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HomeMy WebLinkAboutCOD-004-20Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: March 23, 2020 Report Number: COD-004-20 Submitted By: Marie Marano, Director of Corporate Services Reviewed By: File Number: Andrew C. Allison, CAO Resolution#: C-136-20 By-law Number: Report Subject: Disclosure and Access to Confidential Tender or RFP Details Recommendations: 1. That Report COD-004-20 be received; 2. That confidential Attachment #1 to Report COD-004-20 be received; and 3. That if Committee or Council deems that disclosure of confidential third -party information is required to enable an informed decision to be made, that staff be directed to: a. provide the information verbally in a closed GGC meeting if the information is available; or b. circulate the information confidentially in advance of the next scheduled Committee or Council meeting, as appropriate. Municipality of Clarington Report COD-004-20 Page 2 Report Overview To provide information to Council regarding disclosure of confidential information related to a Tender or RFP submission. 1. Report COD-002-20 Plumbing Services 1.1 At the GGC meeting of March 9, 2020, Committee Members had questions related to unit pricing submitted in confidence by a third party in response to the tender call for plumbing services. 1.2 Staff responded at the meeting to identify the limits of disclosure that are specified by the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and the Purchasing By-law Section 89 which also links disclosure to MFIPPA. 1.3 Staff were requested to provide Council information pertaining to the changes that have been made with respect to this Plumbing Services contract award detailed in Report COD-002-20, and to provide Council with the bid pricing if permitted. Staff were also to confirm what confidential information may reasonably be released upon request, to allow Council Members to make an informed decision in approving award contracts. 2. MFIPPA Criteria 2.1 Staff reviewed the implications and risk to the Municipality for disclosure of information that has been submitted confidentially by a third party to the care and custody of the Purchasing Manager. MFIPPA criteria were considered in guiding Staff's recommendation to provide the confidential information that Council requires to do their job and to be able to make an informed decision, in a timely manner. 2.2 Staff is suggesting that it is a reasonable request from Council, where they deem that access to the unit pricing (ie. Confidential third -party information) would be necessary in making an informed decision, that Staff provide the details verbally in a closed meeting, if it is on hand, or that it be provided in a confidential circulation in advance of the following Committee or Council meeting as appropriate. 3. Plumbing Services COD-002-20 Confidential Information 3.1 The information in confidential Attachment #1 is provided to assist in Council's decision to award the tender to the low bidder. Additional information is also included which indicates that there are items in the current tender that did not form part of the past award. It also notes there is a difference in servicing requirements and certifications for commercial/industrial buildings versus residential equipment. Labour rates would also reflect overhead costs that would not necessarily be included in small business prices. Municipality of Clarington Page 3 Report COD-004-20 3.2 The tender process provides for open competition within the market to provide the competitive prices to be submitted by interested vendors. The price comparison to the other bidder would suggest that the bid was not considered an unbalanced (outside of market reasonableness) bid. As noted in the GGC meeting, prices can vary depending on the time of tender placement, individual company workload and capacity to take on additional projects. 4. Concurrence This report has been reviewed by the Municipal Solicitor, Municipal Clerk, and the Director of Finance, as well as the Purchasing Manager, who concur with the recommendations. 5. Conclusion It is respectfully recommended that the recommendations in this report be approved. Staff Contact: Marie Marano, Director of Corporate Services, m marano(a--)clarington. net, 905- 623-3379 ext.2202 Attachments: Attachment 1 — Plumbing Services CL2020-1 Details (Distributed Under Separate Cover) Interested Parties: There are no interested parties to be notified of Council's decision.