Supplier Performance Evaluation Protocol

• Drafted: June 10, 2024
• Effective Date: January 1, 2026
• Last Revision Date: January 2026

1. Purpose and Interpretation

The purpose of this protocol is to establish a performance evaluation process in order to evaluate Supplier performance in a transparent and consistent manner.

Supplier performance is critical to the success of Procurement projects. Poor workmanship, unnecessary Contract delays, and unsafe work practices will not be tolerated.

Defined terms used in this protocol have the meaning assigned in the Schedule 1 - Glossary of Terms.

2. Performance Evaluation

Project Lead’s are to use one of the following Supplier Evaluation Forms, as amended or updated:

1. Supplier Performance Evaluation Form – Goods
2. Supplier Performance Evaluation Form – Services
3. Supplier Performance Evaluation Form – Contractor
4. Supplier Performance Evaluation Form - Consultant

2.1 Interim Evaluation

The Project Lead will formally evaluate the Supplier’s performance and complete the Interim Performance Evaluation Report prior to the renewal or extension of the Contract, if applicable, and may formally evaluate the Supplier’s performance and complete an Interim Performance Evaluation Report at any time during the term of the Contract, as determined by the Project Lead, taking into account the nature, complexity, value, and length of the Contract. In the case of multi-year Contracts, an Interim Performance Evaluation Report should be completed on an annual basis, at a minimum.

2.2 Final Evaluation

The Project Lead will formally evaluate the Supplier’s performance and complete the Final Performance Evaluation Report upon completion, expiration, or termination of the Contract.

3. Incident Reports

Specific incidents of poor performance, in particular any incidents related to health and safety matters, should be recorded at the time of occurrence or discovery. The Incident Report may be used for this purpose. Email correspondence and notes to file (whether in physical or digital format) may also be used to record details of performance issues and incidents. A copy of the incident report should be provided to the Supplier and, where possible, the Supplier’s acknowledgement of the incident should be obtained.

4. Interim Performance Evaluation Report

4.1 Notification of Supplier

The Supplier will be notified of its overall performance rating and provided a copy of the completed Interim Performance Evaluation Report via an email through the online bidding system.

4.2 Performance Issues

If the Supplier receives a “Below Standard” rating (less than 60%) on any of the rated criteria in the Interim Performance Evaluation Report, the Project Lead will contact the Supplier to clearly identify and discuss the performance issues, determine the corrective action that will be taken to rectify and avoid recurrence of the performance issues.

Following the discussion, the Project Lead will confirm the details and outcome of the conversation in writing to the Supplier.

The Project Lead will inform the Project Lead’s Manager of the performance issues. If the performance issues are not rectified or there is a recurrence of the performance issues, the Project Lead will consult with both the Project Lead’s Manager and their General Manager, Purchasing Services, and Legal Services if applicable to determine next steps.

5. Final Performance Evaluation Report

5.1 Performance Issues

If the Supplier receives a “Below Standard” rating on the Final Performance Evaluation Report, they have the ability to appeal.

Appeals must be submitted by the Supplier via bids&tenders within eight (8) calendar days of receiving the Final Performance Evaluation Report.

The final appeal decision will be made by the General Manager of Corporate Services after reviewing all documentation and meeting with the parties involved (if requested).

The Manager of Purchasing will notify the Supplier of the decision by email.

This decision made by the General Manager of Corporate services is final.

5.2 Recommendation Based on Performance

Based on the final rating of the criteria in the Final Performance Evaluation Report, the Project Lead will make a recommendation to either:

1. allow the Supplier to continue participating in future Procurement processes; or
2. suspend the Supplier from participating in future Procurement processes for a period of up to five (5) years in accordance with the Supplier Suspension Protocol.

5.3 Recommendation for Continued Participation

If the evaluation results in a recommendation to allow the Supplier to continue participating in Procurement processes, the Supplier will be notified of its final rating and the resulting recommendation and will be provided a copy of the completed Final Performance Evaluation Report.

5.4 Recommendation to Suspend

If the evaluation results in a recommendation to suspend the Supplier from participating in future Procurement processes, the process shall be followed in accordance with the Supplier Suspension Protocol.

6. Retention of Evaluation Reports

Purchasing Services will retain all Interim and Final Performance Evaluation Reports.

7. Disclosure of Results to Others

The results of any performance evaluation processes are intended to be disclosed internally across Divisions and may be disclosed to other government bodies upon request and to any entity for which it can be demonstrated that the Supplier has listed the County as a reference.

8. Consideration of Performance in Evaluation of Bids

The County may consider past performance evaluation results in the evaluation of future Bids from the Supplier, whether or not the past performance resulted in suspension in accordance with the Supplier Suspension Protocol, and the County may exclude a Supplier based on significant or persistent deficiencies in past performance.

SCHEDULE 1 - GLOSSARY OF TERMS

“Bid” means a submission in response to a Solicitation Document, and includes proposals, quotations, or responses.

“Bidder” means a Supplier that submits a Bid and includes proponents and respondents.

“Conflict of Interest” means:

1. when applied to the activities of the County and its consultants and service providers: (i) a conflict between one’s private interests and one’s public, fiduciary, or contractual duties in relation to any procurement activity; or (ii) engaging in any conduct that may give another party an unfair advantage in a procurement process; or
2. in relation to a bidding process, a Bidder has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including, but not limited to: (i) having, or having access to, confidential information of the County in the preparation of its Bid that is not available to other Bidders; (ii) having been involved in the development of the Solicitation Document, including having provided advice or assistance in the development of the Solicitation Document; (iii) receiving advice or assistance in the preparation of its response from any individual or entity that was involved in the development of the Solicitation Document; (iv) communicating with any person with a view to influencing preferred treatment in the bidding process (including, but not limited to, the lobbying of decision-makers involved in the bidding process); or (v) engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive bidding process or render that process non-competitive or unfair; or
3. in relation to the performance of its contractual obligations, a Supplier’s other commitments, relationships, or financial interests: (i) could, or could be seen to, exercise an improper influence over the objective, unbiased, and impartial exercise of its independent judgement; or (ii) could, or could be seen to, compromise, impair, or be incompatible with the effective performance of its contractual obligations.

“Contract” means a commitment by the County for the Procurement of Deliverables from a Supplier, which may be evidenced by an agreement executed by the Supplier and the County, or a Purchase Order issued by the County to the Supplier.

“County” means the Corporation of Norfolk County.

“Deliverables” means any goods, services, or construction, or combination thereof.

“Division” means the branch, department, division, or unit of the County that is requisitioning the purchase of the Deliverables.

“General Manager” means an individual officer or employee who is responsible for a specific Department.

“Legal Services” means the County’s legal advisors.

“Manager of Purchasing Services” means the individual officer or employee who is responsible for Purchasing Services.

“Performance Evaluation Report” means a report evaluating a Supplier’s performance in accordance with the Supplier Performance Evaluation Protocol.

“Procurement” means the acquisition of Deliverables by purchase, rental, or lease.

“Project Lead” means an employee assigned to the management of a Contract.

“Project Lead Manager” means an individual officer or employee who is responsible for a specific Division.

“Purchasing Services” means the branch, department, division, or unit responsible for purchasing Deliverables for the County.

“Solicitation Document” means the document issued by the County to solicit Bids from Bidders.

“Supplier” means a person carrying on the business of providing Deliverables.