITY 7 Article 6 PROCESS 7 Article 7 ANALYSIS OF SUBMISSIONS, CONTRACT AWARDS AND PUBLICATION OF INFORMATION 12 Article 8 PERFORMANCE EVALUATION 14 Article 9 EFFECTIVE DATE AND AMENDMENTS 15 VANIER COLLEGE PROCUREMENT BY-LAW PAGE 2

3 Article 1 PREAMBLE Under the budgetary rules set out by the Ministry (MELS Ministère de l Education, du Loisir et du Sport) the College is required to adopt procurement policies that are consistent with the Quebec Policy concerning Public Markets (Politique sur les marchés publics the PMP) as well as the Loi sur les contrats des organismes publics (the Act) The College acquires goods and services necessary to achieve its mission In doing so it must ensure that it takes advantage of the best market conditions in a manner that is transparent, honest, fair, effective and efficient Article 2 DEFINITIONS 201 In this By-Law, unless otherwise indicated, the following words, terms and expressions mean: a) Act: the Act respecting Contracting by Public Bodies (RSQ ch C- 651) and its regulations b) College: Vanier College c) Construction: construction work covered by the Building Act (RSQ ch B-11) for which a contractor must have a license under chapter IV of this same Act d) Concession Contract: a service contract which includes but is not limited to food and beverage suppliers and parking administration e) Contract: a written agreement between the College and a supplier, service provider, or contractor which specifies the purpose, compensation and contractual conditions for each of the parties This agreement can be in the form of a purchase order f) Contract for goods on demand: a contract with a supplier used when needs are recurrent and the quantity, rhythm, or frequency of the goods is uncertain g) Contract for service on demand: contract with a service provider used when needs are recurrent and the number of requests, rhythm or frequency of the execution of the service is uncertain VANIER COLLEGE PROCUREMENT BY-LAW PAGE 3

4 h) Contractor: within the context of a construction contract, a legal enterprise (other than a non-profit organization), a professional recognized by the Office des professions or a self-employed worker i) Invitation to tender: a notice to individual vendors inviting them to bid on supplying goods, services or on a construction contract j) Procurement: the process of obtaining goods and services, including the preparation and processing of a requisition through to the receipt and approval of the invoice for payment k) Public tender: an open invitation to vendors to bid on the electronic tendering system designated under the Act l) Purchase: the purchase or lease of goods including their installation, implementation and maintenance m) Purchasing Department: the administrative unit under the direction of the Director of Administrative Services responsible for purchasing activities in the College n) Regionalized Call for Public Tender: an invitation to vendors of a specific region to bid on the electronic tendering system designated by the Act o) Service: work, other than that concerning the integration of arts into architecture and environment of government buildings and sites p) Service Provider: in the context of a service contract, a legal enterprise (other than a non-profit organization), a professional recognized by the Office des professions or a self-employed worker q) Specifications: the document outlining the general conditions and technical requirements of the College when it issues a public tender or an invitation to tender r) Submission: bid or quote in response to an invitation to tender or a public tender s) Supplier: in the context of a procurement contract, a legal enterprise (other than a non-profit organization), a professional recognized by the Office des professions or a self-employed worker t) Vendor: a contractor, service provider or a supplier Article 3 LEGAL FRAMEWORK AND SCOPE OF APPLICATION 301 This By-Law applies to all contracts by which the College procures goods and services, and awards construction contracts 302 For particular situations which are excluded see Article 615 VANIER COLLEGE PROCUREMENT BY-LAW PAGE 4

5 303 This By-Law is applied in compliance with applicable laws, bylaws, regulations and policies including and without limitation: Colleges Act Act respecting contracting by public bodies (Loi susr les contrats des organisms publics) Regulation respecting supply contracts of public bodies (Règlement sur les contrats d approvisionnement des organisms publics) Regulation respecting construction contracts of public bodies (Règlement sur les contrats de travaux de construction des organisms publics) Regulation respecting service contracts of public bodies (Règlement sur les contrats de services des organisms publics) Policy on public markets (Politique sur les marches publics) Market liberalization agreements entered into by the Government of Quebec (Accords de liberalization des marches publics conclus par le Québec) In the event of any inconsistency, provisions of laws and government policies take precedence over the provisions of this By-Law Article 4 GENERAL PRINCIPLES 401 The preparation and awarding of contracts for goods, services and construction is the exclusive responsibility of the Purchasing Department 402 The Director General and Directors of Services are responsible for ensuring compliance with this By-Law College Management Personnel are responsible for the application of this By-Law within their jurisdictions 403 All contracts which fall under this By-Law must respect all provisions therein Any contract which does not respect these provisions will be deemed null and void for the College and becomes the responsibility of the employee 404 Departments which require goods or services have the responsibility to clearly define the nature of their needs To this end, they will transmit to the Purchasing Department the specifications of the goods or services requested according to the standards established by the College These VANIER COLLEGE PROCUREMENT BY-LAW PAGE 5

6 specifications must be precise as to the type of need to be filled and the end use of goods or services; however, unless written justification is given, the specifications must be generic enough to allow for marketplace competition Moreover, purchases must be planned in a timely manner in order to respect principles and objectives of this By- Law 405 A College employee may not have direct or indirect interest in a contract that is subject to this By-Law if, in the exercise of his/her functions, the employee is directly or indirectly involved in the acquisition process, the preparation of tendering documents, the evaluation of proposals, or the decision to award the contract The previous paragraph does not apply: If the interest of the employee consists of the possession of shares in a company that he/she does not control, nor is an administrator or director, and for which he/she has less than 10% of the shares giving a right to vote If the employee has acquired the interest by inheritance or donation and has renounced or disposed of this interest as quickly as possible If the contract consists of bonds, notes, or other securities offered to the public by the College or the acquisition of bonds, notes, or other securities under no preferential conditions In an exceptional case (force majeure) when the overriding interest of the College requires that the contract be agreed to 406 The College acquires goods and services at the best overall price while fostering competition among vendors 407 The process of procurement is transparent, allowing potential vendors to have access to information on business opportunities with the College, criteria for assessment of bids and competition results 408 Preference will be given to: Goods and services which are consistent with the Vanier College Environmental Policy Local suppliers, to the extent permitted by agreements entered into by the Government Group purchasing agreements Partnerships and exchanges of services with other public bodies VANIER COLLEGE PROCUREMENT BY-LAW PAGE 6

7 409 It is recommended that the initiator of any purchase consider the environmental impact as well as the eventual cost of the disposal of the goods being purchased 410 The College s purchase requisition system must be used to request goods and services including service agreements with a value of $100 or more Acquisitions of goods and services with a value of less than $100 may go through the College s purchase requisition system or may be managed by departments Article 5 SIGNING AUTHORITY 501 All transactions subject to this By-Law are also subject to the limits on signing authorities set by the College policy on approval limits for capital expenditures 502 The authorization of the Director General is required for every procurement or service contract whose duration, including renewals exceeds three (3) years However in the case of contracts by mutual agreement the Director General may not approve a contract whose duration, including renewals, exceeds five (5) years 503 The Board of Directors may, by resolution, delegate all or part of the functions conferred by the Act and associated regulations to the Executive Committee or the Director General Article 6 PROCESS 601 With the exception of particular situations outlined in Article 302 the College issues public calls for tender or invitations to tender or negotiates contracts by mutual agreement according to the rules set out in this article 602 All values indicated in the following articles exclude applicable taxes 603 Books VANIER COLLEGE PROCUREMENT BY-LAW PAGE 7

8 All books must be purchased through the Library or Bookstore 604 Stationery Supplies All stationery supplies must be purchased through the Bookstore 605 Computer Equipment and Software All purchases of computer equipment and software must be approved for technical compliance and compatibility by the Coordinator of Information Technology Services or his/her delegate 606 Furnishing and Related Equipment All purchases of furnishings and equipment must be coordinated by the Director of Administrative Services or his/her delegate 607 Advertising All expenditures for advertising, including advertisements for employment at the College, must be coordinated with Vanier Communications 608 Advance Payments and Deposits All advance payments or deposits for goods or services not yet received must be approved by the Director of Finance Payment may be made for partial provision of goods or services 609 Procurement of Goods For an order of goods valued at less than $10,000 the College can negotiate a contract with a supplier by mutual agreement or can issue an invitation to tender to at least two (2) suppliers For an order of goods valued at $10,000 or more but less than $100,000, the College must issue a written invitation to tender to at least three (3) suppliers A public call to tender is recommended when the estimated value exceeds $85,000 For an order of goods valued at $100,000 or more the College must issue a public tender VANIER COLLEGE PROCUREMENT BY-LAW PAGE 8

9 610 Procurement of Services Other Than Professional Services For contracts for services valued at less than $10,000 the College can negotiate a contract with a supplier by mutual agreement or can issue an invitation to tender to at least two (2) suppliers For contracts for services valued at $10,000 or more but less than $100,000 the College must issue a written invitation to at least three (3) service suppliers A public call to tender is recommended when the estimated value exceeds $85,000 For contracts for services valued at $100,000 or more, the College must issue a public tender 611 Procurement of Professional Services For contracts for professional services valued at less than $100,000 the College can negotiate a contract with a service supplier by mutual agreement and report it to the Executive Committee For contracts for professional services valued at $100,000 but less than $250,000 the College may issue a regionalized call to public tender For contracts for professional services valued at $250,000 or more the College must issue a public tender 612 Construction or Renovation Contracts All contracts concerning construction or renovation are the responsibility of the Director of Administrative Services, who ensures that all regulations and directives are followed For any construction or renovation contract with an estimated value of less than $25,000 the College can negotiate a contract by mutual agreement or can issue an invitation to tender to at least two (2) contractors For any construction or renovation contract with an estimated value between $25,000 and $100,000 the College must issue a written invitation to three (3) contractors A public call to tender is recommended when the estimated value exceeds $85,000 VANIER COLLEGE PROCUREMENT BY-LAW PAGE 9

10 For any construction or renovation contract with an estimated value of $100,000 or more the College must issue a public tender 613 Contract Splitting or Segmenting The College may not split or segment its procurement requirements or modify a contract in order to avoid the obligation to make a public call to tender or any other obligation under the Act 614 Modification of a Contract A contract may be modified as long as the modification is accessory and does not change the nature of the contract For contracts of $100,000 or more, all modifications which exceed the amount already approved by the Executive Committee must be returned to the Executive Committee for approval An explanatory note by the requisitioning Department must be included in the purchasing file for audit purposes 615 The following particular situations are excluded from the process outlined above: The purchase, lease or transfer of a building Employment contracts and related expenses The purchase of textbooks, library books and educational DVDs The policy on reporting of expenses Advertising Non-credit teaching services Group purchases Goods and services acquired by a group purchasing agent mandated by the College such as the Service des achats regroupés of the Fédération des cégeps Rental of facilities external to the college Concession contracts In cases where no real competition exists because the contract is based on prices or rates determined by law, regulation or decree of the Government Public utilities The acquisition of services from public utilities, such as electricity, natural gas, telephone If there is an emergency that threatens human safety or property To ensure compatibility with existing products, to ensure the respect of exclusive rights such as copyright or other rights granted by license or professional qualification or for the maintenance of specialized VANIER COLLEGE PROCUREMENT BY-LAW PAGE 10

11 products when this maintenance must be carried out by the manufacturer or its authorized representative For contracts related to research and development activities or teaching activities and for which, because of technical reasons, there is no competition For contracts related to banking, financial or legal services, subject to the Ministry requirement to proceed to a call for tenders for external audit services at least once every five years For contracts for the services of an investigator, conciliator, negotiator, mediator, or arbitrator, for medical evaluation services of a doctor or dentist and for the services of an individual called in to act as an expert witness before a tribunal For contracts for goods or services that are available only from a specific supplier or service provider and that no substitution or exchange of goods or services can resolve For public markets of products or services whose provision is controlled by one supplier or service provider who holds a legislated monopoly To acquire goods available at exceptionally advantageous conditions, for example in the case of bankruptcy or receivership, but not for regular purchases When the contract is for goods or services for which there is a rate imposed or whose price is fixed by a legal or regulatory provision When there is only a single source available and it is more economical to negotiate directly with the supplier than going through distributors With the authorization of the Executive Committee if the contract involves confidential or protected information whose disclosure in a public call for tenders could compromise its confidential nature or otherwise hinder the public interest For work required on an asset by an entrepreneur in accordance with the provisions of a guarantee covering the asset or original work on the asset For the procurement of sand, rock, gravel or asphalt valued at less than $200,000; however it is recommended that the College follow procedures outlined in Article 603 for purchases of more than $100,000 VANIER COLLEGE PROCUREMENT BY-LAW PAGE 11

12 Article 7 ANALYSIS OF SUBMISSIONS, CONTRACT AWARDS AND PUBLICATION OF INFORMATION 701 The Purchasing Department is responsible for assuring the analysis of all submissions 702 The Purchasing Department is responsible for maintaining professional relationships with vendors and ensuring their integrity and that of College employees cannot be called into question Relationships with vendors and College employees are marked by courtesy, diligence, good faith and justice and any conflict of interest or any situation which could become a conflict of interest is avoided 703 As soon that it becomes apparent that participants in the analysis of the submission have a personal or business interest in any of the bidders they must notify the Purchasing Department immediately, indicating the nature of the interest 704 The College is not bound to accept any submission and may cancel a call for tenders at any time No bidder, for any reason whatsoever, has any right of recourse against the College following a decision by the College to cancel a call for tenders 705 Any submission in violation of Article 405 will be rejected 706 The Purchasing Department ensures a rotation of vendors for all purchases by using the tendering process for procurement as outlined in Articles 609 to 613 of this By-Law, by avoiding soliciting the same vendors in the invitation to tender process, or by using the public tender process in group purchases 707 The College applies the following criteria to award contracts: Contracts for goods: On price alone (according to the lowest price) On a minimum standard of quality and price (according to the lowest price) Contracts for services: On price alone (according to the lowest price) On a minimum standard of quality and price (according to the lowest price) On quality and price (according to the lowest adjusted price) On quality alone (according to the highest final mark) VANIER COLLEGE PROCUREMENT BY-LAW PAGE 12

13 Construction contracts: On price alone (according to the lowest price) 708 When the College uses criteria for awarding contracts other than price alone, the criteria and method of evaluation must be described in the tender documents The College uses the conditions and quality assessment measures outlined in the annexes to the regulations adopted under the Act 709 For an assessment of quality, the College must form a selection committee of at least three (3) members in addition to a secretary to coordinate the committee s work When the situation requires it, one committee member may be from outside of the College 710 The College policy on approval limits for capital expenditures determines the authority responsible for the analysis of the contract according to the amount of the expenditure 711 Contracts concluded following a public call for tender must be published in the electronic tendering system designated by the Act within fifteen (15) calendar days following the awarding of the contract 712 All contracts valued at $25,000 or more must be published in the electronic tendering system designated by the Act at the latest on November 1 and May 1 every year 713 At the time of the opening of bids following a public call for tender, the name of the bidders as well as their respective total bids (excluding taxes) are announced subject to later verification The results of this public opening of bids must be published in the electronic system designated by the Act in the four (4) working days following the opening of the bids When an evaluation of quality is required, only the name of the bidders need be published in the electronic system designated by the Act in the four (4) working days following the opening of the bids 714 The College informs each bidder of the results of the quality assessment for its bid in the fifteen (15) days following the awarding of the contract VANIER COLLEGE PROCUREMENT BY-LAW PAGE 13

14 Article 8 PERFORMANCE EVALUATION 801 The college must describe in a written report, in accordance with the provisions of the Act, the evaluation of a supplier whose performance is unsatisfactory 802 The College must proceed with this evaluation no later than 60 days after the end of the contract and transmit a copy of it to the supplier, contractor or service provider concerned If the College does not proceed with the prescribed deadline, the performance of the supplier, contractor or service provider will be considered satisfactory 803 The College can, if included in its tender documents, refuse the submission of a supplier, contractor or service provider who, during the last two (2) years preceding the date on which tenders are opened, was the subject of an unsatisfactory performance evaluation, who omitted to follow-up on a tender or contract, or whose contract was cancelled because of failure to observe the conditions agreed to Article 9 EFFECTIVE DATE AND AMENDMENTS 901 All amendments must be adopted by the Board of Directors of Vanier College in accordance with the Act and its regulations and College bylaws 902 This By-Law comes into effect on the date of its adoption by the Vanier College Board of Directors VANIER COLLEGE PROCUREMENT BY-LAW PAGE 14

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