Wednesday, September 5, 2012

Wow the difference a week makes? Legal action in the Crowsnest Pass

Recently there was an article in the Pass Herald about Chinook Pipelines taken legal action against the municipality I was shocked when I got called and approached by a number of residents asking me what we did to upset this company back in 2009.
I did not know how to answer people it was news to me thankfully the Pass Promoter came out today with a   story that clarifies what is going on.


Anonymous said...

Is the municipality legally required to accept the lowest bid? Sometimes there are other pertinent factors.

Anonymous said...

I thought those were sealed bids. After they are opened, do they become public knowledge? I thought that was not the case.And if I am right than who leaked it to Chinook.Maybe it was that Robbins guy who may be getting sued by the CNP.
Not knowing all of the facts and just going off of the Promoter story it sure sounds like the CNP went way out of there way to make sure that 1 certain contractor got the job.And if this is true, the big question has to be WHY?

John Prince said...

Anon @11:18
Corruption within the government ranks, or favouritism? Either way, no way to run a municipality, now is it?

This sort of thing always comes back to bite you in the ass, look at Charest in Quebec.


Anonymous said...

Yes, I think Kevin Robins wrecked havoc for the few months that he was here. That is the problem with consultants; they are here and do their damage, then they are done. I have never seen a situation where a consultant improved anything.

Anonymous said...

Municipality can create the tender however they want, so lowest bid doesn't always win....but they have to have justification for not taking the lowest (using evaluation criteria) and Chinook is claiming that they didn't.

With gov't tenders, win or lose, all bidders will generally get a break down of everyone's prices after the contract is awarded. At least in my experience.

I'm assuming that AIC is the contractor that CNP really wanted to win??

Anonymous said...

Ok,But why would the municapality create a tender that only 1 company can win.These companies were all bidding on a relatively small infastructure project, why not have a competitive tender.This really stinks and I have a bad feeling that we will lose this case.

Anonymous said...

Frequently Asked Questions for Municipalities [PDF]

63. Can a municipality disclose bidders lists/lists of plan holders for municipal
projects to contractors, construction companies, agencies or other persons
on request?
•Yes. A list of bidders for a municipal project should be routinely available on
request as part of an open tendering process. A FOIP request for this
information is not required.

64. If a municipality receives a FOIP request for copies of contracts with
consultants, engineers or other contractors, would the municipality
release the records?
• Not entirely. Copies of contracts can be disclosed after they have been awarded,
on the premise that the public has the right to know who has been engaged to
do work for the municipality and how much is being paid for the work.
• However ...
(some exceptions).

This could get interesting if the plaintiff is taking testimony under oath to find out who is responsible for inserting the "language ... clearly calculated to exclude any bid ..." in the 2012 tender package.

And, BTW, I don't think a tender is actually required. They could have just handed the contract to their pals like they did with the TS contracts. Avoiding this lawsuit.