Dear Members,

We are alerting you to a significant concern in the Region of Durham’s recently issued Request for Tender D2025-12, which may impact your ability to bid competitively and fairly.

Project requirement Overview:

Durham Region’s tender includes Schedule “A” contract specifications that mandate the use of specific asphalt cement (AC) suppliers for performance grade PG 58-34. This requirement, embedded without a transparent rationale, effectively sole-sources a critical project input, restricting general contractor discretion and potentially undermining the competitive bidding process.

Key Issues Identified by ORBA:

• Exclusivity of AC Suppliers: The RFT restricts supply of performance grade asphalt cement to a pre-determined list of suppliers, despite the existence of other qualified and verified suppliers in Ontario.
• Violation of Durham’s Own Procurement By-law: This practice appears to contravene Section 2.1 of Durham’s By-law 16-2020, which mandates open, fair, and non-favouritist procurement.
• Lack of Transparency: No public justification has been provided under Sections 7.2 or 7.3 of the by-law, which govern limited tendering practices.

ORBA has formally requested that the Region of Durham suspend the procurement process and investigate the potential supplier favouritism. We are seeking a response from the Region by end of day July 17, 2025, given the bid deadline of July 18, 2025.

Next Steps for Members:

• Review RFT D2025-12 carefully if you intend to bid.
• Be aware of the constraints placed on AC sourcing.
• Contact ORBA if you have experienced similar procurement issues or would like to contribute feedback.
  
  

We will continue to advocate for fair, transparent and competitive procurement practices that uphold the integrity of Ontario’s road-building sector.

Steven Crombie
Senior Director, Public Affairs
steven@orba.org
Ontario Road Builders’ Association