Procurement Policy

On this Page: 

1. Purpose
2. Application and Scope
3. Definitions
4. Principles
5. Ontario Broader Public Sector (BPS) Supply Chain 
6. Segregation of Duties
7. General Procurement
8. Approval Authority Schedule
9. Procurement Thresholds and Procurement Methods
10. Employee Conflict of Interest in a Procurement Process
11. Supplier Conduct and Supplier Conflicts of Interest
12. Procurement Planning
13. Supply Arrangements
14. Invitational Competition
15. Open Competition
16. Establishing and Executing Contracts
17. Non-Competitive Procurement
18. Supplier Performance and Suspension
19. Procurement Record Keeping
20. Accountability, Compliance and Reporting
21. Policy Revision Date
22. Attachments
    1. Appendix A - Supplier Code of Conduct
23. Specific Links

1. Purpose

The purpose of this policy is to detail the principles, procedures, roles and responsibilities for the procurement of goods and services, including construction, consulting services, information technology, research expenditures, no cost purchases and revenue generating Contracts. Furthermore, the policy is to:

• ensure compliance with applicable legislative and regulatory procurement requirements, including:
  • the Broader Public Sector Procurement Directive Act, 2010, including the Interim Measures and the Building Ontario Businesses Initiative Act;
  • Applicable trade agreements, such as the Canadian-European Union Comprehensive Economic and Trade Agreement (CETA) and the Canadian Free Trade Agreement (CFTA);
• establish an accountability framework to effectively guide college staff and faculty with assignment of clear responsibilities throughout each stage of the procurement process;
• ensure that all employees, including any external consultants or other service providers participating, involved in the purchase of Deliverables are aware of the applicable governing legislation, regulation and code of conduct(s) and adhere to the highest standards of professional ethics; and
• ensure that publicly funded Deliverables are acquired through a process that is open, fair, and transparent.

2. Application and Scope

This policy applies to the procurement of all Deliverables, no cost purchases and revenue generating Contracts by the college, with the sole exceptions of approved exemption, exception, or non-application clauses of applicable trade agreements as set out in section 17 Non-Competitive Procurement.

A no cost Procurement and revenue generating Contracts must be acquired and approved in the same manner and using the same Procurement method as a Procurement that has a cost to the college.

Any funding agreement entered into by the college is deemed to include the requirements of this policy for the Procurement of Deliverables required within the funding agreement. Where a funding agreement addresses the subject matter of this policy, at a minimum this policy should be followed. If the funding agreements have more stringent requirements than this policy, they are also to be followed in order to not jeopardize the funding.

The college may participate in collaborative procurement initiatives and cooperative group purchasing organizations, where such initiatives are determined to be in the best interests of the college. If the college participates in such joint purchasing initiatives, the college may adhere to the policies of the entity conducting the purchasing process, provided that such policies comply in spirit with this policy and the Broader Public Sector Procurement Directives and trade agreements. When engaging in cooperative purchasing, the procurement shall be approved by the Director, Strategic Procurement. If the college is leading a cooperative or joint purchasing initiative, this policy will be followed.

3. Definitions

“Advance Contract Award Notice (ACAN)” means a public notice indicating to the supplier community that a department or agency intends to award a good, service or construction contract to a pre-identified Supplier, believed to be the only one capable of performing the work, thereby allowing other Suppliers to signal their interest in bidding by submitting a statement of capabilities.

“Authorized Signing Officer” means a representative of the college, appointed by the Board of Governors, with the power to commit the college to binding agreements and sign Contracts on behalf of the college. An Authorized Signing Officer may also be referred to as ‘legal signing authority’, ‘binding signing authority’ and ‘designated signing authority’. The Authorized Signing Officer is different from the Purchasing Approval Authority Level.

“Bid” means a submission in response to a Solicitation Document, and includes proposals, quotations, or responses.

“Bidder” means a Supplier that submits a Bid and includes proponents and respondents.

“Competitive Process” means the solicitation of Bids from multiple Bidders through an Invitational Competition or Open Competition.

“Consulting Services” means the provision of expertise or strategic advice that is presented for consideration and decision making.

“Contract” means a legally enforceable commitment by the college for the Procurement of Deliverables from a Supplier, which may be evidenced by an agreement executed by the Supplier and the college, or a Purchase Order issued by the college to the Supplier.

“Delegated Purchasing Authority” means the person identified in section 8.1, as applicable.

“Deliverables” means any goods, services, or construction, or combination thereof, including Consulting Services.

“Department” means the branch, department, division, or unit of the college that is requisitioning the purchase of the Deliverables.

“Invitational Competition” means a Competitive Process in which an invitation to submit Bids is issued to at least three Suppliers.

“No cost purchases” means the college will not bear any cost of the procurement as the costs are passed through to a third party.

“Open Competition” means the solicitation of Bids for the procurement of Deliverables, through a publicly posted Solicitation Document.

“Open Framework Competition” means the Competitive Process used to establish a Qualified Supplier Roster and provide for an ongoing application process during the term of the Qualified Supplier Roster.

“Ontario Business” means a business that meets the following requirements:

1. The business is a supplier, manufacturer, or distributor of any business structure that conducts its activities on a permanent basis in Ontario.
2. The business either,
   1. Has its headquarters or main office in Ontario; or
   2. Has at least 250 full-time employees in Ontario at the time of the applicable procurement process.

“Procurement” means the acquisition of Deliverables by purchase, rental, or lease. 

“Procurement Value” means the maximum total value of the Deliverables being procured, and it must include all costs to the college, including, as applicable, acquisition, maintenance, replacement, and disposal; training, delivery, and installation; and extension options, less applicable rebates or discounts and exclusive of sales taxes.

“Purchase Order” means the college’s written document issued by a duly authorized employee of the college to a Supplier formalizing all the terms and conditions of the purchase and supply of the Deliverables identified on the face of the Purchase Order.

“Purchase Order Requisition” is a precise document generated by a college department to notify Procurement Services of items the originating department needs to procure, including the quantity, the desired delivery date(s), and any support documents used in the Procurement method that was required for procurement of the Deliverables.

“Purchasing Card” means a credit card provided by the college to authorized employees for use as a payment method to purchase directly from Suppliers where permitted under the Purchasing Card Policy (CS-1002-2009) and in accordance with any cardholder agreement and applicable procedures.

“Qualified Supplier Roster” means a list of Suppliers that have participated in and successfully met the requirements of the College through a Request for Supplier Qualifications ("RFSQ") and have therefore been prequalified to perform discrete work assignments involving the delivery of a particular type of deliverable.  

“Request for Information” or “RFI” means a market research initiative for the collection of data for the purposes of future Procurement planning.

“Revenue Generating Contracts” means commercial Contracts for revenue generating services at the college.

“Second Stage” means a secondary procurement process to obtain competitive quotes for specific goods and services requirements from the list of pre-qualified Suppliers in accordance with the Second Stage Procurement thresholds as set out in section 13.4.

“Solicitation Document” means the document issued by the college to solicit Bids from Bidders (i.e., Request for Proposal).

“Standing Offer” means a written offer from a pre-approved Supplier to supply Deliverables to the college, upon request, through the use of an ordering process during a particular period of time, at a predetermined price or discount, generally within a predefined dollar limit. The Standing Offer does not create a contractual commitment from either party for a defined volume of business. The commitment to purchase against a Standing Offer is formed at the time a specific order is placed through the issuance of a Purchase Order to the Supplier.

“Supplier” means a person carrying on the business of providing Deliverables.

“Vendor of Record” means a list of Suppliers that have participated in and successfully met the requirements of an approved cooperative procurement or group purchasing organizations prequalification process and have therefore been prequalified to provide Deliverables by direct award or by conducting a Second Stage Process as determined by Procurement Services.

4. Principles

• Accountability – The college is accountable for the results of Procurement decisions and the appropriateness of the processes.
• Transparency – The college is transparent to all its stakeholders. Wherever possible, stakeholders shall have equal access to information on procurement opportunities, processes, and results.
• Value for Money – The college will maximize the value received from the use of public funds. The value-for-money approach aims to procure Deliverables at the optimum total lifecycle cost.
• Quality Service Delivery – Front-line services such as teaching, must receive the right product, at the right time, in the right place.
• Process Standardization - Standardized processes remove inefficiencies and create a level playing field.
• Accessible Procurement – The college is committed to considering accessibility in the procurement of Deliverables.  The college will give appropriate consideration in the evaluation process to those Suppliers that reflect a commitment to accessibility. If the college determines that it is not practicable to do so, it shall upon request provide an explanation.
• Equity, Diversity & Inclusion - The college is strongly committed to Supplier diversity and especially welcomes applications from businesses owned, operated and controlled by Black and racialized persons, women, persons with disabilities, and 2SLGBTQIA+ persons. 
• Respecting Indigenous Process – The college is committed to Meaningfully Advancing Truth and Reconciliation and understands The Centre for Indigenous Relations, Knowledge & Learning and Indigenous Student Services is guided through the lens of sovereignty and Indigenous ways of knowing and being. The college will ensure that procurement activities that impact Indigenous learners or community are reviewed from an Indigenous lens and that activities are appropriate and safe.
• Sustainable Procurement – The college will leverage its Procurement activities to consider environment, sustainability and governance to support a sustainable, low-carbon, circular, inclusive and equitable economy.

5. Ontario Broader Public Sector (BPS) Supply Chain Code of Ethics

The goal of the Ontario Broader Public Sector Supply Code of Ethics is to ensure an ethical, professional and accountable supply chain.

• Personal Integrity and Professionalism - Individuals involved with supply chain activities must act, and be seen to act, with integrity and professionalism. Honesty, care and due diligence must be integral to all supply chain activities within and between BPS organizations, suppliers and other stakeholders. Respect must be demonstrated for each other and for the environment. Confidential information must be safeguarded. Participants must not engage in any activity that may create, or appear to create, a conflict of interest, such as accepting gifts or favours, providing preferential treatment, or publicly endorsing suppliers or products.
• Accountability and Transparency - Supply chain activities must be open and accountable. In particular, contracting and purchasing activities must be fair, transparent and conducted with a view to obtaining the best value for public money. All participants must ensure that public sector resources are used in a responsible, efficient and effective manner.
• Compliance and Continuous Improvement - Individuals involved with purchasing or other supply chain activities must comply with this Code of Ethics and the laws of Canada and Ontario. Individuals should continuously work to improve supply chain policies and procedures, to improve their supply chain knowledge and skill levels, and to share leading practices.

6. Segregation of Duties

To maintain effective internal controls, the college shall maintain a segregation of at least three of the five functional procurement roles: requisition, budgeting, commitment, receipt and payment duties across the various procurement functions. No less than three people will be permitted to control an entire purchasing transaction, which in this context, includes the issuance of the procurement documents, the selection of the winning proposal, finalization of the Contract, receipt of the Deliverables and payment.

7. General Procurement Rules

• All Procurements shall have sufficient approved budget to cover the Procurement Value prior to commencing the procurement process.
• Procurement Services is the only department authorized to issue, amend or cancel a Purchase Order to a Supplier.

8. Approval Authority Schedule

Prior to commencement, any procurement of Deliverables must be approved by the appropriate authority in Approval Authority Schedule (“AAS”) as set out below:

8.1 For Goods and Non-Consulting Services

8.2 For Consulting Services

The Vice President, Corporate Services may be delegated approval authority for non-competitive procurement of Consulting Services only in situations where the President is absent and the Vice President, Corporate Services is acting in the capacity of the President.

All levels of approval are required (for example a purchase for $75,000, requires approval of the Staff Member, Manager, Associate Dean/Director/Controller, and Chief Officer/Dean/Registrar.

A Delegated Purchasing Authority shall never approve a Procurement that is above their own delegated authority level.

9. Procurement Thresholds and Procurement Methods

The Following thresholds shall apply to Procurement:

9.1 For Goods and Non-Consulting Services

9.2 For Consulting Services

The college must not reduce the overall value of a procurement (e.g., dividing a single procurement into multiple procurements) in order to circumvent competitive procurement thresholds.

10. Employee Conflict of Interest in a Procurement Process

For the purposes of this policy, “Conflict of Interest” includes:

• when applied to the activities of the college and its consultants and service providers:
  1. a conflict between an employee’s private interests and an employee’s public, fiduciary, or contractual duties in relation to any procurement activity; or
  2. employees engaging in any conduct that may give another party an unfair advantage in a procurement process; or
• in relation to a bidding process, a Bidder has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including, but not limited to:
  1. having, or having access to, confidential information of the college in the preparation of its Bid that is not available to other Bidders;
  2. having been involved in the development of the Solicitation Document, including having provided advice or assistance in the development of the Solicitation Document by a college employee;
  3. receiving advice or assistance in the preparation of its response from any employee that was involved in the development of the Solicitation Document;
  4. employees communicating with any person with a view to influencing preferred treatment in the bidding process (including, but not limited to, the lobbying of decision-makers involved in the bidding process); or
  5. employees engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive bidding process or render that process non-competitive or unfair; or
• in relation to the performance of its contractual obligations, a contractor’s other commitments, relationships, or financial interests:
  1. could, or could be seen to, exercise an improper influence over the objective, unbiased, and impartial exercise of its independent judgement; or
  2. could, or could be seen to, compromise, impair, or be incompatible with the effective performance of its contractual obligations.

The college’s procurement activities shall be conducted with the highest standards of professional ethics and integrity, and all employees and any external consultants or other service providers involved in the college’s procurement activities must act in a manner that is consistent with the principles and objectives of this policy.

10.1 Duty to Declare and Recusal involving Procurements

All employees participating in a Procurement process, and any external consultants or other service providers participating on behalf of the college, must declare any perceived, potential, or actual conflicts of interest involving themselves or their firms to the Director, Strategic Procurement and must immediately recuse themselves from participating in any manner in any Procurement to which the perceived, potential, or actual conflict of interest applies until that matter has been addressed by the Director, Strategic Procurement.

11. Supplier Conduct and Supplier Conflicts of Interests

The college requires its Suppliers to act with integrity and conduct business in an ethical manner.

All Suppliers participating in a procurement process or providing Deliverables to the college must declare any perceived, potential, or actual conflicts of interest and must conduct themselves in accordance with the Supplier Code of Conduct set out in Appendix 1 – Supplier Code of Conduct.

The college may refuse to do business with any Supplier that has engaged in illegal or unethical bidding practices, has an actual or potential conflict of interest or an unfair advantage, or fails to adhere to ethical business practices.

12. Procurement Planning

Effective procurement planning is essential to ensuring an effective result and to limiting risk to the college. Departments must ensure that they leave sufficient time to plan for the appropriate Procurement method including time for developing proper specifications and business requirements, obtaining internal reviews, conducting a Competitive Process, as required, obtaining necessary approvals, and consulting with Procurement Services for guidance on Procurement planning activities.

12.1 Procurement Value

It is important to accurately estimate the value of the Procurement to determine the appropriate Procurement method and ensure compliance with the requirements of this policy. Departments shall consult with Procurement Services for additional guidance as required.

12.2 Information Gathering

Where the Department is uncertain about the Deliverables required or where there is insufficient internal knowledge about the market, the Department shall consult with Procurement Services about conducting a Request for Information (“RFI”) process. An RFI shall be openly posted in order to gather market research from prospective Bidders. It must not be used as a prequalification method and shall be conducted in accordance with section 15 Open Competition.

13. Supply Arrangements

Before initiating a procurement of any value, departments should consider the availability of existing supply arrangements, Standing Offers, cooperative or joint group purchasing organization initiatives before conducting a college Invitational Competition or Open Competition. If the Deliverables will be required on a frequent or regularly recurring basis, and there is no existing supply arrangement, the Department shall consult with Procurement Services about the possibility of establishing a Standing Offer or Qualified Supplier Roster.

13.1 Standing Offers

Standing Offers may be established for standardized Deliverables to be purchased by all Departments, where:

1. the requirements for Deliverables are recurring and predictable over an extended period of time;
2. the requirements are standard and clearly defined at the time of establishment of the Standing Offer; and
3. it is possible to fix pricing for the Deliverables for the duration of the Standing Offer.

Standing Offers shall be issued through an Open Competition managed by Procurement Services, with the cooperation and involvement of subject-matter experts from the relevant Department(s).

13.2 Cooperative Procurement and Group Purchasing Organizations

Procurement Services will treat a group purchasing organization or cooperative Vendor of Record list as an open and competitive prequalification of Suppliers and may conduct a Second-Stage selection process in lieu of a college-led open Competitive Process, where appropriate. When engaging in cooperative purchasing, the Procurement must be approved by the Director, Strategic Procurement.

13.3 Qualified Supplier Rosters

In such cases, and when a cooperative procurement or group purchasing organization Vendor of Record list cannot be utilized, Procurement Services, in co-operation with Departments, can establish a Qualified Supplier Roster and conduct an Open Framework Competition through the issuance of an RFSQ. Qualified Supplier Rosters may be established to prequalify Suppliers that will be eligible to compete for discrete work assignments involving the delivery of a particular type of Deliverables, as and when required.

13.4 Second Stage Procurement and Thresholds

Where a Second Stage selection process is available, either through a college Qualified Supplier Roster or a group purchasing organization’s Vendor of Record list, the college will use the process described in the Solicitation Document. Where the process to conduct a Second Stage Procurement is silent in the Solicitation Document, the college shall conduct a Second Stage Procurement using the Procurement method based on the Procurement Value pursuant to the following thresholds:

Where the group purchasing organization’s Vendor of Record has published ceiling prices, the college may direct award to the most cost-effective Supplier when approved by the Director, Strategic Procurement.

14. Invitational Competition

The Department may directly obtain informal quotes from Ontario Business Suppliers for purchases of Deliverables under the Open Competition threshold, but must do so using the college’s approved low-bid Informal RFQ template the college’s standard Purchase Order Terms and Conditions. The lowest bidder shall be awarded the contract.

In the event that the lowest priced supplier is not selected, or the Department requires another Invitational Competition format using weighted evaluation criteria, the Department shall consult with Procurement Services.

15. Open Competition

Procurement Services shall lead all Open Competitions.

15.1 Posting Open Competitions

Calls for Open Competitions shall be made through an electronic tendering system that is readily accessible to all Suppliers.

15.2 Timelines for Posting

Procurements shall be posted for 15 – 40 calendar days, depending on the Procurement Value, complexity, and risk of the Procurement. The Director, Strategic Procurement will provide departments with guidance on the length of the posting relevant to the specific Procurement of Deliverables.

All communications with potential Bidders after posting of the Solicitation Document must be made in writing through a single contact person designated in the Solicitation Document, who must be a representative of Procurement Services.

15.3 Bid Receipt

Bid submission date and closing time shall be held on a business day and clearly stated in competitive procurement documents. Submissions that are delivered after the closing time shall be returned to the Supplier unopened.

15.4 Evaluation Criteria

The Department, in consultation with Procurement Services, is responsible for developing an evaluation plan. The following rules apply:

1. Evaluation criteria shall be developed prior to commencement of the Open Competition.
2. Solicitation Documents shall clearly outline mandatory, rated, and other criteria that will be used to evaluate submissions, including weight of each criterion.
3. Mandatory criteria (e.g., technical standards) should be kept to a minimum to ensure that no Bid is unnecessarily disqualified.
4. Maximum justifiable weighting must be allocated to the price/cost component of the evaluation criteria.
5. The evaluation criteria are to be altered only by means of addendum to the competitive procurement documents.

15.5 Evaluation Methodology

Competitive procurement documents must fully disclose the evaluation methodology and process to be used in assessing submissions, including the method of resolving a tie score.

Competitive procurement documents must state that submissions that do not meet the mandatory criteria will be disqualified.

15.6 Evaluation Team

Competitive procurement processes shall have an evaluation team, made up of at least three people, responsible for reviewing and rating the compliant Bids.

Evaluation team members must make themselves aware of all restrictions related to utilization and distribution of confidential and commercially sensitive information collected through the competitive Procurement process and refrain from engaging in activities that may create or appear to create a conflict of interest.

Evaluation team members must sign a conflict-of-interest declaration and non- disclosure of confidential information agreement.

15.7 Evaluation Matrix

Each evaluation team member shall complete an evaluation matrix, rating each of the submissions. Records of evaluation scores shall be retained for audit purposes. Evaluators shall ensure that their input into submissions is fair, factual and fully defensible.

15.8 Non-Discrimination

Evaluations must not discriminate or exercise preferential treatment in awarding a contract to Supplier as a result of a competitive procurement process.

15.9 Winning Bid

The submission that receives the highest evaluation score and meets all mandatory requirements set out in the competitive procurement document must be declared the winning bid.

16. Establishing and Executing Contracts

Negotiations with Bidders will only be part of a competitive procurement process if the Deliverables are procured through the issuance of a negotiable procurement format and with the assistance of Procurement Services.

The contract shall be finalized using the form of agreement that was released with the procurement documents. In circumstances where this was not released in the Solicitation Documents, a formal written Contract must be signed before the provision of Deliverables commences. Where an immediate need exists for the Deliverables and the college and the Supplier are unable to finalize the contract, an interim purchase order may be used.

All contracts shall include appropriate cancellation or termination clauses. The term of the agreement and any options to extend the existing agreement must be set out in the Solicitation Documents.

Contracts must be reviewed and approved in accordance with the Contract Management Policy (GC-4002-2020) and Contracts must be signed by an Authorized Signing Officer of the college.

16.1 Contract Award Notification

After the agreement between the Supplier and the college has been executed after an Open Competition, the college must post, in the same manner as the procurement documents were posted, contract award notification. Contract award notifications must list the name of the successful Supplier, agreement start and end dates and any extension options.

16.2 Contract Extensions or Amendments

Contract extensions and amendments must not be used to expand a Contract beyond what was contemplated under the terms of the original Contract and/or Procurement process or to circumvent the need to procure additional Deliverables through a Competitive Process in accordance with this policy.

If a Contract amendment results in a net increase to the Contract value previously approved, the amendment must be approved in accordance with the Approval Authorization Schedule.

16.3 Contract Disputes

All potential Contract disputes with Suppliers shall be managed in accordance with the dispute resolution mechanisms outlined in the Contract. Where a Contract is silent on dispute resolution, the Department should ensure that potential disputes are proactively managed and appropriately escalated to the Director, Strategic Procurement. Written copies of all communications and correspondence with Suppliers concerning a Contract dispute must be maintained by the Department. A Contract for Deliverables can be terminated only prior to its expiry date with the involvement of Procurement Services and Legal Services.

16.4 Supplier Debriefings and Protests

Where the college has conducted an Open Competition, unsuccessful Bidders may request a debriefing after the posting of the notice of award. All Bidder requests should be in writing no later than 60 calendar days following the posting of such notification.

After having attended a debriefing, Bidders may choose to formally protest the outcome of the Procurement. Procurement protests are to be submitted in writing within 10 calendar days and will be managed by Procurement Services.

17. Non-Competitive Procurement

Non-Competitive Procurement methods include:

1. acquiring Deliverables directly from a particular Supplier without conducting a Competitive Process when an Invitational Competition or an Open Competition would normally be required; and
2. soliciting Bids from a limited number of Suppliers without conducting an open prequalification process when an Open Competition would normally be required.

While competitive Procurement is the general rule, the college may utilize Non-Competitive Procurements only in situations outlined in the Broader Public Sector Procurement Directive and applicable trade agreements. To obtain approval for a Non-Competitive Procurement, the Department must complete the Non-Competitive Procurement Authorization Form (the “Authorization Form”) prior to the commencement of a Non-Competitive Procurement. The Authorization Form must include all supporting documents detailing the reason a Competitive Procurement cannot be conducted. Non-Competitive Procurement may be permitted only if one or more of the reasons in the Authorization Form apply to the Procurement. Considerations for work within and for Indigenous communities are covered within the Non-Competitive Procurement Authorization Form.

The completed Authorization Form must be approved and signed by the department’s Senior Leadership Team member, Director, Strategic Procurement, Chief Financial Officer, and the President or Vice President Corporate Services prior to acquiring any goods or services or engaging in any Contract negotiations with a Supplier.

If the Procurement Value is equal to or greater than the applicable Open Competition threshold, Procurement Services shall publish the notice of award on the college’s bidding system within 72 days of the Contract Award. This notice must include at least the following information:

1. A description of the Deliverables procured;
2. The name and address of the procuring entity;
3. The name and address of the successful Supplier;
4. The date of award; and
5. A description of the circumstances justifying the use of Non-Competitive Procurement.

If Deliverables are being acquired from a particular Supplier without conducting a Competitive Process, the Contract for the Deliverables will be negotiated directly with the Supplier. Although no Solicitation Document is issued, it is important that clearly drafted and detailed requirements and specifications be prepared during the Procurement planning stages to ensure that the Deliverables being acquired meet the needs of the organization and are suitable for their intended purpose. The requirements and specifications, along with the appropriate standard form of agreement will serve as a starting point for the negotiations with the Supplier. In some cases, it may be appropriate to provide the requirements and specifications to the Supplier and seek a written proposal or quotation for the Deliverables prior to commencing negotiations. In such cases, the Supplier’s proposal will also provide a starting point for the negotiations.

17.1 Advance Contract Award Notice (ACAN)

In the event an allowable non-competitive procurement situation is identified as stipulated in section 17, it may still be necessary to complete an Advance Contract Award Notice (ACAN). An ACAN is not considered a competitive process for the purposes of the trade agreements. An ACAN must be posted for a minimum of 15 calendar days, but could be longer depending on the magnitude and complexity of the contract.

18. Supplier Performance and Suspension

The performance of a Supplier under Contract shall be monitored and tracked. Suppliers can be suspended from participating in future Procurements only in circumstances approved by the Director, Strategic procurement.

19. Procurement Recordkeeping

Procurement Services is responsible for ensuring that all documentation relating to a Procurement is properly filed and maintained. For reporting and auditing purposes, all procurement documents, as well as any other pertinent information shall be retained in confidence for a period of seven (7) years or such longer period as may be required under the college’s document management policies.

The college shall ensure that Supplier information submitted in confidence in connection with a Procurement or Contract is adequately protected. Procurement Services and the Departments must ensure that all Bids and Contracts are kept in a secure location and are only accessible by those individuals directly involved with the Procurement or management of the Contract.

20. Accountability, Compliance and Reporting

20.1 Accountability Framework

This policy has been approved by the Senior Leadership Team. 

20.2 Compliance

The Chief Financial Officer is authorized to ensure that information within this policy is applied.

In accordance with provincial binding policy, the Board of Governors is responsible for approving the Approval Authority Schedule.

20.3 Compliance Monitoring

Non-compliance with this policy and associated procedures may expose the college to the risk of Supplier complaints, reputational damage, increased costs, bid disputes, and legal action, and may comprise the integrity, fairness, openness, and transparency of the process.

Any violation of the Purchasing policy and procedures may result in the following:

1. Suspension of the purchasing process;
2. Mandatory training of the policy and procedures shall be required by the non-compliant department, which would include at a minimum the employee that initiated the procurement, their manager, and the senior leadership team member;
3. Removal of approval authority for future purchasing activities, or any other disciplinary action as deemed appropriate in the circumstances; and
4. Escalation of the issue to the senior and/or executive management.

20.4 Duty to Report and Rectify

Anyone who is aware of a non-compliance in their Department shall immediately report that non-compliance to their Department Senior Leadership Team member. Each Department Senior Leadership Team member shall immediately report any non-compliance that they are aware of in their department to the Director, Strategic Procurement.

The Department Senior Leadership Team member must address the identified compliance concerns and submit a written confirmation of actions taken to the Director, Strategic Procurement.

20.5 Reporting

The Director, Strategic Procurement shall record all reported non-compliance matters, and escalate as required to members of the Mohawk Executive Group, in consultation with the Department’s Senior Leadership Team member.

21. Policy Revision Date

21.1 Revision Date

March 2029

21.2 Responsibility

The Chief Financial Officer is responsible for reviewing this policy every five years or earlier when required. 

22. Attachments

Appendix A - Supplier Code of Conduct

23. Specific Links

CS-1000-2013 Travel Expenses and Hospitality Policy

CS-1002-2009 Purchasing Card Policy

CS-1004-2013 Approval of Capital, Renovation and Maintenance Projects Policy

CS-1005-2014 Financial Reporting and Safekeeping of Capital Assets Policy

GC-4002-2020 Contract Management Policy

CS-1001-2013 Petty Cash Fund Policy

Informal RFQ Template

Non-Competitive Procurement Authorization Form (in development)

Broader Public Sector Procurement Directive

Building Ontario Business Initiative Act

Canadian Free Trade Agreement

Canada-European Comprehensive Economic & Trade Agreement 

Appendix A - Supplier Code of Conduct

The college requires its Suppliers to act with integrity and conduct business in an ethical manner. The college may refuse to do business with any Supplier that has engaged in illegal or unethical bidding practices, has an actual or potential conflict of interest or an unfair advantage, or fails to adhere to ethical business practices.

Suppliers are responsible for ensuring that any employees, representatives, agents, or subcontractors acting on their behalf conduct themselves in accordance with this Supplier Code of Conduct. The college may require the immediate removal and replacement of any individual or entity acting on behalf of a Supplier that conducts themselves in a manner inconsistent with this Supplier Code of Conduct. The college may refuse to do business with any Supplier that is unwilling or unable to comply with such requirement.

A. ILLEGAL OR UNETHICAL BIDDING PRACTICES

Illegal or unethical bidding practices include:

1. bid-rigging, price-fixing, bribery or collusion, or other behaviours or practices prohibited by federal or provincial statutes;
2. offering gifts or favours to the college’s officers, employees, appointed or elected officials, or any other representative of the college;
3. engaging in any prohibited communications during a Procurement process; 
4. submitting inaccurate or misleading information in a Procurement process; and
5. engaging in any other activity that compromises the college’s ability to run a fair Procurement process.

The college will report any suspected cases of collusion, bid-rigging, or other offences under the Competition Act to the Competition Bureau or to other relevant authorities.

B. CONFLICTS OF INTEREST

All Suppliers participating in a Procurement process must declare any perceived, potential, or actual conflicts of interest.

The term “conflict of interest,” when applied to Suppliers, includes any situation or circumstance where:

1. in the context of a Procurement process, the Supplier has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to:
   1. having, or having access to, confidential information of the college that is not available to other Suppliers;
   2. having been involved in the development of the Procurement document, including having provided advice or assistance in the development of the Procurement document; 
   3. receiving advice or assistance in the preparation of its response from any individual or entity that was involved in the development of the Procurement document;
   4. communicating with any person with a view to influencing preferred treatment in the Procurement process (including but not limited to the lobbying of decision-makers involved in the Procurement process); or 
   5. engaging in conduct that compromises, or could be seen to compromise, the integrity of an open and competitive Procurement process or render that process non-competitive or unfair; or
2. in the context of performance under a potential Contract, the Supplier’s other commitments, relationships, or financial interests: 
   1. could, or could be seen to, exercise an improper influence over the objective, unbiased, and impartial exercise of its independent judgment; or 
   2. could, or could be seen to, compromise, impair, or be incompatible with the effective performance of its contractual obligations.

Where a Supplier is retained to participate in the development of a Solicitation Document or the specifications for inclusion in a Solicitation Document, that Supplier will not be allowed to respond, directly or indirectly, to that Solicitation Document.

C. ETHICAL BUSINESS PRACTICES

In providing Deliverables to the college, Suppliers are expected to adhere to ethical business practices, including:

1. performing all Contracts in a professional and competent manner and in accordance with the terms and conditions of the Contract and the duty of honest performance;
2. complying with all applicable laws, including safety and labour codes (both domestic and international as may be applicable); and
3. providing workplaces that are free from harassment and discrimination.