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Ombudsman to Minto: consider limits to sole-sourced contracts

Provincial Ombudsman J. Paul Dubé is encouraging the town to limit the number of sole-sourced contracts awarded to specific vendors after receiving a complaint
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Town of Minto sign near Harriston. Keegan Kozolanka/GuelphToday file photo

MINTO – Ontario’s Ombudsman is encouraging the Town of Minto to limit the number of sole-sourced contracts awarded to specific vendors after concerns were raised over its purchasing bylaw. 

A letter of correspondence from provincial Ombudsman J. Paul Dubé as part of Minto’s Tuesday afternoon council meeting agenda offers some advice on best practices regarding the town’s purchasing and complaint policies.

The Ontario Ombudsman is an independent body who investigates and resolves complaints about the government and public sector.

Dubé wrote his office received a complaint related to the Town of Minto’s procurement practices for sole-sourced contracts and raised concerns over the town’s process for responding to complaints from members of the public. 

“The individual who came to my office raised concerns that the town’s purchasing bylaw does not prohibit awarding sole-sourced contracts to family members of town personnel or a specific vendor on a regular basis,” Dubé stated in the letter.

As it is now, Minto’s purchasing bylaw permits sole-sourced contracts where the value of the goods and services is under $10,000 and prohibits awarding them to any town employee or member of council  where it would be considered a violation of: the code of conduct, policies regarding financial accountability and transparency, conflict of interest legislation and other similar rules in place to ensure fair procurement policies.

The prohibition does not extend to family members of town employees or council members.

Dubé said the town had initiated its own review of this after getting a complaint about multiple sole-sourced contracts being awarded to a single vendor, which resulted in recommendations including prohibiting getting goods and services from associates or family members of town employees or council members. These recommendations are expected to come to council in late 2023 or early 2024. 

Dubé recommended the town consider limiting the number of sole-sourced contracts awarded to specific vendors.

“Currently, the purchasing bylaw does not include a limit, which may result in a disproportionate number of contracts awarded to one vendor,” the Ombudsman wrote. “While there is a $10,000 threshold for single projects that are sole sourced, this may be far exceeded if the same vendor is awarded back-to-back contracts.”

Dubé also encouraged the town to update its code of conduct complaint process and website with clear information on how to make a complaint directly to the appointed integrity commissioner.

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