253464_Procurement_GuideAug8_for_web_English.doc

P ro c u re m e n t p ro c e s s e s 6 f o rm u la te

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p ro c u re m e n t p ro c e s s e s 6 . F o rm u la te p o lic ie s o n m a in ta in in g in te g rity a n d p ro te c tin g s ta k e h o ld e rs ’ in te re s ts in p ro c u re m e n t p ro c e s s 7 . F o rm u la te p o lic ie s a b o u t re vie w in g a n d e v a lu a tin g th e e ffe c tiv e n e s s o f th e p ro c u re m e n t p ro c e s s e s S T A G E S S U G G E S T E D A C T IO N S A P ro c e s s to D e v e lo p in g Y o u r P ro c u re m e n t B yla w
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1. Introduction P urpose of guide 1 Who developed the guide? 2 What does the legislation about procurement require? 2 Is your local board covered by this legislation? 3 Who is the intended audience for the guide? 4 Why is it important to have policies about procurement? 5 Use and organization of the guide 5 The operating context for municipal/local board procurement 6 2. Getting Started 7 What do you currently have in place about procurement? 7 Determining the gaps 8 How is your new procurement bylaw likely to be different from what you currently have in place? 8 Council’s/local board’s role in approving procurement policies 9 Stakeholder consultation 9 3. Goals 12 Imposing social or economic goals 12 Suggested goals 13 Performance measures for the procurement process 14 Additional context for goals 14
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4. Types of procurement processes and when to use them 17 Table 1. Goals of procurement processes 19 Table 2. Descriptive features of procurement processes 20 Table 3. Circumstances for use of procurement processes 22 Table 3a. Non-competitive procurement: circumstances where a tendering process is not used 23 The “two-envelope” procurement process 24 Vendors of records 24 In-house bids 26 5. Maintaining integrity and protecting interests in procurement 28 What do you currently have in place? 28 A risk management approach 29 How to use the risk management charts 29 Policy or procedure? 30 Good policies will only take you so far 30 Risks to general procurement goals 31 Risks to effectiveness 35 Risks to objectivity 39 Risks to fairness 41 Risks to openness and transparency 44 Risks to accountability 46 Risks to efficiency 49
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6. Formulating policies about reviewing and evaluating the effectiveness of the procurement processes 50 Are the right policies in place to realize your goals? 52 Are the right procedures in place to support your goals? 52 Are your practices in compliance with your procedures? 53 7. What are your views on the guide? 54 Survey 55 Appendices 57 Appendix 1: Glossary 57 Appendix 2: Helpful resources 60 Appendix 3: Performance measures for the procurement process 64 Appendix 4: Interprovincial trade agreements on procurement and their application to municipalities in Ontario 66 Appendix 5: The “two-envelope” procurement process 73 Appendix 6: Procurement guide working group members 74
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1. INTRODUCTION Purpose of guide In December 2001, a new Municipal Act ( Municipal Act, 2001 , S.O. 2001, Chapter 25, hereinafter referred to as the “Act”) was passed by the Ontario Legislature. The Act gives municipalities a broad new flexibility to deal with
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