BPS Procurement Directive Implementation Guidebook

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11.3. Glossary of TermsAccountabilityAgreement onInternal Trade(AIT)ApprovalAuthorityApproval LevelAwardBidBid ProtestBidder’sConferenceBid RepairBroader PublicSector (BPS)BPS ProcurementDirectiveCeiling Price of VORArrangementChief ExecutiveOfficerThe obligation of an employee, agent or other person to be accountable for work,action or failure to act following delegated authority.A national agreement that regulates trade between the provinces to ensure equalaccess to public-sector procurement for all Canadian suppliers. The agreement aimsto reduce barriers to the movement of persons, goods, services and investments withinCanada.http://www.ic.gc.ca/eic/site/ait-aci.nsf/eng/homeThe authority delegated by the Organization to a person designated to occupy aposition to approve on its behalf one or more procurement functions within theplan-to-pay cycle up to specified dollar limits subject to the applicable legislation,regulations and procedures in effect at such time.Criteria, often dollar levels, that define which approvals are needed for variousbusiness transactions. Limits are set on the size and nature of the business transactionsand are assigned to the individual or job role authorized to execute based on theappropriate level of responsibility.The notification to a proponent of acceptance of a proposal, quotation or tender thatbrings a contract into existence.A proposal, quotation or tender submitted in response to a solicitation from acontracting authority. A bid covers the response to any of the three principal methodsof soliciting bids, i.e., Request For Proposal, Request For Tender and Request ForQuotation.A dispute raised against the methods employed or decisions made by a contractingauthority in the administration of a proposal, tender or quotation process.A meeting chaired by the soliciting Organization to discuss with potential proponents,technical, operational and performance specifications, and/or the full extent offinancial, security and other contractual obligations related to a bid solicitation.A term used to describe the improper alteration or modification of a bid either by thebidder or by the procuring entity after the deadline for the receipt of bids has passed.As defined in the Broader Public Sector Accountability Act, 2010.BPS Procurement Directive, which replaces the BPS Supply Chain Guideline issued bythe Ministry of Finance in 2009.Dollar value of an individual procurement under the VOR arrangement above whichOrganizations must conduct procurement using an open competitive process instead ofutilizing the VOR arrangement.Refers to the head of operations at organizations.Page 44
CompetitiveProcurementConflict ofInterestConstructionConsultantConsultingServicesContractContract AA set of procedures for developing a procurement contract through a bidding orproposal process. The intent is to solicit fair, impartial competitive bids.A situation in which financial or other personal considerations have the potentialto compromise or bias professional judgment and objectivity. An apparent conflictof interest is one in which a reasonable person would think that the professional’sjudgment is likely to be compromised.Construction, reconstruction, demolition, repair or renovation of a building, structure orother civil engineering or architectural work and includes site preparation, excavation,drilling, seismic investigation, the supply of products and materials, the supply ofequipment and machinery if they are included in and incidental to the construction,and the installation and repair of fixtures of a building, structure or other civilengineering or architectural work, but does not include professional consulting servicesrelated to the construction contract unless they are included in the procurement.A person or entity that under an agreement, other than an employment agreement,provides expert or strategic advice and related services for consideration and decisionmaking.The provision of expertise or strategic advice that is presented for consideration anddecision-making.An obligation, such as an accepted offer, between competent parties upon a legalconsideration, to do or abstain from doing some act. It is essential to the creation ofa contract that the parties intend that their agreement shall have legal consequencesand be legally enforceable. The essential elements of a contract are an offer andan acceptance of that offer; the capacity of the parties to contract; consideration tosupport the contract; a mutual identity of consent or consensus ad idem; legality ofpurpose; and sufficient certainty of terms.Contract A is a contract that may arise between an organization and a supplierafter the supplier submits a response to an RFP, RFQ or RFSQ and sets the terms forawarding Contract B to a supplier.Contract A is a binding agreement on both the organization and a supplier whosubmits a bid response. It sets out the selection process, evaluation criteria and anyother terms that the parties must follow during the competitive procurement process.Whether Contract A is formed will depend on the intent of the parties to enterinto contract and can be determined by the terms of the competitive procurementdocuments. Terms that tend to indicate the intent include: 1) irrevocability of a bid; and2) a non-refundable deposit.Contract BContract B is a contract between the organization and the supplier that was selectedpursuant to the competitive procurement process for the supply of goods or services.Contract B sets out the terms of the work project such as price, timeframe and anyother terms that the parties must follow for the duration of the project.DirectiveSee BPS Procurement Directive.Page 45
Page 3: CONTENTS1. RELATIONSHIP TO THE DIRE
Page 6 and 7: 4. DIRECTIVE PRINCIPLESThe Directiv
Page 8 and 9: 9. SUPPLY CHAIN CODE OF ETHICS (COD
Page 10 and 11: 10. PROCUREMENT POLICIES AND PROCED
Page 12 and 13: 10.2.3.4. Privacy legislationThe Fr
Page 14 and 15: 10.3.1.2. Approval Authority For Pr
Page 16 and 17: 10.3.2.3. Competitive Procurement T
Page 18 and 19: 10.3.3.2.1 Request For Information
Page 20 and 21: 10.3.3.3.2 Vendor Of Record (VOR) A
Page 22 and 23: B. Second stage of the selection pr
Page 24 and 25: • Mandatory criteria (e.g., techn
Page 26 and 27: 10.3.3.4.6 Bidder’s ConferenceOrg
Page 28 and 29: 10.3.3.5.3 Evaluation MethodologyDi
Page 30 and 31: 10.3.3.5.7 Non-DiscriminationDirect
Page 32 and 33: Directive Mandatory Requirement #18
Page 34 and 35: 10.3.4. Non-Competitive Procurement
Page 36 and 37: 10.3.4.2.2 Sole SourcingWhere only
Page 38 and 39: 10.3.6 Procurement Records Retentio
Page 40 and 41: 10.3.7.3 Members Of An Organization
Page 42 and 43: 10.3.8.2 Bid Dispute Resolution Adv
Page 44 and 45: 11.2. Procurement StrategiesEach Or
Page 46 and 47: CommentsContract A sets out the del
Page 50 and 51: ElectronicTenderingEquipmentEvaluat
Page 52 and 53: Request For SupplierQualifications(
Page 54: 11.4. Glossary of AcronymsAIT - Agr

BPS Procurement Directive Implementation Guidebook

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