Policy 79 — Purchasing & Tendering

Bridgewater, Nova Scotia

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PURCHASING & TENDERING POLICY POLICY #: 79 Date Approved: January 13th, 2014 Amended: January 28, 2019 (Resolution #19-02) Amended: June 10, 2019 (Resolution # 19-111) Amended: January 24, 2022 (Resolution #22-026) Amended: March 27, 2023 (Resolution #23-072) Town of Bridgewater Policy 79 - Purchasing and Tendering 2 TITLE 1. This Policy is entitled the "Purchasing & Tendering Policy". PART I - INTRODUCTORY INTERPRETATION 2. In this Policy: 1) "alternative procurement practice" means the purchase of goods, services or construction without a public tender or other competitive process, in the circumstances described in Section 18 of this Policy; 2) "best value" means evaluating bids not only on purchase price and life cycle cost considerations, but also taking into account items such as environmental and social considerations, delivery, servicing and the capacity of the supplier to meet other criteria as stated in tender documents; 3) "competitive procurement" means a procurement method whereby all interested suppliers may submit a bid; 4) "construction" means the construction, reconstruction, demolition, repair or renovation of a building, structure, road or other engineering or architectural work, excluding professional consulting services related to the construction contract unless they are included in the procurement; 5) "environmental considerations" means factors associated with the purchase, manufacture, operation or disposal of a product or asset that affects the environment, such as the degree to which the product or asset uses recycled materials, is energy efficient, or produces or reduces greenhouse gas emissions; 6) "goods" means materials, furniture, merchandise, equipment, stationery and other supplies required by the Municipality for the transaction of its business and affairs, including services that are incidental to the provision of such supplies; 7) "invitational competition" A competitive process in which an invitation to submit bids is issued to at least three suppliers. 8) "life cycle cost" means the total costs associated with a product or asset over its life span, including the cost of maintenance, repair, operation and disposal; 9) "local business" means businesses whose main office or operations are physically located within the boundaries of Lunenburg County; Town of Bridgewater Policy 79 - Purchasing and Tendering 3 10) "open competition" The solicitation of bids through a publicly posted solicitation document. 11) "public tender" means publicly advertising as described in Section 20 of this Policy, the Town of Bridgewater's intended procurement of certain goods, services or construction and inviting responses from interested suppliers. Public tenders include traditional tenders, requests for proposals, and two-phase bids, and are described in Section 14 of this Policy; 12) "request for proposals" means a formal invitation to suppliers to describe how their services, methods, equipment or products can address and/or meet the needs of the Town of Bridgewater. Requests for proposals are described in Section 16 of this Policy; 13) "request for quotations" means informally obtaining price quotations from a number of different suppliers. Requests for quotations are described in Section 13 of this Policy; 14) "services" means services required by the Municipality for the transaction of its business and affairs, excluding services provided by an employee of the Municipality through a Personal Services Contract; 15) "social considerations" means factors associated with the purchase or manufacture of a product or asset that relate to the rights or interests of the workers involved, such as working conditions, fair wages, and compliance with human rights legislation and conventions; 16) "standing offer" means a source of supply available to the Town of Bridgewater either through a standing price agreement with a supplier or as a member of a larger group of purchasers. Standing offers are described in Section 12 of this Policy; 17) "traditional tender" means a formal invitation to suppliers to submit a bid to supply specified goods, services or construction. Traditional tenders are described in Section 15 of this Policy; and 18) "two-phase bid" means a two stage process in which suppliers submit proposals for evaluation and separately submit prices. Two phase bids are described in Section 17 of this Policy. 3. Application of this Policy This Policy applies to the procurement by all departments, agencies, boards, and commissions of the Town of Bridgewater of all goods, services and construction, including construction and facilities, by purchase or lease, but does not apply to procurements: 1) By the Town of Bridgewater from organizations owned or controlled by the Town of Bridgewater; 2) Where a construction project is managed by a third party on behalf of the Town of Town of Bridgewater Policy 79 - Purchasing and Tendering 4 Bridgewater, in which case, the procurement for the project must be in accordance with the contract between the Town of Bridgewater and the third party, and in accordance with generally accepted procurement practices. 4. Procurement Policy Principles All procurement by the Town of Bridgewater must be carried out with a view to: 1) Ensuring an equitable, open and transparent process for the acquisition of goods and services by the Town of Bridgewater; 2) Avoiding dishonesty, corruption, or favoritism in the procurement of Goods, Services and Construction; 3) Encouraging competitive bidding wherever possible, and, in any event, minimizing the Town of Bridgewater's cost of acquiring Goods, Services and Construction while obtaining best value. 4) Utilizing suppliers who can be expected to provide satisfactory performance; 5) Taking into account environmental considerations in all procurement decisions and selecting environmentally beneficial Goods, Services and Construction where practical; 6) Complying with applicable regional, national, and international trade agreements including the Agreement on Internal Trade, Canada Free Trade Agreement and the Atlantic Trade and Procurement Partnership; 7) Complying with the Public Procurement Act, S.N.S. 2011, c.12 and Regulations made pursuant to the Public Procurement Act. 5. Pursuant to Section 15(1) of the Public Procurement Act, all employees involved in procurement on behalf of the Town of Bridgewater must: 1) Ensure their procurement activities are conducted according to this Policy, provincial and federal legislation, trade agreements and ethical business practices; 2) Encourage and support collaborative procurement amongst other municipalities and public sector entities; 3) Follow leading procurement practices; 4) In good faith, conduct business with current and prospective suppliers and be fair in all business dealings; 5) Strive to obtain the best value for each expenditure; Town of Bridgewater Policy 79 - Purchasing and Tendering 5 6) Require suppliers provide accurate representations of goods, services, and construction; 7) Encourage suppliers to consider sustainability in their product or service offerings; 8) Encourage the negotiation of an equitable and mutually acceptable settlement when a dispute arises; and 9) Request removal from a procurement process when a personal conflict of interest is perceived. PART II - NORMAL PROCUREMENT PRACTICES Procurement of Goods, Services and Construction 6. The Town must procure goods, services and construction in accordance with the following table. The amounts shown are exclusive of HST (15%), whether or not some portion of the taxes might be reimbursable. Low Value High Value Quotes Invitational Competition Open Competition Goods Less than $5,000 $5,000 - $49,999 $50,000 & Above Services Less than $5,000 $5,000 - $49,999 $50,000 & Above Construction Less than $5,000 $5,000 - $99,999 $100,000 & Above Public Procurement Required No No Yes Dividing procurement activity to reduce or keep the procurement value below certain thresholds is not permitted. In addition to adhering to the principles in Sections 4 and 5, normal purchasing practices must be as described below in Sections 7 to 9. Low Value Procurement 7. For goods, services and construction having a value less than $5,000: For purchases that are random in nature, purchaser may use standing offer if one exists; otherwise purchases may be made by the department using a purchase order or Town of Bridgewater purchase card in accordance with the relevant Policy. Town of Bridgewater Policy 79 - Purchasing and Tendering 6 8. For goods and services having a value of $5,000 and over, but less than $50,000 and construction having a value of $5,000 and over but less than $100,000: 1) Goods, services and construction may be procured under a standing offer, if one exists for the goods, services and construction required, and if doing so will provide best value. 2) If the goods, services and construction are not procured under subsection (1), the Departmental Director must decide whether the goods, services or construction must be procured under subsection 8(3) or subsection 8(4). 3) Purchaser will attempt to solicit at least three written quotations and attach them to the Purchase Order. The Purchase Order must be completed and approved by the authorized approver (see section 10). The purchaser will post quote opportunities with a value of $25,000 or greater on the Town of Bridgewater website. 4) Purchaser will issue public tender or proposal (see section 14), which may be preceded by a request for qualifications or request for expressions of interest. These opportunities must be posted on the Town of Bridgewater and the Nova Scotia provincial websites (see section 20). 5) Award will be to the supplier providing best value. The procurement decision may be made by the Departmental Director, subject to individual approval limit, provided the purchase is within the budget and is being awarded to the best value bidder and is within budget; otherwise, Council approval of award is required. 6) Purchaser will document evaluation of best value and provide to Purchasing Coordinator prior to award. 7) Funds are to be clearly identified in the approved operating or capital budget. 9. For goods and services having a value of $50,000 and over, and construction having a value of $100,000 and over: 1) If the Goods, services and construction must be procured by sealed public tender or proposal (see Section 14), which may be preceded by a request for qualifications or request for expressions of interest. 2) These will be posted on both the Town of Bridgewater and the Nova Scotia Provincial Government websites. (See Section 20). 10. Authority 1) Unless stated otherwise, addressed in another policy, or delegated by Council, the ability to make or authorize expenditures or enter into contracts are subject to the following authority limits: Town of Bridgewater Policy 79 - Purchasing and Tendering 7 Method Employee Director CAO Council Goods, Service and Construction less than $5,000 Subject to individual staff Purchase Limit up to $5,000 $5,000 $5,000 $5,000 Low Value Procurement (Open Procurement) Subject to individual staff Purchase Limit up to low value limit Goods & services $50,000; Construction $100,000 Subject to individual Director purchase limit Goods & services $50,000; Construction $100,000 Any Amount High Value Procurement (Competitive Procurement) n/a n/a Goods, services and construction to $250,000 Any Amount 2) Notwithstanding the approval authority limits listed above: (a) a contract award must be forwarded to Council for approval if: (i) the award commits the Municipality to making capital expenditures in a future fiscal year (ii) there is legislative requirement for Council to approve the award; (iii) The recommended award results in project being over budget; (iv) The recommendation is not based on best value or (v) the CAO is of the opinion that the award is a matter best dealt with by Council. 3) Funds are to be clearly identified in approved operating or capital budget 4) Pursuant to clause 10 (1), the following good and services procured on an annual basis, in which the value is more than $250,000, shall be approved by the CAO: (a) Concrete supply (b) Traffic control (c) Trucks and equipment (d) Streetline marking (e) Gravel supply (f) Asphalt supply (g) Salt Hauling (h) Plumbing and backflow services, and (i) Tree Sanitation; Town of Bridgewater Policy 79 - Purchasing and Tendering 8 5) The approval of the CAO shall be subject to the following: (a) the procurement complies with all other requirements of this policy; and (b) the award is to the bidder providing the best value. 6) Reporting of Awards (a) The Director of Finance shall provide a report to Council, at least quarterly, containing a list of: (i) all awards approved by the CAO; and (ii) all awards exceeding $50,000 resulting from Alternative Procurement. (b) The report shall show the name of the contract, the name of the successful supplier, the amount of the contract, and the budgetary estimate. 11. Municipal staff or Council (whoever has authority to award the contract under this Policy) may approve exceptions to the normal purchasing practices outlined in Sections 7 to 9 of this Policy: 1) When a more competitive process normally used for goods, services and construction of higher value, is used; or 2) When, in accordance with the criteria described in the "alternative procurement practices" provisions in Section 18 of this Policy, it is necessary or appropriate that the goods, services or construction be purchased in accordance with that section. PART III - GUIDELINES FOR PROCUREMENT PROCEDURES 12. Standing Offers: 1) A standing offer is a source of supply available to the Town of Bridgewater either through a standing price agreement with a supplier or as a member of a larger group of purchasers, and includes: (a) A standing agreement between the Town of Bridgewater and a supplier in which the supplier commits to providing specified goods, services or construction at a specific price for a specific period of time. Such standing agreements should, themselves, be the subject of a competitive procurement process; (b) Equipment leasing programs through the Government of Nova Scotia; Town of Bridgewater Policy 79 - Purchasing and Tendering 9 (c) Nova Scotia Provincial "standing offers" administered by the Nova Scotia Government; (d) Supplies and services available from the Nova Scotia Government; (e) Any other program available to several municipal units and other public sector entities, provided that municipal staff is satisfied that such program has been developed and conforms with the principles set out in Section 4 13. Request for Quotations: 1) A request for quotation process involves informally obtaining price quotations from a number of different suppliers. 2) Requests for quotations are generally used when the cost of the goods, services or construction does not warrant the time, effort and expense required for a formal public tender process. 3) Quotations must normally be sought from at least three suppliers but fewer suppliers may be used when three suppliers are not available within a reasonable distance, having regard to the value of the Goods, Services and Construction, the shipping or travel cost and the amount of time available before the Goods, Services and Construction required to be available. Responses will be attached to the completed Purchase Requisition form. If it is decided to obtain fewer than three quotations, the person obtaining quotations must document their reasons for doing so. 4) Quotations must be normally obtained in writing, but when time does not permit the obtaining of written quotations, the quotations may be obtained verbally, except when this Policy stipulates otherwise. If a quotation is obtained verbally, the person obtaining it must document the quotation, including the time, date, supplier, price and description of the Goods, Services and Construction, and the person for whom the quotation was obtained on the Purchase Order. 14. Public Tender: 1) Public tender means publicly advertising the Town of Bridgewater's intended procurement of certain goods, services or construction and inviting responses from interested suppliers. (See Section 20) 2) Public tenders are used for higher value procurements, when the cost of the goods, services or construction warrants the time, effort and expense required for a public tender process. 3) Public tenders can be in the form of traditional tenders (see Section 15), requests for proposals (see Section 16), or two-phase bids (see Section 17). Town of Bridgewater Policy 79 - Purchasing and Tendering 10 15. Traditional Tender: 1) A traditional tender is a formal invitation to suppliers to submit a bid to supply specified goods, services or construction. 2) A traditional tender should be used when the procurement requirements of the Town of Bridgewater can be clearly and completely specified. 3) The Town of Bridgewater must not negotiate with any bidders but must award the procurement contract to the bidder that meets the tender requirements and provides best value. 16. Request For Proposals: 1) A request for proposals is a formal invitation to suppliers to describe how their services, methods, equipment or products can address and/or meet the needs of the Town of Bridgewater. 2) A request for proposals may be used when the Town of Bridgewater is unable to clearly or completely specify the goods, services or construction required, and suppliers are therefore asked to provide a solution to the problem, requirement or objective. Requests for proposals may also be used for professional and consulting services. 3) In order to preserve confidentiality of sensitive commercial information contained in a proposal, proposals submitted in response to a request for a proposal need not be opened in public but must be opened in the presence of at least three representatives of the Town of Bridgewater, and after the proposals are opened a list of the proponents must be available to the public and the proponents upon request. 4) Negotiations with suppliers may be required to finalize any aspect of the proposal provided. Such discussion and negotiations are conducted to: (a) Award equitable treatment to each qualified bidder with respect to an opportunity for discussion and the revision of the proposal. (b) Prevent the disclosure of the content of one bidder to another. 5) The Town of Bridgewater must award the procurement contract to the supplier whose proposal is determined to provide best value to the Town of Bridgewater based upon the evaluation criteria set out in the request for proposals and equitably applied to all proposals. 17. Two Phase Bids: 1) A two-phase bid process invites suppliers to submit bids as follows: Town of Bridgewater Policy 79 - Purchasing and Tendering 11 (a) Phase One One or more steps in which bidders submit proposals for evaluation, either with or without prices in a separate submission; (b) Phase Two Only those bidders whose bids were determined to be acceptable will be entitled to submit priced bids for consideration or, where prices are submitted separately in Phase One, the prices are opened. 2) A two-phase bid process may be used when detailed specifications are not available, or it is impractical to prepare a specification based on price. This type of procurement has the advantages of a request for proposals in Phase One and a traditional tender in Phase Two. 3) The Phase One submissions need not be opened in public but must be opened in the presence of at least three representatives of the Town of Bridgewater and a list of the proponents will be available to the public and the proponents upon request. Phase Two bids must be opened in public. 4) The Town of Bridgewater must not negotiate with any bidders and must award the procurement contract to the supplier whose proposal is determined to provide best value to the Town of Bridgewater based upon the evaluation criteria set out in the Phase One request for submissions equitably applied to all proposals, and the prices in Phase Two. 18. Alternative Procurement Practices: 1) In certain circumstances, described in this section, the Town of Bridgewater may purchase goods, services or construction without using one of the options set out above. An alternative procurement purchase may occur only: (a) Where an unforeseeable situation of urgency exists and the goods, services or construction cannot be obtained in time by means of open procurement procedures; (b) Where goods or consulting services regarding matters of a confidential or privileged nature are to be purchased and the disclosure of those matters, through an open tendering process could reasonably be expected to compromise government confidentiality, cause economic disruption or otherwise be contrary to the public interest; (c) Where compliance with the open tendering provisions set out in this Policy would interfere with the Town of Bridgewater's ability to maintain security or order or to protect human, animal or plant life or health; (d) In the absence of tenders in response to an open or selective tender, or when the tenders submitted have been collusive, or not in conformity with the essential requirements in the tender; Town of Bridgewater Policy 79 - Purchasing and Tendering 12 (e) To ensure compatibility with existing products, to recognize exclusive rights, such as exclusive licenses, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative; (f) Where there is an absence of competition for technical reasons and the goods, services or construction can be supplied only by a particular supplier and no alternative or substitute exists; (g) For the procurement of goods, services or construction, the supply of which, is controlled by a supplier that is a statutory monopoly; (h) For the purchase of goods on a commodity market; (i) For work to be performed on or about a leased building or portions thereof that may be performed only by the lessor; (j) For work to be performed on property by a contractor according to provisions of a warranty or guarantee held in respect of the property or the original work; (k) For the procurement of a prototype or a first good or service to be developed in the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases; (l) For the purchase of goods under exceptionally advantageous circumstances such as bankruptcy, receivership, or auctions but not for routine purchases; (m) For the procurement of original works of art; (n) For the procurement of subscriptions to newspapers, magazines or other periodicals; (o) For the procurement of real property; (p) For the procurement of goods intended for resale to the public; (q) For procurement from philanthropic institutions, prison labour, persons with disabilities, sheltered workshop programs or through employment equity programs; (r) For procurement from a public body or a non-profit organization (s) For the procurement of services of expert witnesses, specifically in anticipation of litigation or for the purpose of conducting litigation; (t) Insurance claims; (u) Insurance through UNSM program. Town of Bridgewater Policy 79 - Purchasing and Tendering 13 2) When an alternative procurement purchase occurs, the reason for doing so must be documented. 19. Specialized Services: 1) Legal Services (a) General Legal Services - RFP every five (5) years (b) Specialized Legal Services - Acquired by staff based upon qualifications, experience, services offered, past performance, proposed fees and other relevant considerations. 2) Audit Services - RFP every five (5) years 3) Banking Services - RFP every five (5) years PART IV - REQUIREMENTS FOR ALL PUBLIC TENDERS 20. The following requirements apply to all public tenders, whether traditional tenders, requests for proposals, or two phase bids: 1) The Town of Bridgewater must provide reasonable notice and opportunity to respond to public tenders, and must post or place notices of public tenders as follows: (a) On the public website maintained and operated by the Nova Scotia Provincial Government; (b) On the Town of Bridgewater's website; (c) In other media, as decided by the Departmental Director, when the Director determines that the cost and nature of the procurement warrants the expense of doing so. 2) Every public tender must include, or have attached, the terms and conditions that govern the tender. 3) The terms and conditions of every notice of public tender must be consistent with: (a) The standard instructions that support public tenders issued by the four Atlantic provinces for Goods, Services and Construction, known as the Atlantic Standard Terms and Conditions, for the procurement of Goods, Services and Construction; (b) The standard instructions that support construction tenders issued by the Government of Nova Scotia, known as the Construction Contract Guidelines, for Town of Bridgewater Policy 79 - Purchasing and Tendering 14 the procurement of construction. 4) Public tenders should normally include specifications or terms as follows: (a) Expressly, or by implication, outlining the issues or criteria that will be used for the selection of a successful bidder or proponent; (b) A privilege clause stating that the lowest or any bid or proposal will not necessarily be accepted; (c) The location for delivery of bids or proposals; (d) The means of delivery of bids or proposals; (e) The time and date of closing; (f) A warning that tender documents and bids will be open to the public, except to the extent otherwise stated in a call for tenders or a request for proposals, in which event there must be included a warning that proposals or bids are subject to the Freedom of Information and Protection of Privacy provisions of the Municipal Government Act; (g) For design or architectural services, a statement that the Town of Bridgewater will own the copyright in the design, plans and other intellectual property produced for the Town of Bridgewater. 5) Public tenders should also include a form of contract that the successful bidder will be required to enter into with the Town of Bridgewater or should direct that bidders or proponents must provide the form of contract with their bid or proposal. 6) For each public tender that is awarded, the Town of Bridgewater must post the name of the successful supplier and the contract amount on the public website maintained and operated by the Nova Scotia Provincial Government. 7) The terms and conditions of every public tender must state the criteria that the Town of Bridgewater will use in evaluating responses. Those criteria are not limited to purchase price and life cycle cost considerations but may also include items such as environmental and social considerations, delivery, servicing and the capacity of the supplier. 21. Supplier Debrief: 1) Upon the request of a supplier who is an unsuccessful bidder in a public tender, the Town of Bridgewater must conduct a debriefing with that supplier to provide feedback on the evaluation of the public tender. The debriefing must be conducted as follows: (a) The Departmental Director or designate(s) and Purchasing Coordinator or designate must conduct the debriefing; Town of Bridgewater Policy 79 - Purchasing and Tendering 15 (b) The debriefing must provide reasons for the disqualification of the supplier, or in the case where evaluation scoring was used, provide an overview of the supplier's score in each category and reasons for that score; (c) The debriefing must also provide information to the supplier on how to improve future submissions; (d) The debriefing must not disclose any information regarding other bidders or their submissions. 22. Supplier Performance: 1) Suppliers may be subject to disqualifications if there is sufficient evidence of failure to meet the standards specified by the Town of Bridgewater. Suppliers may be evaluated based on competitive price, quality of a product, contract adherence and performance, and after sales service. Upon reasonable notice in writing to the supplier involved, and after a reasonable opportunity for response, a supplier can be disqualified for a period not exceeding three years from participation in solicitation for Goods, Services and Construction when: (a) Serious breach of contract indicating unwillingness to perform a contract in accordance with the terms and conditions or specifications or a record of unsatisfactory performance of one or more contracts in accordance with its specifications or both. (b) The offer of any gratuity to an official or employee of the Town of Bridgewater by the supplier or contractor for consideration. 2) A written decision shall be issued to the person disqualified or suspended setting out its reasons for disqualification or suspension, to the usual business address of that person as shown in the records of the purchasing section. 3) Disqualification will be approved by the CAO. PART V - LOCAL PREFERENCE AND SUSTAINABILITY CONSIDERATIONS 23. Local Preference: 1) For purchases greater than $5,000, Municipal staff or Council (whoever has the authority to award the contract under this Policy) shall give preference to purchasing goods, services or construction from local businesses in accordance with the following: (a) If the goods, services or construction available from a local business are equal in providing best value to those available from a non-local business, the goods, Town of Bridgewater Policy 79 - Purchasing and Tendering 16 services or construction from the local business must be purchased. (b) In evaluating which goods, services or construction offer best value to the Town of Bridgewater, the Town of Bridgewater must apply a preference of 5% to the price offered by a local business as compared with non-local business, such that the price offered by the local business is adjusted lower by 5% for the purposes of evaluating which goods, services or construction offer best value. (c) All advertised requests for quotations and notices of public tender must state when local preference applies to the procurement. (d) The local preference described above does not apply to procurements that have a value greater than $25,000. 24. Sustainability Considerations: 1) Pursuant to the Public Procurement Act, in evaluating which goods, services or construction offer best value to the Town of Bridgewater, the Town of Bridgewater may consider sustainability criteria, meaning environmental considerations, social considerations, and economic considerations. 2) All advertised requests for quotations and notices of public tender must list the sustainability criteria that apply to the procurement. 25. Conflicts of Interest: 1) If a staff member, otherwise authorized to award a contract, has a conflict of interest (that is, he/she stands to gain or lose financially from a contract award), the award must be made by the person to whom the conflicted staff member normally reports and the conflicted staff member must not participate in the procurement process related to the contract in any manner. 2) Where Council is awarding a contract, the Municipal Conflict of Interest Act applies so any Councillor who has a conflict of interest as defined the Act must act accordingly. 26. Duration of Contracts: Contracts for Goods, Services and Construction that are required to be procured by public tender under this Policy, including price agreements, must be re-tendered at least once every five years but may be re-tendered more frequently at the direction of Council or a Director. 27. Lease Arrangements: Lease arrangements are subject to the provisions of this Policy, save and except that Council's authority must be obtained for any leases required by the Municipal Government Town of Bridgewater Policy 79 - Purchasing and Tendering 17 Act to be authorized by Council. 28. Approval of Form of Tender: Public tendering documents are to be reviewed by the Director or his/her designate prior to the issuance to ensure consistency of tendering documents and practices. 29. Estimating the Value of Goods, Services and Construction: In determining the cost of the Goods, Services and Construction for the purpose of deciding which of Sections 7, 8 9, or 10 apply to a purchase, staff must reasonably estimate the cost of the goods, services or construction. 30. Posting on Town of Bridgewater Website: A copy of this Policy must be posted on the Town of Bridgewater's website. 31. Compliance with Policy: All staff and Councillors must act in good faith to comply with this Policy, but failure to comply with this Policy does not invalidate any procurement decision or act of the Town of Bridgewater, nor is the Town of Bridgewater liable to any supplier or prospective supplier for failing to comply with this Policy. 32. Repeal Policy #2 Tendering Procedures - Purchasing as adopted by the Council on March 29, 1989 is here by repealed and replaced by this policy.