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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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?
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________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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
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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
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