The Regional Municipality of Durham has denied a charge by the Ontario Road Builders’ Association (ORBA), that its latest road tender may be violating its own procurement bylaw by sole-sourcing a key material from just two out-of-province refineries without public justification.
“RFT 2025-12 complies with the region’s Purchasing By-Law. It was not a sole source. The technical specification you reference ensures that the asphalt cement is produced exclusively from Alberta crude oil, allowing us to verify its origin and maintain consistency in material quality,” said a region statement issued in response of a Durham Post inquiry.
“By specifying Canadian-sourced materials, we are adhering to Durham Region Council’s directive to reduce reliance on U.S. inputs for public infrastructure projects,” the statement said.
ORBA has filed a complaint and has asked the region to suspend the process and investigate as, it says, this setup:
- Restricts competition in a taxpayer-funded contract
- Conflicts with Durham’s own procurement bylaw (By-law 16-2020)
- May increase project costs and raises fairness concerns
ORBA says a clause in Tender D2025-12., restricts contractors to asphalt cement from Imperial Oil (Alberta) and Suncor (Quebec), sidelining qualified Ontario suppliers.
It claims that the impact of the tender could mean:
- Local taxpayers may foot a higher bill due to reduced competition, and
- The case could set a dangerous precedent for public procurement practices across Ontario.
ORBA is calling for immediate transparency and fairness in municipal tendering.
The Complaint Letter
The region’s bid submission deadline was July 18. On July 16 and 18, ORBA sent letters via email to the Regional Municipality of Durham, urgently requesting confirmation that it will suspend the procurement process, investigate the issue of cement supplier favourtism and respond to ORBA concerns.
“We are deeply concerned about a disturbing and inappropriate show of favouritism, explicit in the standardized draft contract terms in the RFT… In an unprecedented action, the region has specified exclusive suppliers of performance grade asphalt cement, required to be supplied to any bidder,” said the ORBA letter.
“The agreement has no language explaining the rationale for such exclusivity. It is unfair. As you know, there are a variety of prominent, qualified, verified suppliers, including in Ontario, who could meet the technical specifications required for PG 58-34 asphalt cement,” the letter pointed out.
It charged that the tender violates section 2.1 of By-law 16-2020, By-Law to Govern the Procedures for Open, Fair and Transparent Procurement for the region.
The Durham Region By-Law
The Fair Procurement By-law, said ORBA, states: The Regional Municipality of Durham shall acquire its goods, services and works without favouritism through the application of the highest standards of business ethics and ensure best value for the region.
“Further, framing a limited tendering of cement suppliers as a technical specification to bidders is, on its face, an attempt to circumvent the justification and transparency requirements set out for limited tendering in sections 7.2 and 7.3 of the Fair Procurement By-law. If there has been any such process, it is not publicly disclosed and does not meet the transparency standards required for an informed public understanding,” ORBA alleged.
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