CÉGEP HERITAGE COLLEGE POLICY # 42 CONCERNING THE CONTRACT RULES COMPLIANCE MONITOR (CRCM) ADMINISTRATOR: Director of Building and Computer Services

Transcription

1 42 CÉGEP HERITAGE COLLEGE POLICY # 42 CONCERNING THE CONTRACT RULES COMPLIANCE MONITOR (CRCM) COMING INTO FORCE: June 19, 2014 REVISED: N/A ADMINISTRATOR: Directr f Building and Cmputer Services

2 Preamble In accrdance with the «Li sur les cntrats des rganismes publics (RSQ)», Cégep Heritage Cllege must adpt a plicy t designate a cntract rules cmpliance mnitr (CRCM). The present plicy is established in accrdance with the Law respecting Cntracting by Public Bdies, hereinafter referred t as the Law. Furthermre, the present plicy respects the bylaws adpted by the Bard f Gvernrs f Cégep Heritage Cllege. The Cllege is subject t the Law and its related regulatins. ARTICLE 3 Prvisins 3.1 The cntract rules cmpliance mnitr has a crucial rle. Accrding t this plicy, he/she: Ensures the develpment f a cntract management reference dcument that specifies guidelines, perating prcedures, cntract award prcedures, prcesses t be fllwed when awarding cntracts, rles and respnsibilities f all persns invlved in the cntract management prcess; ARTICLE 1 Purpse The main purpse f this plicy is t put in place rules and respnsibilities f the Cégep Heritage Cllege cntract rules cmpliance mnitr related t the applicatin f cntracts and their management. Nrmally the length f a CRCM mandate is five years. ARTICLE 2 Applicatin The present plicy applies t all administrative units f the Cllege. It applies t all internal management persnnel wh deal with cntracts. Mst imprtantly, this plicy indicates the respnsibilities f the CRCM. Ensures that infrmatin related t accuntability reprting, befre being submitted t the treasury bard secretariat, is in cmpliance with requirements prvided fr this purpse, is reliable, and is submitted within the prescribed timeframe; Checks supprting evidence when entering int r amending a cntract and participates in submissin f requests fr authrizatin t the Chief Executive Officer f the Cllege befre publishing a ntice; Ensures that publicatin f cntract infrmatin n the electrnic tendering service is in cmpliance with the requirements f the regulatry framewrk. 1

3 3.1.1 The CRCM advises the chief and suggests recmmendatins r advisry pinins with regard t the applicatin f the cntract management regulatry framewrk. Specific CRCM functins: Is cnsulted during preparatin and befre sending cntract files that require authrizatins s as t be able t make recmmendatins t the Chief Executive Officer f the Cllege. Is cnsulted by administratrs respnsible fr a particular file, befre entering int a cntract by mutual agreement and invlving an amunt equal t r abve the tender threshld. The file must be submitted in writing and include supprting evidence in this regard s as t apprve the prject befre it is signed by the Chief Executive Officer f the Cllege. Examines supprting evidence and the pssibility f cncluding the cntract by mutual agreement, and makes recmmendatins t the Chief Executive Officer f the Cllege. Is invlved in the cntext f requests fr assistance frm businesses dissatisfied with a cntracting prcess. Makes recmmendatins t the Chief n fllwing up n a file as well as n any changes thught t be desirable in the cntract management prcess Dcuments r infrmatin t be prvided t the CRCM: Any persn in the rganizatin wh is infrmed f a situatin calling int questin the integrity f internal prcesses f cntract management must as sn as pssible cmmunicate the relevant infrmatin t the CRCM. Examples f situatins that demnstrate deficient internal prcedures include the fllwing: Dividing up needs fr the purpse f evading a call fr tenders; Failure t rtate businesses in a call fr tenders by invitatin; Unjustified cst verruns; Manipulating a selectin cmmittee; Infrmatin leaks. Specific related CRCM functins: Reprts any prblem encuntered t the Chief and suggests eventual imprvements t the cntract management prcess in frce in the Cllege. Depending n the seriusness f the situatin, the CRCM can cnsult and wrk with an ethics advisr, as apprpriate, and eventually initiate r prmte the reprting f any situatin that shuld be brught t the 2

4 attentin f Unite Permanente Anticrruptin (UPAC). Ensures that cntrl and fllwup mechanisms related t cmpliance with the regulatry framewrk are established by the Cllege as needed The CRCM is respnsible t ensure the quality f persnnel perfrming cntract management activities. Specific CRCM functins: Ensures that the chair f the selectin cmmittee has valid certificatin shwing that they have the requisite training and have participated in the required activities. Ensures a rtatin f the members f the selectin cmmittees. Ensures the inclusin f activities in the human resurces training and develpment plan that enable persnnel t update their knwledge, mainly by means f the cntinuing training ffered by the Treasury Bard Secretariat. With Human Resurces, establishes the list f checks t be perfrmed befre hiring new emplyees (required training, checking situatins that culd place the future emplyee in a cnflict f interest, etc) The CRCM versees the perfrmance f any functin that the Chief Executive Officer may require in ensuring cmpliance with cntract rules. Examples f situatins and dcuments likely t be submitted t the CRCM: Tenders with an unusually lw price; Reprts f unsatisfactry perfrmance; Cntract status reprts. Specific CRCM functins: Is infrmed f any majr gap (abve r belw) between the estimated amunt f the expenditure and the amunt in the tenders received. Establishes a review cmmittee prvided fr under Article IV.1 f the Law when an unusually lw price is bserved and, after analysis f the reprt, makes the recmmendatin t the Chief. This cmmittee is cmpsed f the CRCM and at least three members appinted by the Chief wh are nt directly invlved in the tendering prcess. Ensures that persnnel wrking in cntract management are sensitive t the integrity f public cntracts. Is cnsulted when an administratr plans t issue an evaluatin reprt f a business 3

5 whse perfrmance is cnsidered unsatisfactry. After analysis f the file, the CRCM submits recmmendatins t the stakehlders invlved and t the Chief Executive Officer f the Cllege. The CRCM can advise the Chief f any prblems encuntered and can make recmmendatins t him/her fr the purpse f applying the regulatry framewrk. Once per year, the CRCM shall receive frm each administrative service respnsible fr any type f cntract (supplies, services, r cnstructin wrk) a reprt (see appendix 1) n each cntract planned, nging, r recently cmpleted, prviding a prtrait indicating gaps in relatin t bligatins under the regulatry framewrk, if needed. This is mainly with regard t the fllwing: Cntent and/r deadlines fr publicatin n SEAO; Cntent and/r deadlines fr accuntability reprts t the President f the Treasury Bard r t the Chief Executive Officer f the Cllege; Cntent and/r the signature date f authrizatins by the Chief Executive Officer f the Cllege. The CRCM clsely examines the reprts submitted t him/her and, as needed, identifies imprvements t be made in the cntract management prcess, if any. ARTICLE 4 Rles and Respnsibilities The present plicy cnfirms the fllwing rles and respnsibilities: 4.1 Bard f Gvernrs The Bard f Gvernrs exercises its pwers and respnsibilities, pursuant t the Law. Bard f Gvernrs authrizatin is required fr all internal management and services cntracts f mre than three years, including all renewals. Authrizatin cannt be given fr any cntract f mre than five years, including all renewals. The Bard f Gvernrs apprves the present plicy and any amendments theref. 4.3 Directr General The Directr General as Chief shall be respnsible fr the verall management f the present plicy. 4.4 Cntract Rules Cmpliance Mnitr The present plicy describes the rles and respnsibilities f the CRCM in detail. This individual is appinted by 4

6 the Bard f Gvernrs accrding t the Law. 4.5 Directr f Building and Cmputer Services The Directr f Building and Cmputer Services is respnsible fr the applicatin f the present plicy. The Directr f Building and Cmputer Services is respnsible fr recmmending updates t the present plicy. 4.6 Directrs r Managers f Administrative Units Each directr r manager f an administrative service is respnsible t reprt any dcument, reprt r cntract fr the needs f the service t CRCM f the cllege s that the gals f the present plicy may be respected as efficiently as pssible. ARTICLE 5 Revisin The present plicy will be reviewed every five (5) years, and is revised when deemed necessary. The evaluatin criteria will include the fllwing: Cnfrmity in that the practical applicatin f the present plicy is in accrd with the written plicy. Clarity in that the plicy clearly delineates the rles and respnsibilities f thse invlved in cntract granting prcess. Cnfrmity in that the plicy is in accrd with all prvincial and ministerial bligatins. 5

7 GLOSSARY The Act: The Bard: The Chief Executive Officer: The Cllege: The CRCM: The Law: SEOA UPAC: General and Vcatinal Clleges Act (RSQ), C-29 June 1, the Bard f Gvernrs f Cégep Heritage Cllege. Directr General, Cégep Heritage Cllege. Cégep Heritage Cllege. Cntract Rules Cmpliance Mnitr. Li sur les cntrats des rganismes publics (RSQ), Chapitre C-65.1, June 1, Système électrnique d appel d ffres. Unité Permanente Anticrruptin. 1

8 Related Dcument(s) This dcument is t be used in cnjunctin with: Cégep Heritage Cllege Bylaw # 1 Cncerning the General Administratin f the Cllege. Cégep Heritage Cllege Bylaw # 8 Cncerning the Delegatin f Pwer Given By Virtue f the Law Respecting Cntracting By Public Bdies. Cégep Heritage Cllege Plicy # 2 Cncerning Signing Authrity. Cégep Heritage Cllege Plicy # 3 Cncerning Persnnel Management. Cégep Heritage Cllege Plicy # 29 Cncerning Facilities Use and Rental. Cégep Heritage Cllege Plicy # 38 Cncerning Envirnmental Management. Cégep Heritage Cllege Prcedure # 9 Cncerning Safety-Dispsal/Recycling f Hazardus Waste. Cégep Heritage Cllege Prcedure # 10 Cncerning Safety-Dispsal f Sharp Items Needles. Cégep Heritage Cllege Prcedure # 19 Cncerning Selectin f Financial Institutin. Cégep Heritage Cllege Prcedure # 27 Cncerning Purchasing. Cégep Heritage Cllege Prcedure # 38 Cncerning Envirnmental Management. General and Vcatinal Clleges Act (RSQ), C-29, June 1, Li sur les cntrats des rganismes publics (RSQ), Chapitre C-65.1, June 1,

9 Annex #P42.1 État de Situatin en date du ( ) 3