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HomeMy WebLinkAboutProcurement Policy - Amended July 14, 2020 Cape Breton Regional Municipality Procurement Policy Procurement Policy Table of Contents PAGE 1.Policy Statement 3 2.Guiding Principles 3 3.Definitions 4 4.General 4 5.Authority of the Chief Administrative Officer 5 6.Purchasing Process 6 7.Methods of Procurement 7 7.1Low Value 7.2Price Agreements 7.3Tenders 7.4Two Phase (Envelope) Tender 7.5Request for Proposal 7.6Request for Quotation 7.7Negotiation 7.8Sole Source Purchases 7.9Emergency Purchases 8.Award of Contracts 11 9.Supplier Performance and By-law Compliance 12 10.Disposal of Surplus Equipment 13 11.Tender and Contract Documents, Bid and Performance Securities and Specifications 14 12.Special Services 14 13.Tie Bids 15 14.Purchases from/by CBRM Employees 16 15.Suppliers/Contractors indebted to CBRM 16 2 1.Policy Statement The Cape Breton Regional Municipality Council directs the operation of the Regional Municipality through its approved programs and policy. The purpose of this policy is to establish guidelines to ensure the best value in the purchase goods and services for the Regional Municipality in the manner approved by Council. 2.Guiding Principles The following principles will guide the procurement practices of the Cape Breton Regional Municipality:  Procurement policy provides a direction for the expenditure of funds to complete the programs approved by Council in the annual Operating and Capital Budget.  Procurement policy and procedures must provide the best value in the purchase and disposal of all goods and services for operations of the Cape Breton Regional Municipality.  The procurement process is to be open, fair and consistent.  The total cost of acquisition is to be considered which includes the initial investment and costs incurred throughout the life cycle. (Repair costs, staff training, operation cost, and disposal are to be considered rather than just the lowest initial price).  Procurement methods are to encourage competitive bidding for the supply of goods and/or services.  To use suppliers, who are expected to provide satisfactory performance, based on: Performance o Previous contracts o Financial and other resources to complete the contract bid upon o References o  To encourage opportunities to collaborate with the business community to provide services to and for the Cape Breton Regional Municipality at the best possible value. 3 3.Definitions Bid - refers to a competitive bid received from either a Request for Quotation, Tender or Request for Proposal. Contract – a written instrument or electronic document containing the elements of offer, acceptance and consideration to which an agency is a party. Request for Proposals – a solicitation in which it is not advantageous to set forth the actual detailed requirements at the time of the solicitation and responses may be subject to negotiation. Price must be a factor in the award, but not the sole factor. Procurement Section – refers to the Procurement Section of the Finance Department under the direction of the Manager of Financial Services. Public Request for Submission – refers to Tenders, Requests for Proposals, Two Phase Bids etc. over the value of $20,000. Lowest Total Cost (best value) – shall be the bid price and may also include costs such as repair cost, staff training, operation cost, and disposal. These are to be considered rather than just the lowest price, when deemed appropriate and when they can be substantiated by the user department. Responsible Bidder – refers to a bidder whose reputation, past performance, and business and financial capabilities as such that the bidder would be judged by an appropriate authority as capable of satisfying an organization’s needs for a specific contract. 4.General 4.1 This policy applies to all Departments, Agencies, Boards and Commissions over which the Cape Breton Regional Municipality has jurisdiction. 4.2 The procurement of goods and services will be facilitated by the Procurement Section according to this policy. 4.3 The Cape Breton Regional Municipality will be under no obligation to accept the lowest bid or any bid received in response to a verbal or written request. 4.4 The Cape Breton Regional Municipality may remove a supplier name from consideration for a contract for up to three years based on poor performance or non- performance on a contract or conviction for a violation of any CBRM By-Laws or the Dangerous and Unsightly Premises Provisions of the Municipal Government Act. It is the responsibility of the department for whom the goods or service are provided to provide the supplier written notification (copied to the Purchasing Dept) of poor or 4 substandard work, failure to complete work as contracted, inferior or defective goods etc., before any supplier may be disqualified under this clause. 4.5 The Procurement Section shall work with the user departments to combine requirements where possible and encourage overall standardization of items, to reduce the overall cost to the Municipality. 4.6 The ProcurementSection shall work with other levels of government, other agencies, boards and commissions, associations such as the F.C.M. (Federation of Canadian Municipalities) and the U.N.S.M. (Union of Nova Scotia Municipalities) to encourage standardization of items and reduce overall cost to the Municipality. 5.Authority of the Chief Administrative Officer 5.1 The duties of the Chief Administrative Officer are governed by the Municipal Government Act which states in PartII: Paragraph 30 (1): “The chief administrative officer is the head of the administrative branch of the government of the municipality and is responsible to council for the proper administration of the affairs of the municipality in accordance with the by-laws of the municipality and the policies adopted by council.” And Paragraph 31 (2) (d): “subject to the policies adopted by council (i) make or authorize expenditures, and enter into contracts on behalf of the municipality, for anything required for the municipality where the amount of the expenditure is budgeted or within the amount determined by the council by policy, and may delegate this authority to employees of the municipality, (ii) sell personal property belonging to the municipality that, in the opinion of the chief administrative officer, is obsolete, unsuitable for use, surplus to the requirements of, or no longer needed by the municipality, and may delegate this authority to the employees of the municipality, (iii) personally, or by an agent, negotiate and execute leases of real property owned by the municipality, that are for a term not exceeding one year, including renewals,” 5.2 The Chief Administrative Officer has the authority to award or purchase all goods and/or services that are within the budgets approved by Council and as guided by the Procurement Policy as approved by Council. 5.3 The C.A.O. may authorize procedures consistent with this policy and may delegate authority under this policy. 5 6. Purchasing Process The following guidelines will be followed for the purchase of goods and services for the Cape Breton Regional Municipality: General: All purchases of goods and most services (Professional Services excluded) must be covered by a CBRM Purchase Order (Order# structure 4500xxxxxx), issued before the acquisition of the goods or service, or by a Purchase Card (in compliance with the Purchase Card Policy). Anyone procuring goods or services by other means will be personally responsible for payment to the supplier. 6.1Up to $7,500 – the department in accordance with the principles set out in this policy may purchase goods and services having a value up to $7,500, not covered by a Price Agreement or supplied by Central Stores. The department shall obtain a minimum of three quotes on all purchases over $2,000 and maintain a record of these quotes. 6.2More than $7,500 but less than $20,000: 6.2.1 Contained in Budget – For the acquisition of goods and services with a value of at least $7,500 but less than $20,000, at least three (3) quotations will be solicited by the Procurement Section in consultation with the user department. These quotations shall be in written form. Requests for Quotations will be advertised weekly in the Cape Breton Post Classified Section, or other publication or media as deemed necessary, except in cases of insufficient time or when public safety or protection of property is deemed a factor. Quotations will be accepted by FAX or EMAIL, purchase@cbrm.ns.ca. 6.2.2 Not contained in Budget – All details in 6.3.1 apply. Additionally, written approval by the C.A.O will be required prior to the acceptance of any offer received. 6.3More than $20,000: 6.3.1 Contained in the Budget – For the acquisition of goods and services with a value greater than $20,000 (budgeted) the Procurement Section in consultation with the user department will issue a public request for submissions. These requests will be advertised weekly in the Cape Breton Post Classified Section, the NS tenders website and other publications or media as deemed necessary. All submissions must be in writing and subject to any or all requirements contained in this policy. 6.3.2 Not contained in the Budget – All details in 6.4.1 apply. Additionally, written approval by Council or Committee of Council will be required prior to the acceptance of any offer received. 6 7. Methods of Procurement (see also Section 12 for exceptions) The following are the Methods of Procurement to be used under this policy; 7.1 Low Value: Purchases that are random in nature and not included in a Standing Offer or available through Central Stores. They are under the value of $7,500 and may be purchased by the user department using Purchase Order, or Cheque. 7.2 Standing Offers: In order to guarantee a continuous supply of various goods and services, which are required on a day-to-day basis, while at the same time assuring that the competitive bidding system is followed, the Procurement Section shall establish Standing Offers. These arrangements between the Cape Breton Regional Municipality and the supplier, commits the seller to provide goods and services at a specific price for a specific period of time. These agreements reduce the number of individual bids and reduce overall cost due to higher volume gained by combining the requirements of a number of departments. User departments can then draw supplies directly from these agreements. Standing Offers are governed by the purchasing guidelines listed in this policy. 7.3 Tenders: An invitation to tender solicits competitive bids. It is used when detailed specifications are available that permit the evaluation of tenders against clearly stated criteria and specifications. A request for tenders is a formal, competitive, sealed bidding process. It is normally used for the procurement of goods, services, equipment and construction. Normally, bid deposits and performance security are required. The bids and prices are provided without condition or reservation and where an award can be made without negotiation. Submissions are compared to a specification and requirements contained in the tender documents. The award is normally to the lowest total cost bid received from a responsible bidder meeting the requirements of the tender. Where lowest total cost is not the sole determining factors on which the award will be made, the tender documents will contain a description of the method to be used to evaluate the bids as well as the weighted scale of each factor to be assessed. 7.4. Two Phase (Envelope) Proposal: Where detailed specifications are not available, it is impractical to prepare a specification based on price, a two phase bid may be issued, inviting bids as follows:  Phase One: one or more steps in which bidders submit proposals, for evaluation without prices. All Two Phase Proposal calls must include evaluation criteria that will be used to score the respondents proposals.  Phase Two: Only those bidders whose bids were determined to be acceptable will be entitled to have priced bids considered.  Award: Award shall be made based on combined scoring of phase one and phase two bids at the ratios set out in the Proposal call. 7 7.5 Request for Proposal: 7.5.1 A Request for Proposal is a formal invitation to suppliers to describe how their services, methods, equipment or products can address and/or meet specific needs of the municipality. It is used when a supplier is invited to propose a solution to a problem, requirement or objective. Unlike tenders, Request for proposals are compared to each other or to stated criteria to assess the best proposal. All RFPs must include an evaluation criteria that will be used to score the respondents proposals. 7.5.2 Negotiations may be conducted with bidders after the date for receipt of proposals provided such discussions, negotiations are conducted to:  Award equitable treatment to each acceptable offeror with respect to an opportunity for discussion and the revision of the proposal.  Prevent the disclosure of the content of the discussion or negotiation with one offeror to another offeror. 7.5.3 Proposals submitted in response to a Request for Proposal need not be opened in public, but may be opened in the presence of at least one witness. A list of submissions (excluding pricing) will be available to the public and the proponents of the request. Pricing information of the awarded proponent will only be released to the public following award of the proposal. 7.5.4 An award of a contract based upon a Request for Proposal will be made to the supplier, whose proposal is determined to be the most advantageous and/or the best value to the municipality based upon the criteria for evaluation set out in the Request for Proposal and equitably applied to all proposals. 7.6 Request for Quotation: an informal request for prices for goods and services, normally used where bid deposit and performance bonds are not required and where the cost of the work does not warrant the time and level of effort required for a formal tender process. All quotations must be in writing when the value exceeds $7,500. For lesser amounts verbal quotations may be obtained. Where verbal quotations are received the individual obtaining the quotation is responsible for recording and retaining a record of quote including the supplier name, name of the person providing the quote and the price. 7.7 Negotiation: conducted with one or more suppliers for the supply of goods and/or services would take place when any of the following conditions exist:  Due to market conditions, goods and/or services are in short supply  There is only one source of the goods or service 8  Efforts at breaking identical bids have previously been unsuccessful and the same goods or services are required again  None of the bids received are acceptable or exceed the amounts budgeted for the purchase and there is not sufficient time to re-draft specifications and/or call for proposals  The extension, or reinstatement of, and existing contracts would be more cost effective or beneficial to the municipality. The extension or reinstatement of existing contracts are subject to the approvals listed in section 8.0, Award of Contracts  When authorized by council 7.8 Sole Source Purchases: Sole source purchases occur when there is only one available supplier of a required product or service that meets the needs of the municipality. Negotiation is the method of purchase used to complete the terms and conditions for this purchase. A single source purchase occurs:  Where the compatibility of a purchase with existing equipment, facilities or service is a paramount consideration and the purchase must be made from a single source;  Where an item is purchased for testing or trial use;  Where the municipality purchases supplies for resale;  Where the municipality has a rental contract with a purchase option, and such purchase option could be beneficial to the municipality;  Notwithstanding anything in this policy, where a purchase is determined by council to be fair and reasonable and is made from a nonprofit corporation supported by the municipality, it may make such a purchase as a single source purchase;  Where items are offered for sale by tender, auction or negotiation such purchase will be deemed to be a single source purchase and the C.A.O. may authorize the submission of a bid or conduct of negotiations where the C.A.O. determines the purchase to be clearly in the best interest of the municipality;  For matters involving security, municipal emergencies (EMO), police matters, or confidential issues, a purchase may be made in a manner that protects the confidentiality of the contractor or the municipality. Such purchases may be 9 made as a single source purchase. Purchases of this nature must be approved by the C.A.O. Contracts over the value of $10,000 must be reported to council.  Where the purchase falls under one of the Alternative Procurement Practices outlined under the Nova Scotia Procurement Protocols document. 7.9 Emergency Purchases: 7.9.1 An emergency purchase occurs when a situation creates immediate and serious need, which may not be reasonably met by any other procedure and includes without limitation:  A condition where lack of supplies or services may adversely affect the functioning of civic government, threaten public or private property or the environment, or jeopardize the health and safety of the public;  Interim contractual arrangements following the expiration; or breach of contact; or receipt of unacceptable or uncompetitive bids 7.9.2 Emergency purchases are completed using the most expedient method, but will take economy into consideration. 7.9.3 Limits for emergency purchases by personnel shall be as indicated in Section 6. However, in each case the authorizing person is required to report the emergency purchase, in writing, to the next level of authority. 8. Award of Contracts 8.1 All publicly advertised tenders and request for proposals shall be presented to the department Director or his/her designate for review, recommendation (Recommend to Council/Committee/CAO where appropriate based on the policy and where not applicable, to Purchasing as administrators of the policy.) and approval in accordance with the conditions of this policy, except as noted below. A report shall be prepared and submitted to the Procurement Section prior to the award notification being issued. Award shall be subject to conditions contained in Section 6.1 as it related to Budget approval. 8.2 Cape Breton Regional Council would award contracts:  When the procurement will result in an over expenditure of the entire budget 10  Where the award is subject of dispute best dealt with by Council  The Council has requested a report prior to award  For the contracting of Audit Services  For leases of real property owned by the Regional Municipality that are, either directly or by right of renewal, for a term exceeding one year  For Non-Profit organizations as a sole source purchase  When recommended by the C.A.O. 9. Supplier Performance and By-Law Compliance 9.1 Suppliers may be subject to disqualification if there is sufficient evidence of consistent failure to meet the standards required by the Cape Breton Regional Municipality and those set out under the Nova Scotia Occupational Health & Safety Act, or where the supplier has been found to be in violation of any CBRM By-Laws or the Dangerous and Unsightly Premises provisions of the Municipal Government Act. All Bidders will be required to fill out CBRM’s Occupational Health & Safety Questionnaire and the Successful Bidder will be required to submit a copy of their Occupational Health & Safety Policy prior to Tender/Proposal award. All Bidders for contract to be in effect for a specified period of time to provide a primary service which the CBRM could provide directly (e.g. garbage collection) or an ancillary service that supports a primary service provided by the CBRM (e.g. motor vehicle towing service to support public street/road snow removal) shall provide confirmation of compliance with the current provisions of the CBRM Land Use By-law in effect for the site of any of their business operations within CBRM. For the purposes of interpreting this Policy, any such sites on lands owned by either the Province of Nova Scotia, or the Federal Government shall not be considered in compliance solely by virtue of the fact they are located on Provincial or Federal Government land. Bidders awarded a contract with CBRM are not permitted to re- locate to a new site within the CBRM unless the new site is appropriately zoned in compliance with the CBRM Land Use By-law in effect. The Procurement Section will maintain supplier performance files. The user departments, stores clerks or procurement staff shall supply information in this file. Suppliers may be evaluated based on competitive price, quality of product, contract adherence and performance, after sales service and replies to invited tenders. Suppliers must be notified in writing of any deficiencies as indicated above and a copy of the notification placed in their file. Upon reasonable notice in writing to the supplier involved, and after a 30 day period in which to respond in writing, a supplier 11 may be disqualified for a period not exceeding three (3) years from participation in a solicitation for goods and services. 9.2 Suppliers may be disqualified when:  Conviction for a criminal offence of a person or a director or official or such person relating to or attempting to obtain a contract or sub-contract; Indication of lack of business integrity or honesty which directly and seriously effects the responsibility of the contractor;  Breach of contract indicating an unwillingness to perform a contract in accordance with the terms and conditions or specifications or unsatisfactory performance of one or more contracts or portions thereof, in accordance with the terms and conditions thereof or in accordance with its specifications or both;  The offer of any gratuity to an official or employee of the municipality by a supplier or contractor for consideration  Convicted of a violation of: a) any By-Laws of the CBRM; and/or b) the Dangerous and/or Unsightly Premises provision of the Municipal Government Act, 1999, as amended to date. 9.3 A written decision shall be issued to the person or business disqualified or suspended, setting out the reasons for disqualification or suspension, to the usual business address of that person or business as in the records of the Procurement Section. 9.4 Disqualification or suspension will be approved by the C.A.O. 10. Disposal of Surplus Equipment 10.1 The Procurement Section shall accumulate surplus assets from the user departments. Items that are likely to be of use to other departments of the municipality may be transferred, after notice is given to all departments of the availability of these items. A cost factor, based on wholesale value of the item transferred may be assigned by the department disposing of the equipment. 10.2 Surplus assets shall be disposed of by trade in (vehicles & equipment), request for quotation, by public tender or by public auction. Sale shall be to the highest bidder, meeting all qualifications of the quotation, tender or auction. 10.3 T he C.A.O. may award the disposal of surplus material without competition to any non-profit corporation, association, or entity, or any Municipality, Crown Corporation, School Board or level of government. Disposal shall be at market or appraised value. 12 11. Tender and Contract Documents, Bid and Performance Securities and Specifications 11.1 The C.A.O. may from time to time approve such standard forms including bids and performance securities if any, for purchases by Invitation to Tender, Request for Proposals, Request for Quotations, single sources or emergency purchases as well as forms of contract for types of purchases including but not limited to construction, supplies and installation or service as they may deem advisable. 11.2 Bid bonds, Performance bonds and other securities including Labour and materials bonds shall be required for such purchases in such form and in such amounts, as the C.A.O. deems advisable. (SEE: CBRM Contract Security Policy approved May 1996) 12. Special Services 12.1 Legal Services (External)  General External Legal Services - A Request for Proposals for external legal services will be advertised, at a minimum, every three (3) years. The selection of a lawyer from the respondent firm(s), in each individual case shall be made by the Regional Solicitor based upon the particular expertise required for that case. Work will be assigned and monitored by the Regional Solicitor, based upon work requirements, qualifications, experience, services offered, past performance, proposed fees and other relevant considerations as deemed necessary in the particular case.  Specialized Legal Services maybe assigned by the Regional Solicitor in consultation with the CAO, to provincially or nationally recognized law firms specializing in a particular field.  Legal services as per collective agreements – Where a collective agreement provides for legal services for employees, these services shall be obtained in accordance with the terms of the collective agreement. 12.2 Insurance Services – All insurance requirements will be acquired by public advertisement. Insurance services shall be contracted for a one-year term renewable on an annual basis up to a five (5) year maximum on term satisfactory to the Cape Breton Regional Municipality. 13 12.3 Architectural, Engineering, Surveying and Real Estate Services: Value less than $50,000: Consultants will be acquired by staff from a roster of consultants selected through a publicly advertised Request for Proposal. Consultants will be selected, by project, based upon qualifications, experience, service offered, past performance, proposed fees, and other relevant considerations. A request for Proposal for these services will be publicly advertised, at a minimum, every three (3) years. When the scope of a project is sufficiently detailed, the contracting department will establish criteria in order to select or short list prospective consultants from the list. The contracting department will then apply the criteria to identify one or more consultants from the list. Where more than one firm meets the criteria for the identified project, one of the following shall be used to complete the evaluation process:  Request for additional information (RFI)  Request for Price Quote (RFQ)  Request for Proposal (RFP) When the project estimated value is less than $10,000 or when only one consulting firm conforms to the selection criteria, the department may award the work on a sole source basis with the written approval of the appropriate Director. Value greater than $50,000: Required services over the value of $50,000 will be publicly advertised as a Standard Tender (Section7.3), a Two Phase or Two Envelope Tender (Section 7.4), or an RFP. (Section 7.5). 12.4 Banking Services – General Banking services will be acquired at the discretion of management in consultation with the audit committee. 12.5 Auditing Services – Services of External Auditors will be acquired by public advertisement at intervals not greater than every five (5) years. These services shall be contracted for a one-year term renewable on an annual basis up to a five (5) year maximum on term satisfactory to the Cape Breton Regional Municipality. Selection of an auditor shall be completed by the Audit Committee of Council who will recommend the selection of an Auditor to Council. Annual renewal of the contract for audit services will be made by the Audit Committee. 13. Tie Bids In the case of a tie bid, the Manager of Financial Services is to request the tie bidders submit a final offer. If this is not successful and a tie bid still occurs, the successful bidder will be selected in a draw. 14 14. Purchases from/by CBRM Employees 14.1 The Cape Breton Regional Municipality shall not purchase any goods or services from any employee, any employee operating as a sole proprietorship, or any employee who is in a partnership. Purchases may be made from limited companies in which employee hold shares. 14.2 Employees or immediate family members (husband, wife, son, daughter) of employees of the Cape Breton Regional Municipality are not permitted to purchase personal use items through the purchasing system except where employee purchase plans are being offered, nor are they permitted to purchase surplus items which may be for sale under the terms of this policy. 15. Suppliers/Contractors indebted to CBRM Any supplier/contractor having a customer account with the Cape Breton Regional Municipality, which is in arrears, will have such arrears deducted from any payments due the supplier/contractor. Such deduction may be waived by the Manager of Financial Services, where the supplier/contractor has entered into a payment arrangement suitable to the Financial Services Department. Approved by CBRM Council – September 23, 1997; amended March 10, 2005; November 21, 2006; April 15, 2008; February 16, 2010; October 19, 2010; November 28, 2017; July 14, 2020. 15 SCHEDULE “A” MUNICIPAL BY-LAW COMPLIANCE CERTIFICATE This document forms part of and is incorporated in to the Tender. Bidders convicted of violations of any By-Laws of the Cape Breton Regional Municipality, or found in contravention of the Dangerous and Unsightly Provision of the Municipal Government Act, S.N.S. 1998, c. 18 shall be precluded from bidding on the tender. Successful bidders who subsequently are found guilty of violation of any By-Laws of the Cape Breton Regional Municipality or are found to have contravened the Dangerous and Unsightly Provision of the Municipal Government Act S.N.S. 1998, c. 18 shall have the tenders revoked and shall be precluded from bidding on subsequent tenders for a period of thirty- six months. __________________ (hereinafter referred to as “The Bidder”) does hereby certify that the Bidder has not been found guilty of violation of any By-Laws of the Cape Breton Regional Municipality, and has not been found to have contravened the Dangerous and Unsightly Provision of the Municipal Government Act S.N.S. 1998, c. 18 and furthermore hereby agrees to comply with all By-Laws of the Cape Breton Regional Municipality and the Dangerous and Unsightly provision of the Municipal Government Act, S.N.S. 1998, c. 18. The Bidder understands ands agrees that any finding of guilt or contravention of the aforementioned by-laws and provisions will result in the Tender being revoked and the Bidder being precluded from bidding on any subsequent Tender for a period of thirty-six months. ________________________ ________________________ Witness Bidder 16 SCHEDULE “B” TRADE AGREEMENTS ACKNOWLEDGEMENT All Public Sector Entities in Nova Scotia have trade agreement obligations under the Public Procurement Act. Trade agreements play a vital role in our economy. They create market access for our goods and services by reducing barriers to, among others things, labour mobility, investments, energy, agriculture, and government procurement. Agreements can be comprehensive, covering a number of different issues, or more concentrated, covering individual issues. Each agreement has unique language, exemptions, rules, and requirements. Municipalities, Academic Institutions, School Boards, Health Authorities (MASH) and Crown Corporations that have their own procurement groups and policies must ensure they are consistent with the principles of the Province of Nova Scotia Procurement Policy, and the obligations of the Public Procurement Act. Trade Agreements that impact government procurement in Nova Scotia include the Canadian Free Trade Agreement . The CFTA includes all provinces, Northwest Territories, Yukon, and the Federal Government as well as their respective MASH sectors and Crown Corporations. TABLE A – Domestic Agreements Agreement Coverage MASH Canadian Free Trade Agreement Equal access to Canadian Goods: $100K+ suppliers. Includes all CDN Services:$100K + Provinces, NWT, Construction: YUK, their respective MASH $250K+ and Crowns, and the Federal Government __________________ (hereinafter referred to as “The Bidder”) does hereby acknowledges the understanding that this tender falls under the Domestic Trade Agreements, Atlantic Procurement Agreement (APA) and Agreement on Internal Trade. As part of these agreements and under the Nova Scotia Public Procurement Act, CBRM is included as part of the MASH Sector. This document forms part of and is incorporated in to the Tender. ________________________ ________________________ Witness Bidder 17 APPENDIX “A” CONSULTANT, CONTRACTOR, SUPPLIER HEALTH & SAFETY QUESTIONNAIRE Consultants, Contractors or Suppliers wishing to submit proposals to the Cape Breton Regional Municipality must complete this questionnaire and submit it to CBRM Finance Department with their bid information. GENERAL INFORMATION: Company Name: _______________________________________________________ Company Address: ______________________________________________________ Telephone Number: ______________________________________________________ INSURANCE/WORKERS’ COMPENSATION COVERAGE : Is your company covered by general liability insurance, automotive insurance umbrella policies, etc., that would cover the cost of damages to, and incidents involving third parties? * Yes * No Is your company in good standing with the Workers’ Compensation Board for the Province of Nova Scotia? * Yes * No If no, please explain _____________________________________________________________ SAFETY PERFORMANCE: Does your company have any non compliance or outstanding issues with the Nova Scotia Labour and Workforce Development, such as stop work orders, pending charges/prosecutions, or recent (within the last year) convictions or fines? * Yes * No If yes, please attach a note explaining the details, including current status or resolution. SAFETY PROGRAM: Does your company have a written health and safety policy signed by management? * Yes * No Does your company have written safety policies, procedures and safe work practices applicable to the scope of work to be performed, including clearly defined safety responsibility for managers, supervisors and workers? * Yes * No How do you communicate your safety policies and procedures? 18 ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ How often do managers/ executive officers visit the worksite? ___________________________ Please explain how you conduct on site inspections, including how often they are conducted, what they cover and who conducts them? ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Does your company have a risk assessment procedure? * Yes * No Does your company have a procedure in place for investigating incidents, accidents and near misses? * Yes * No Please attach a list and contact information of all supervisors you will be using on site, as well as any safety coordinator or persons responsible for job site safety. Do you provide on the job training to all employees? * Yes * No Please indicate how you inform your workers, other workers or persons at or near the workplace of any workplace hazards to which they may be exposed. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Do you have a disciplinary policy in place for anyone committing health and safety violations? * Yes * No Please Describe: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Do you have a Joint Occupational Health and Safety Committee or Representative? * Yes * No 19 Do you have a preventative maintenance program for tools and machinery? * Yes * No Do you have a health and safety policy in place for incorporating sub contractors into the workplace? * Yes * No Please provide any other information relating to other programs or activities that you believe demonstrate your company conducts their projects safely and in accordance with all health and safety requirements. NOTE : PLEASE BE ADVISED THAT DURING THE TENDERING PROCESS OR AT ANYTIME DURING THE CONTRACTED WORK, CBRM MAY REQUEST COPIES OF POLICIES, PROCEDURES, RECORDS OR DOCUMENTATION OF PROOF FOR ANY QUESTIONS ANSWERED ON THIS QUESTIONNAIRE. DO YOU AGREE TO PROVIDE THIS INFORMATION * Yes * No IF REQUESTED? ______________________ ________________________ Signature Date _______________________ Position/ Title 20