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This version was current from April 1, 2009 to June 15, 2011.
Note: It does not reflect any retroactive amendment enacted after June 15, 2011.
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C.C.S.M. c. G90
The Government Purchases Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"compliant bid" means a bid
(a) made by a person who has met all conditions imposed in the request for tenders on persons seeking the contract in question, and
(b) that meets all requirements for the goods to be purchased set out in the request for tenders; (« soumission conforme »)
"General Purchasing Agent" means the General Purchasing Agent appointed under this Act; (« responsable général des Achats »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre »)
BUREAU AND STAFF
To provide more efficiently for the requirements of the public service, there shall be a Purchasing Bureau over which the minister shall preside, and he shall have the direction and management of that bureau.
A special officer, who shall be known as: "the General Purchasing Agent", and such other officers and employees as may be required for the proper conduct of the work of the Purchasing Bureau may be appointed as provided in The Civil Service Act.
HOW PURCHASES TO BE MADE
The General Purchasing Agent shall arrange for the purchase of any and all commodities of any nature whatsoever that may be required for the use of the various departments of the public service of the province with the following exceptions:
(a) materials required for work to be done under departmental orders issued in connection with "Repair and Alteration Requisitions" or supplies, equipment, and apparatus of technical nature, all of which may be purchased as may be necessary by such other official as the minister may designate and subject to the direction and approval of the minister of the department affected;
(b) contracts for the erection, repair, or alteration of buildings for the use of any service under the government do not come within the jurisdiction of the General Purchasing Agent;
(c) such supplies as may be required in emergency, as drugs at the various institutions and sundry supplies, the need for which it is not possible to anticipate until the actual necessity is apparent, may be purchased in the discretion of the responsible official in charge of the department or institution or the work where the need arises, without reference to the General Purchasing Agent, but subject at all time to the approval of the minister presiding over the department in which the occasion arises and with all due economy.
All such purchases made without prior reference to the General Purchasing Agent or any of his assistants are subject to review and report by him to the minister of the department affected.
Where a purchase is made without due authority by any official on the plea of emergency, if it appears from the invoice that excessive prices were charged, and the purchase was not warranted on the ground of emergency, or the emergency was due to the negligence of the official in failing to make proper requisitions in proper time, the General Purchasing Agent shall report the facts to the minister of the department affected with evidence of the negligence, lack of emergency, or exorbitant price, and the minister may surcharge the official with any excess cost to the government on the purchase, and deduct that excess from the salary of the official.
All purchases of goods made under authority of this Act are subject to the following rules:
(a) all purchases must be made in the most economical manner possible;
(b) whenever possible, competitive offers are to be obtained through the use of public tenders or similar means;
(c) every request for tenders must set out
(i) the conditions that must be met by persons bidding on the contract in question,
(ii) the requirements for the goods in question, and
(iii) the criteria on which compliant bids will be evaluated;
(d) subject to the regulations, when public tenders or similar means are used, the contract must be awarded as follows:
(i) if the request for tenders states that price is to be the deciding factor between compliant bids, the contract must be awarded to the compliant bid with the lowest price,
(ii) in any other case, the contract must be awarded to the compliant bid that receives the highest rating using the evaluation criteria set out in the request for tenders.
For the purchase of classes of goods prescribed by regulation, persons bidding must establish that the goods have been or will be produced in accordance with minimum fair labour practices prescribed by regulation.
The General Purchasing Agent, subject to the approval of the minister of the department affected, shall establish standards for all articles for the use of the various departments of the public service and branches thereof, and shall make, or cause to be made, any test or examination or analysis necessary therefor, and frame, or cause to be framed, uniform specifications therefor, and standard and uniform forms of contract for the supply of such articles.
Where the General Purchasing Agent is of the opinion that purchases in bulk of commodities and supplies of any kind for use in or for the purposes of the various departments of the public service, are advisable, he may, with the approval of the Lieutenant Governor in Council, cause such bulk purchases to be made; in which event the total cost of those purchases shall be defrayed out of an account to be provided for the purpose in the accounts of the government, to be known as: "Open Ledger Account Stores Stock", and that appropriation shall be reimbursed from the various appropriations affected as the commodities in question are distributed to the respective branches of the public service.
Where in this Act authority is given for the purchase or purchase in bulk of commodities, goods, or supplies of any kind, that authority includes authority to pay charges necessary and incidental for the purpose of the acquirement and delivery of the commodities, goods, or supplies, in a form or condition in which, and at a place where, they can be used for the purpose for which they are acquired; and without restricting the generality of the foregoing, includes authority to pay, with respect to the commodities, goods, or supplies, so acquired,
(a) railway, ship, or other freight charges, trucking charges, and express charges, and the charges for packing, loading, and unloading, them;
(b) storage charges;
(c) insurance charges; and
(d) charges for processing or fabricating them as may be necessary and incidental for the purpose aforesaid.
All requisitions for the purchase of all kinds of commodities and supplies required for the purposes of the public service of the province shall be in writing and in such form as may be approved by the Minister of Finance.
Except in cases of emergency as hereinbefore provided and of the purchase of goods in bulk for stores stock, no purchase shall be made by the General Purchasing Agent or any of his assistants unless there is a written requisition therefor signed by the officer requiring them, and the requisition is approved in writing by the member of the Executive Council in charge of the department affected, or his deputy, or the incumbent to an authorized position of the department designated for the purposes of this section by the member of the Executive Council in charge of that department.
On approval by the minister of the department affected the General Purchasing Agent shall cause formal contracts to be drawn up for the signature of the parties concerned and present them to that minister for execution.
The General Purchasing Agent shall cause to be kept such books of record, price lists, tabulation of quotations and forms of account as shall be approved by the Minister of Finance; and those records shall at all times be available to the Auditor General or the minister of any department interested.
Where the General Purchasing Agent has received a requisition in due form he shall
(a) secure quotations for the commodities required; and
(b) indicate by means of the issuing of an order from whom the purchase is to be made.
The Lieutenant Governor in Council may make regulations
(a) for the purpose of clause 7(1)(d), respecting when a contract need not be awarded to the compliant bid with the lowest price or the highest-rated compliant bid;
(b) prescribing minimum fair labour practices and classes of goods for the purpose of subsection 7(2);
(c) respecting when the responsible manufacturer policy set out in subsection 7(2) does not apply;
(d) respecting any matter necessary or advisable to carry out the purposes of this Act.