Finance and Economic Development Committee
Comité des finances et du développement économique
and Council / et au
Conseil
7 February 2012 / le 7 février 2012
Submitted by/Soumis par : Marian Simulik, City
Treasurer/Trésorière municipale
Contact
Person/Personne ressource : Jeff Byrne, Chief Procurement Officer, Supply /
Agent principal des achats, Approvisionnement
Finance
Department/Service des finances
613-580-2424
ext./ poste 25175, Jeff.Byrne@ottawa.ca
Ref N°: ACS2012-CMR-FIN-0003 |
That the Finance and Economic Development Committee table this report to be received and discussed at the next scheduled meeting of FEDCO, and then forwarded to Council for information.
Que le Comité des finances et du
développement économique dépose le présent rapport qui sera discuté à la
prochaine réunion prévue du CFDÉ, puis transmis au Conseil municipal pour
information.
The Purchasing By-law requires the Supply
Branch to report to Council on a quarterly basis. Each quarterly report:
1. contains information on contracts exceeding $10,000
awarded under delegated authority.
2. identifies all contracts categorized as:
(a) Consulting Services
(b) Professional Services
(c) Follow-on Contracts
(d) Amendments
3.
identifies the
reason for outsourcing in accordance with the definitions discussed below.
Document 1
The contracts approved for the period of July 1, 2011 to September 30, 2011, are listed in Document 1.
Where appropriate, staff used the following definitions as outlined in the Purchasing By-law to identify the contract category, the outsourcing reason and the non-competitive exception.
Professional
Services
Professional Services means services requiring the skills of professionals for a defined service requirement or for a specific project related deliverable including but not limited to the areas of engineering, architecture, design, planning, information technology, financial auditing and fairness commissioners.
Consulting Services
Consulting Services means assistance to management, including but not limited to the areas of strategic analysis, organizational design, change management, policy development, feasibility studies and other services intended to assist decision making within the organization.
Amendment
An amendment is an increase in the scope of an approved contract, which is
unanticipated. Those amendments that are
both greater than $50,000 and 50% of the original contract will be identified
in the quarterly report.
Follow-on Contract
& Extensions
A follow-on contract differs from an amendment in that the original contract or bid
solicitation document recognizes the fact that it is likely that the initial
defined contract scope may be expanded to include a number of related phases
that are either included in the tender document, or are customary in relation
to the work assignment. Rates charged for the follow-on contract are reviewed
by the Supply Branch, and must be based on those rates proposed by the service
provider in the original competitive “bid”.
An extension to a contract is not categorized as an amendment or a follow-on contract. An extension is a contract term allowing the City to continue purchasing the good or service for an extended period of time where the option to extend the contract was outlined in the bid document, or is deemed to be in the best interest of the City.
Reason for
Outsourcing the Work
The reason
Consulting and Professional Service contracts are let is identified as follows:
(a) workload
related or lack of internal resources by a “W”;
(b) need for
specialized expertise by an “E”;
(c) need for
independent third party oversight by an “I”;
(d) regulatory
requirement by an “R”;
(e) proprietary
service or unique market position by a “P”; and
(f) business model
required outsourcing by an “O”.
The following table summarizes the total number and value of the contracts as well as the different categories under which the applicable contracts fall.
|
Total # of Contracts |
Total $ Value |
#
Prof. Services |
#
Consulting |
Workload
|
Specialized
|
Independent
third party oversight "I" |
Regulatory
|
Proprietary
|
Business
model outsourcing "O" |
AG |
4 |
$257,660.64 |
4 |
- |
- |
4 |
- |
- |
- |
- |
CM |
48 |
$3,067,111.08 |
31 |
- |
- |
17 |
- |
- |
- |
14 |
CO[1] |
414 |
$92,687,035.15 |
105 |
1 |
- |
88 |
- |
- |
- |
18 |
ISCS[2] |
467 |
$227,346,593.03 |
184 |
3 |
- |
35 |
1 |
- |
1 |
150 |
Total |
933 |
$323,358,399.90 |
324 |
4 |
- |
144 |
1 |
- |
1 |
182 |
Non-Competitive
Purchases
22(1) The requirement for competitive bid
solicitation for goods, services and construction may be waived under joint
authority of the appropriate Director/General Manager and the Supply Branch and
replaced with negotiations under the following circumstances:
a. where competition is precluded due to the application of any Act or legislation or because of the existence of patent rights, copyrights, technical secrets or controls of raw material,
b. where due to abnormal market conditions, the goods, services or construction required are in short supply,
c. where only one source of supply would be acceptable and cost effective,
d. where there is an absence of competition for technical or other reasons and the goods, services or construction can only be supplied by a particular supplier and no alternative exists,
e. where the nature of the requirement is such that it would not be in the public interest to solicit competitive bids as in the case of security or confidentiality matters,
f. where in the event of a "Special Circumstance" as defined by this By-law, a requirement exists,
g. where the possibility of a follow-on contract was identified in the original bid solicitation,
h. where the total estimated project cost for professional services does not exceed $50,000, or
i. where the requirement is for a utility for which there exists a monopoly.
22(7) Any non-competitive contract that does not satisfy the provisions of Subsection 22(1) is subject to the City Manager’s approval.
Document 1 identifies all non-competitive purchases as well as references the appropriate subsection 22(1) and 22(7).
The Supply Branch certifies that all the contracts awarded under Delegation of Authority for the period of July 1, 2011 to September 30, 2011, are in compliance with the Purchasing By-law.
2011 Q3 |
Total Contracts |
% of Total
Contracts |
Total Amount |
% of Total
Amount |
$10K - $25K |
314 |
33.7% |
$5,044,757.36 |
1.6% |
$25K - $50K |
204 |
21.9% |
$7,368,873.28 |
2.3% |
$50K - $100K |
144 |
15.4% |
$9,896,268.73 |
3.0% |
≥$100K |
271 |
29.0% |
$301,048,500.53 |
93.1% |
Total |
933 |
100% |
$323,358,399.90 |
100% |
2011 Q3 Purchases by Type
Type |
# of Contracts |
|
Goods, Fleet & Equipment[3] |
160 |
$67,302,582.16 |
Construction[4] |
270 |
$211,334,359.00 |
Professional & Technical Services[5] |
349 |
$32,028,376.59 |
IT & Special Projects[6] |
154 |
$12,693,082.15 |
Total |
933 |
$323,358,399.90 |
Professional and
Consulting Services Contracts > $10,000
2011 Q3 |
Total Contracts
|
Total Value
|
Professional
Services |
$28,453,457.18 |
|
Consulting Services |
4 |
$358,754.88 |
Total |
328 |
$28,812,212.06 |
There are no rural implications.
The preparation of this report is required by the Purchasing By-law and as such no public consultation is required.
N/A
There are no legal impediments to implementing the recommendation in this report as the information is required to be disclosed pursuant to the Purchasing By-law.
N/A
N/A
N/A
Prior
to a contract approval, Supply Branch staff confirms that the appropriate funds
are available in the budget, based on receipt of a funded requisition in
SAP. The availability of funds is a
condition of approval under the Purchasing
By-Law.
Report forwarded for information pursuant to the Purchasing By-law.
[1] Excludes purchases made by the Ottawa Public Health Department. These are now reported to the Board of Health on a quarterly basis.
[2] Excludes purchases made by the Transit Services Department. These are now reported to the Transit Commission on a quarterly basis.
[3] Includes:
· Five year agreement for the supply of Municipal Fleet parts and an inventory management program - $40.4M
· Supply and delivery of Coarse Crushed Rock Salt - $10.1M
[4]Includes:
· Hunt Club Road extension Phase 1, Part B - $37.7M
· Construction of Kanata North Recreation Complex - $33.9M
[5] Includes:
· Tree Pruning Services City-Wide - $2.5M
[6] Includes:
· Phase 1 of the Enterprise Asset Management Project - $1.1M