News and FAQs

City of Brampton statement on Southwest Quadrant trial

Update: January 11, 2019

​The following statement from the City of Brampton is in response to the decision of Justice Sproat delivered today regarding Inzola Group Limited’s claim against the City:

 

“The City of Brampton is pleased with Justice Sproat’s decision, ruling in favour of the City in the procurement process for the construction of the Southwest Quadrant.  Justice Sproat found the City not to be liable and dismissed the action against the City.

 
The City’s procurement process and the conduct of the RFP were upheld and found to have been undertaken fairly and in good faith.  The City is committed to the integrity of its procurement process, one that satisfies the City’s economic and functional interest and is open and transparent to bidders. The City is looking forward to moving ahead with further plans for downtown Brampton.”
 

FAQs

What was the outcome of the trial?
The City of Brampton is pleased with Justice Sproat’s decision, ruling in favour of the City in the procurement process for the construction of the Southwest Quadrant.  Justice Sproat found the City not to be liable and dismissed the action against the City.

The City’s procurement process and the conduct of the RFP were upheld and found to have been undertaken fairly and in good faith.  The City is committed to the integrity of its procurement process, one that satisfies the City’s economic and functional interest and is open and transparent to bidders. The City is looking forward to moving ahead with further plans for downtown Brampton.
 
Why was there a trial?
The City of Brampton was sued by Inzola Group Limited for damages pertaining to Inzola being disqualified from a tender process for construction, finance and maintenance of a City facility.
As the City rejects any liability for Inzola’s claim, the matter has been set down for trial in the Ontario Superior Court.

What is the Competitive Dialogue process that was used to conduct the SWQ RFP?
Competitive Dialogue is a procurement process whereby each respondent engages in discussions with the City to improve and refine their initial proposal based on information and feedback provided by the City. It is well-suited to circumstances where there are a range of possible solutions to meet the City's needs.
 
The process was designed by a leading procurement expert in the province with the intention that it would be a fair process and would lead to the best building outcome for the City and its citizens.
 
Why did the City use a Competitive Dialogue procurement process?
When Council voted to proceed with the SWQ RFP in June 2009, they directed staff to solicit responses from the private sector that harness creativity and financial resources; minimize impacts on taxpayers; and satisfy the City’s economic and functional requirements. 
 
Competitive dialogue was used for the SWQ RFP because it enabled both the City and potential respondents to have a series of structured discussions to finalize the solution that offered the best value to the City and its taxpayers. 
 
Why was the Inzola submission disqualified?
The Inzola submission was disqualified for failure to comply with the requirements of the RFP issued by the City. These included, in part, correspondence with, and attempts to delegate at, Brampton City Council. These actions were contrary to the rules of the RFP.
 
How much did the SWQ project cost the City?
Costs to build the SWQ project were paid by the company that built it – Dominus Construction. The City is leasing the building at a fixed-lease rate of $8.2 million a year for 25 years, after which the City will own the building.