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Toronto City Council · 2019-03-27 · 2019.CC5.3

The filed record

Report on an Inquiry for Prohibited Communications during a Procurement Process

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The decision

2019-03-27 · Toronto City Council · adopted

As filed

City Council on March 27 and 28, 2019, adopted the following: 1. City Council receive the report (March 19, 2019) from the Lobbyist Registrar for information.

On the agenda

As the city filed it

Lobbyists are required to register and report communications with public office holders about the procurement of goods, services or construction and awarding of a contract according to Chapter 140 of the Toronto Municipal Code, Lobbying (the "Lobbying By‑law"). However, the Lobbying By-law restricts communications during an active procurement to only those permitted by the Toronto Municipal Code Chapter 195, Purchasing (the "Purchasing By-law"), applicable procurement policies and procurement documents (solicitations).

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From the time the solicitation is issued, through to the time of the formal acceptance of a bid, and the resulting signed written contract between the City and the successful supplier (the "Blackout Period"), communications regarding the procurement are restricted to the Chief Purchasing Official or the employee specifically designated for that purpose in the solicitation (the "City Contact"). Communications with any public office holder, other than the City Contact during the Blackout Period, are contraventions of the Lobbying By-law. Any communications raising a dispute with the procurement process made during the Blackout Period must be made in accordance with Article 10 of the Purchasing By-law. Any communications not made in accordance with this Article are also contraventions of the Lobbying By-law. Compliance with the Lobbying By-law, and all relevant procurement rules is required to preserve both lobbying transparency and the integrity of the City's procurement processes.

Staff recommended

The Lobbyist Registrar recommends that: 1. City Council receive this report for information.

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