Contrary to what initially appeared to be a simple investigation following allegations of favouritism with respect to a call for tenders, the findings of the present investigation unfortunately uncovered a paramunicipal organization that awarded a large-scale mandate to a project manager and, in so doing, either ignored or poorly applied the rules for awarding contracts in the municipal world.
This report will reveal that this project manager imposed requirements that are unusual in the municipal environment, hampering free competition, equal opportunity and the ability to obtain the best product for the best price.
This report will also reveal that, in addition to the deplorable effects they have had, these requirements also constituted major irregularities that tainted the validity of several contracts already completed or in progress.
This report will highlight the fact that certain recommendations made by the auditor general of Ville de Montréal concerning the processes for awarding contracts, specifically recommendations concerning the importance of preparing an estimate before awarding contracts, were at best ignored, which prevented an evaluation of their profitability, in addition to casting doubt on the validity of the contracts awarded.
Over the past two (2) years, four (4) professional services contracts were awarded by the paramunicipal organization to the project manager by mutual agreement. These contracts were all awarded in violation of the rules of law.
This report will also show that there were major irregularities in the contract awarding process for eight (8) other contracts examined. Moreover, the facts concerning at least one call for tenders could objectively lead to the conclusion that it was directed.
There may be a temptation to claim that the rules established by the legislator had an impact on the quality of the professional services provided. This point of view cannot in any manner justify the requirement of criteria that satisfy this vision and bypass the legislator’s objectives, namely obtaining the best quality-price ratio for taxpayers.