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Yukon companies question government contract with N.W.T. firm

Taylor Architecture Group of Yellowknife was hired to oversee construction of the new Francophone high school in Whitehorse through a standing offer agreement not a competitive bidding process.

Taylor Architecture Group of Yellowknife awarded $904K contract to oversee construction of Whitehorse school

Design plans for a new Francophone high school in Whitehorse. A Yellowknife firm has been hired by the Yukon government to oversee the design and construction of the building. (Claudiane Samson / Radio-Canada)

Some Yukon contractors are asking why the territorialgovernment awarded a contract worth nearly a million dollars to an N.W.T. companyin a non-competitive process.

The contract is for services related to construction of the newFrancophone high school and community centre in Whitehorse specifically, to act as the "owner's representative," to oversee the design and construction of the building.

The contract for those services had originally been awarded through a public competitive bidto Kobayashi and Zedda Architects (KZA) of Whitehorse. The firmhad bid a price of $198,606 for the work.

KZAco-owner Tony Zeddatold CBCNews that the government then changed the scope of work,promptingKZA and the government tonegotiatea new price. However, Zeddasays both parties ultimately agreed to end the contract.

Then in April,the Yukon government hired Taylor Architecture Group of Yellowknife to do the work for$904,086 through a standing offer agreement not a competitive bidding process.

'When we heard all of this information, we were a bit shocked,' said Tony Zedda of Kobayashi and Zedda Architects in Whitehorse. (CBC)

"Not sure what happened there. I hadthought that the limit for sole-sourcingunder a standing offer agreement was in the range of $250,000," Zedda said.

"So when we heard all of this information, we were a bit shocked by, a.)the amount, and b.) by the process by which that consultant was retained."

Zedda also wonders why the work went to anN.W.T. companyinstead of a Yukon firm.

"I'm not sure who thought that there weren't capable local design firms and engineering firms that probably would have loved to have the opportunity to bid on that work as well," he said.

Complaint to Contractors' Association

The Yukon Contractors' Association of which KZA is not a member says it received a complaint from a member of the association. The complaint was about the contract and the fact that it was sole-sourced to a non-Yukon firm.

"Within the past few weeks, we did get a complaint and we have had a meeting with the government," said YCA president TerrySherman.

He says Yukon Chamber of Commerce presidentPeter Turneralso attended that meeting, and that another is planned.

Construction of the school is scheduled to begin next spring, with an anticipated completion date of November2020. The Yukon government has allotted $20 millionfor the project, with another $7 million expected from the federal government.

In an interview with CBC, a spokesperson for Yukon's Department of Public Works,Doris Wurfbaum, could not answer questions about the scope of the contract given to Taylor Architecture Group, nor could she say who signed off on the standing offer agreement.

Wurfbaum could also not explain why thecontract was substantially higher than the initial $198,000 contract awarded to KZA, but she said the work was sole-sourced so that there wouldn't be any delays in the project.

'A good business decision'

Wurfbaum also said choosing a non-Yukon firmwas a decision that will actually help Yukon companies.

"Choosing a Yukon company would have put that company not in a position to be able to bid on the bigger construction project," she said, referring to the design/build contract that is currently out for public tender and closes next month.

When asked why contractors couldn't decide for themselves what to bid on, Wurfbaum replied that "this was a good business decision."

"It's good for the contracting community, it's good for us, it's good for KZA, and it's good for TAG [Taylor Architecture Group]," she said.

During the 2016 election campaign, Premier Sandy Silver promised that a Liberal government would ensure Yukon companies received preferential treatment when it came to government contracts for capital projects, goods and services.

His mandate letter to Public Works Minister Richard Mostyn directedthe ministerto "increase the ability of local businesses and First Nations to secure government tenders."