Wellington North councillor Andy Lennox wants council to review its tendering procedure.
“I think maybe we need to revisit our policy and update it,” Lennox told council at its meeting on April 22.
The comment came after treasurer Mike Givens, in an unusual move, presented council with a report on the tendering procedure used in the planned reconstruction of Waterloo Street in Mount Forest.
Givens informed council that he had requested changes to the tendering procedure, which he said could put the township in a liability situation.
The issue surrounds the tendering of a $1.2-million project that includes the removal and replacement of existing water, sewer and storm sewer infrastructure on Waterloo Street, between Cork and Dublin streets.
Replacement of services will also require the full reconstruction of the street, with paving and curbs.
“BM Ross, who is handling the tender process on behalf of the township, issued the tenders for the Waterloo street project through invitations to bid, which to my understanding meant only firms who were invited would be allowed the submit bids,” Givens wrote in his report to council.
“The tender was not publicly advertised. The list of firms has historically been relied on by BM Ross and was provided to them by township staff prior to previous projects.
“It do not believe for a project of this nature and magnitude the township purchasing policy or purchasing law … in general supports this practice,” Givens said.
“I understand that some firms who were not on the list may have expressed interest in the project.
“I contacted the manager of purchasing at the County of Wellington to discuss the situation.
“He suggested, and I agreed, that in order to avoid potential litigation the township should issue an addendum to the tender, extending the closing date by at least two weeks, advertise the tender publicly and hold an additional mandatory bidders meeting so that all potential firms have an opportunity to bid.”
Givens continued, “I recognize that these steps may result in bids from firms that the township is not familiar with and increase the time needed for the tender process, but the township purchasing policy calls for ‘fair, impartial, open, transparent and accountable purchasing and tendering procedures.’
“The broader public sector procurement directives states, ‘organizations must conduct an open competitive procurement process where the estimated value of procurement of goods and services is $100,000 or more.’”
It’s expected the tendering process will be completed by May 9, Givens told council on Monday evening.
“I may have overstepped my authority and that’s the reason I felt a report to council was necessary,” Givens told the Advertiser.
“My decision may not prove to be popular with everyone, but when I became aware of the scenario that was playing out, I felt it was necessary to act.”
Mayor Ray Tout credited the treasurer for the tendering change to avoid a potential legal conflict.
