TCDSB Policy Register      

PURCHASING  F.P.01 

Policy:

The Board shall purchase goods and services through a process consistent with the Mission and Vision statements of the Board and with the following objectives:

(i)                  to provide a high level of service to all areas of the Board;

(ii)                to provide fair, competitive and transparent business practices for vendors and ensure equal treatment without preference;

(iii)               to endeavour to obtain all goods and services at the lowest total end-user cost considering price, quality, function and delivery in an efficient, effective manner while maintaining the controls necessary for the expenditure of public funds;

(iv)              to encourage the acquisition of environmentally friendly products and the reduction of the impact of the Board’s activities upon the environment.

The Board delegates to the Director of Education, the authority to approve the award of all contracts where the budget, project or report has been approved by the Board with the exception of:

·                    new school construction and major school additions;

·                    contracts which have exceeded the approved budget;

·                    contracts in excess of $500,000.00 and;

·                    Partnership Development opportunities. 
 

Regulations: 

1.                  This policy, regulations and procedures applies to any employee or elected official who is involved in the acquisition of goods and /or services on behalf of the Board. 

2.                  All supervisory personnel are responsible for ensuring their immediate staff are properly informed of and comply with this policy, its regulations and procedures. 

3.                  All purchasing activities will be carried out in accordance with all applicable Board policies and procedures and any other statutory acts or regulations. 

4.                  Personal purchases on behalf of an employee, elected official or family member, the requirement for which is not for the Board or any of its purposes, are not permitted. 

5.                  Purchases made without an authorized purchase order/purchase card will be considered an obligation of the person making the purchase and not an obligation of the Board. 

6.                  Employees and elected officials shall not use their authority, influence or office for personal gain or to advance the interest of any particular party and shall seek to uphold and enhance the integrity of all Board business operations. 

7.                  In accordance with the Education Act, no teacher, supervisory officer or other employee of the Board may promote or sell goods or services for compensation to any to any board, provincial school or teachers’ college, or pupil enrolled therein except as permitted by the Act. 

8.                  All goods and services are to be acquired through a publicly advertised competitive bidding process whenever possible in order to obtain maximum value from the expenditure of public funds.  

9.                  Any arrangements which might prevent fair competition shall be avoided, in order to ensure open competition among qualified bidders.  

10.              Lobbying during a competitive procurement call is prohibited. An official point of contact shall be named and communication with any one other than the official point of contact from the time of issuance, up to and including the time of award, is prohibited. 

11.              Any vendor/proponent who violates the lobbying prohibition will be subject to disqualification from the current or future procurements at the Board’s discretion.    

12.              Awards will be given to the lowest bidder except where the best interests of the Board are served by accepting other than the lowest price. 

13.              Where an emergency situation exits, the approval requirements of the Purchasing Policy shall not apply, and administration shall take immediate necessary remedial action. 

14.              Where feasible, the Board may participate in cooperative purchasing with other school boards and public agencies. 

15.              Contracts for all goods and services will be limited to a maximum term of five years and renewals will be subject to a public competitive bidding process whenever possible. 

16.              Contract or purchases shall not be divided to avoid the requirements of this policy, its regulations or procedures and the annual or total project cost shall be considered. 

17.              Contracts for the acquisition of products and services on behalf of the Board, regardless of the amount or term, must be reviewed centrally prior to execution. 

18.              For purposes of Partnership Development, the Board retains the right to source and accept unique proposals that are deemed to be in the Board’s interests. 

19.              Use of a sole source for an expenditure greater than $2,000.00 will require completion of a Sole Source Declaration Form.    

20.              The Director of Education or delegate shall be responsible for the processing and acquisition of:

(i)                  employee fringe benefits contracts,

(ii)                professional services,

(iii)               land acquisition and disposal, and

(iv)              insurance.  

21.              The Deputy Director of Planning and Facilities or delegate, shall be responsible for the processing, acquisition supervision, and installation of approved projects as follows:  

(i)                  capital construction projects (new schools and additions),

(ii)                trade work performed by Board personnel,

(iii)               minor building renovations and repairs,

(iv)              plant emergency repairs and replacements.  

22.              The Materials Management Department shall be responsible for the processing of all other tenders, contracts and purchases.  

23.              The Senior Manager of Materials Management Department shall be responsible for operating a centralized purchasing system for the purchase and supply of all other materials, equipment and services required by the Board. 

24.              The Materials Management Department shall be consulted on all major purchases and have general oversight of the procurement process and procedures.  In addition to any conflict of interest policy applicable to employees, the Code of Purchasing Ethics established by the Purchasing Management Association of Canada shall apply to all staff involved in the procurement process.  

25.              To ensure the timely delivery and to avoid unnecessary delays in the occupancy of an educational facility, change orders which develop as a result of unforeseen conditions or jurisdictional requirements will be approved as follows:

·                    A contingency allowance of 5% of the tendered contract amount shall be approved as the budget for mandatory change orders at the time of award of contract.

·                    A mandatory change order within the contingency allowance will be approved by the Director of Education

·                    Optional change orders shall be approved by a standing committee of the Board prior to commencement of work to be done.

·                    A change order in excess of the contingency allowance shall be approved by a standing committee of the Board prior to commencement of work to be done.

·                    Construction projects, in addition to new construction, will include additions, major renovations and major site development.
 

26.              The Purchasing/Materials Evaluation and Approval Committee will review tenders, proposals and quotations before issue. 

27.              A Purchasing Procedures Manual shall provide direction to those individuals who have been delegated to purchase or approve the purchase of goods or services on behalf of the Board.