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Richard Mostyn

‘The department made a mistake’: Mostyn

The territorial government is cancelling the awarding of a contract related to the new French-language high school to a Northwest Territories firm.

By Palak Mangat on September 24, 2018

The territorial government is cancelling the awarding of a contract related to the new French-language high school to a Northwest Territories firm.

The government said Friday it will instead opt to hire a Yukon company after efforts to make the bidding process more competitive.

That’s according to Highways and Public Works (HPW) Minister Richard Mostyn.

Work is underway at the department to put together a request for proposals (RFP) that will allow contractors “several weeks to prepare bids,” he told the Star Friday afternoon.

“After investigating this decision, I’ve decided to end the contract with TAG,” he said after YG initially agreed to fork over $904,086 to Yellowknife-based Taylor Architecture Group (TAG).

He added that issuing the offer to “an Outside firm for $900,000 worth of work does not align with this government’s commitment and goals.”

The contract would have seen TAG act as the owner’s representative.

“We will invite local firms to submit proposals, to get that competitive process which gets us the best price - but restrict it to local firms,” the minister added.

According to department spokesperson Doris Wurfbaum, of the more than $900,000 contract: about $172,000 was paid to TAG for work completed for phase one with an additional $23,000 for phase two.

That means there will now be about $708,000 worth of work that returns to tender for phase three of the project for construction, administration and the compliance team.

The cancellation comes after the Yukon Chamber of Commerce and some local firms spoke out against the contract, saying it was caught off-guard and concerned with keeping business as local as possible.

“We’re trying to keep more money in the local economy,” Mostyn said, acknowledging that the contract had raised eyebrows among local firms and others.

“We’re listening to the business community on this file.”

It’s also after contractors told the government that they wanted an opportunity to do the work but weren’t afforded that opportunity in as competitive as a bidding process as he’d have liked, Mostyn added.

Wurfbaum noted that the firm Kobayashi and Zedda Architects (KZA) had originally won the contract, but the cost ballooned to more than $700,000 because of a number of changes in the project.

The government and KZA were unable to negotiate, eventually ending the contract – but the newer contract with TAG did include some items that were not in the agreement with KZA.

Among them, Wurfbaum added, were assisting in the awarding of the larger design and build contract for the entire school, provide in-depth reviews and recommendations of the design and build submissions, and once-a-month site inspection reports of the site.

Meanwhile, Mostyn’s statements Friday come on the heels of the government initially defending the decision. Earlier this month, the department explained that the contract had been awarded to an Outside firm in efforts to allow local firms to hold out for the bigger and better construction works.

That was Scott Milton, HPW’s acting assistant deputy minister, who assured that the process had been competitive – with TAG being a qualified body on a list of about 35 firms for the government to choose from.

Some of the parties on that list were local businesses, he said, noting then that it is updated every couple of years.

Milton explained that the awarding of the contract was not through a sole-source option, instead a competitive standing offer agreement (SOAs).

He added that there was no cap on how much can be spent when it comes to SOAs, which is in part what raised eyebrows as documents suggested there is a $250,000 limit.

After Milton, Wurfbaum had briefly told the Star that the limit is used as a “guideline” for both SOAs and sole-sourced contracts.

Once that limit is exceeded, officials are to notify their deputy minister, who must sign off on it, the communications and public relations analyst added.

Wurfbaum also confirmed that approval was received by the deputy authority (Jaime Pitfield), which did reflect Milton’s statements to the Star.

However, on Friday, Mostyn offered some clarification, saying there is indeed that limit on SOAs – but was unable to say why there had been that miscommunication from the department to the media.

“The department made a mistake.

“I don’t know why the mistake was made, but they made a mistake – so we’re correcting that mistake.”

The minister shied away from saying the initial process was not competitive at all.

Instead, he opted to say that “it should have gone through a more competitive bidding process.”

Mostyn, also the minister responsible for the Public Service Commission, did not speak about the possibility of any human resource changes within the department as a result of the mistake – instead likening the situation to a learning experience.

“I am not one for being punitive; I want people to recognize their mistakes and learn from them.

“Nobody’s infallible,” the minister sighed, adding that the department has been working to improve procurement “and it’s very important to keep that front and centre.”

The minister added he is confident the cancellation and awarding of the work will not push forward the ultimate timeline connected to the project.

“We’re optimistic we can get kids into the school at the same time we were planning to get them through.”

According to documents shown on the government’s tender management system, the French-language school is to reach substantial performance by about mid-September of 2020.

During that year, there will be a number of other projects in the area, including track and field upgrades at F.H. Collins Secondary School and a new weight room and outdoor learning area.

Documents noted that a Lewes Boulevard bus drop-off area, a footpath and other parking areas will also be underway.

The site will include space for 150 students and 25 staff. That will bring the list of schools in the city’s Riverdale neighbourhood to a total of six.

It already houses Selkirk Elementary School, Grey Mountain Primary School, F.H. Collins, Vanier Catholic Secondary School and Christ the King Elementary School.

According to the online system, firms within the Yukon are listed as interested parties for the tender, as are companies from N.W.T, Saskatchewan, Alberta and Ontario. American companies from Washington and Colorado are also mentioned.

Meanwhile, Wurfbaum added that the tender for the $708,000 or so worth of work has not been issued yet, but the department expects it to be released “very soon.”

Comments (30)

Up 1 Down 0

Brenda on Oct 1, 2018 at 4:59 am

This should be the campaign slogan for the Liberals next time they run "I am sorry we made a mistake and got caught". Isn't this the same Minister that "invited" people to come forward to the Privacy Information and Wrong Doing people and said "you will not be fired". Mistakes happen...... but between Minister Frost and Mostyn they have made some very big mistakes and when they couldn't cover them up, they lie and then say Oops my bad!! People seriously these guys make the Yukon Party look good!!!

Up 3 Down 2

Wilf Carter on Sep 29, 2018 at 11:08 am

Who in government gets two months in a row?
Great role model for staff and people of the Yukon.
So the minister is not around for two months who is making the decisions?

Up 7 Down 6

Roy on Sep 27, 2018 at 7:49 am

When the Libs are in, these comments are filled with the hatred of Cons.
When the Cons are in, these comments are filled with the hatred of Libs.
And the NDP are just angry at everyone ever since Layton died.

Why don't all of you complainers just run for office next time there's an opportunity? Show us all how "smart" you are and how "in control" you are of everything you are currently bitching about. Show us how it's done.

I hope you grow a thick skin during your campaign, because you're going to need it.

Up 22 Down 9

Know what’s funny? on Sep 25, 2018 at 8:26 pm

I actually voted for these guys. Forgive me for my mistake - I will never make the same one again...

Up 12 Down 14

Moose on Sep 25, 2018 at 8:14 pm

I think the Minister did the right thing here. At least upon finding out about the mistake he decided to re-tender the contract. Compare this to when the Yukon Party, can't remember the Minister in charge at the time, sole sourced an almost identical contract to an Alberta firm for building FH. When they were called out on it, they shrugged their shoulders and said too bad. I'm glad this government actually seems concerned with keeping dollars in the Yukon. Well done Mostyn and Silver.... at least so far.

Up 18 Down 1

Lost In the Yukon on Sep 25, 2018 at 5:47 pm

Dearest Slippery Sandy ... spot on! But there are more. Someone should look at whether a certain Minister interfered in an eligibility determination process for financial assistance. Maybe someone should talk to staff who work in that program.

Up 50 Down 2

Yukoner on Sep 25, 2018 at 3:17 pm

PLEASE, no more KZA tin sided outhouses!!!

Up 18 Down 13

Yukon Watchdog on Sep 25, 2018 at 2:58 pm

@ Wilf - Everyone who works for the gov is entitled to a vacation. Even Ministers.

Up 59 Down 6

Slippery Sandy Silver's LIEberal Hearts Club Band on Sep 25, 2018 at 2:20 pm

A brief summary of the scandals which have plagued Slippery Sandy Silver's LIEberals in the last year alone -

Under Minister Ranj Pillai's watch: a whistleblower is fired after blowing the whistle on systemic YG workplace discrimination against Christians, Franco-Yukoners, and Indigenous Peoples at the Department of Economic Development where YG senior staffers were recorded during a staff meeting referring to 'Indigenous Self-Determination' as "bullshit" and an employee was told "Take that f___ing French shit some place else". The whistleblower takes YG to court and exposes 3 Deputy Ministers, Silver's Chief of Staff and the Public Service Commissioner's contempt for both the law and victims of workplace discrimination - yet they and Minister Pillai keep their jobs while the senior YG staffers who made the reprehensible comments are still employed by YG.

Under Minister Pauline Frost's watch: yet another whistleblower blows the whistle on one of the worst scandals involving the abhorrent treatment of and denial of accommodations to at-risk Indigenous youth by YG Health & Social Services. The whistleblower is (you guessed it) fired. Minister Frost first publicly denies the allegations and her Department Rep tells staffers and the media that the office has been shut down due to "plumbing and heating issues", but then is forced to walk back that statement when the truth surfaces. When an independent investigator's report supports 2 of the allegations, Minister Frost (finally) admits wrongdoing - but keeps her job. Meanwhile, the whistleblower is not reinstated.

Now we have Minister Mostyn who would have Yukoners believe that $900,000 contracts are routinely approved by the guy who pushes a mop and without the Minister's knowledge (or at his 'suggestion'). Wake up sheeple - how many times will you take it on the chin before you hold this LIEberal Administration's feet to the fire.

Heads should be rolling.

Up 28 Down 1

Vance Anderson on Sep 25, 2018 at 2:02 pm

@Riverdale Resident

Your second question is a valid one that the local media needs to probe. Let's just say that all the media has to do is look at the Linkdin profiles of key managers in the decision making chain of awarding the contract to Taylor Architecture Group. Look at where HPW personnel worked previously and determine if they worked for companies that worked with Taylor Architecture Group on past projects. Look in particular at projects in the Inuvik area.

Up 23 Down 7

Wilf on Sep 25, 2018 at 12:27 pm

The MLA in this ministers riding used to go door knocking in the summers to talk to voters. The MLA for this riding gets our votes and takes off to Europe for the summer.
Does that look like a MLA that really cares about the riding we live in?
Politician who do not know their job or responsibilities should just step down.

Up 25 Down 2

Sad! on Sep 25, 2018 at 11:17 am

@ Victor Sampson

Remember when the Yukon Party let a $1,000,000 untendered contract to Total North?

Pepperidge Farm remembers.

Up 28 Down 2

Sarah on Sep 25, 2018 at 10:30 am

Oh look at Mostyn taking a page from the crappy health minister. Blame the bureaucrats! You had to sign for that 900k. Oh...blame your staff for not reading it first before you signed away? This government is full of blathering numpties who do nothing more than pander to the public for votes and crap on the people doing the work. Can't fire the minister...or can we? Election 2021, folks.

Up 20 Down 1

Groucho d'North on Sep 25, 2018 at 9:54 am

Government departments make errors everyday and large amounts of time and effort are invested to hide them away from the official opposition, the media and the public. However on occasion a large error is made that cannot be swept under the rug and the questions start to flow so the communications staff begin to write the excuse lines for all involved. Platitudes when clearly the public expectation is for somebody to fall on their sword to ensure it will not happen again. It's an imperfect system and it is manipulated to save face for people out of their depth, including both staff and the elected MLAs.

Up 9 Down 14

Yup on Sep 25, 2018 at 9:38 am

Mistakes are made in every ones work and on a daily basis, stuff happens and goes wrong on a regular basis, no one is infallible. Are you fired every time you make a mistake ....no. They are correcting it and at least that is honesty.... not trying to hide it, they are making improvement's in the Departments. Love how everybody goes keep it local... maybe the Local contractors should sharpen there pencils instead of always WHINING why didn't we get the Job an padding the bid or gouging the customers... everyone needs to make a dollar, everyone wants a job... If it wasn't for Government money and Jobs... there would be very little in this Territory for money or jobs... I'm not for the Liberals, can't stand there policies and how they are gonna take mining and drilling from a large part of the Territory... but wow, aren't we a bunch of Hypocrites and quick to jump on a Bandwagon of hate of the people that put so much money into the Territory... Yup hate all Government people... Kinda like the Dog that bites the hand of the one that feeds it....

Up 20 Down 1

Victor Sampson on Sep 25, 2018 at 9:10 am

This is not some low level bureaucrat that signed off on this contract. A contract of that magnitude would have been signed off by the Deputy Minister based on the recommendation of the Assistant Deputy Minister. DMs serve at the pleasure of the Premier. Therefore, they can be dismissed by the Premier, based on a recommendation from the Minister. ADMs answer to DMs, and DMs can dismiss ADMs. So, the mechanisms are in place to reprimand and dismiss the manager that recommended this contract and signed off on it. The project managers are at the union level and union-protected. They can make mistakes and keep their job. Directors, ADMs, and DMs do not get the same union protection, but the trade off is they get much higher pay, more responsibility and prestige, and severance packages after they leave. Mostyn can throw his department under the bus for the media all he wants, but it's all empty rhetoric unless he actually takes concrete steps to dismiss those responsible for this "mistake".

Up 25 Down 0

Riverdale Resident on Sep 25, 2018 at 7:24 am

I have some questions.
-What is KZAs relationship to/with the CSFY (Commission Scolaire Francophone du Yukon)?
-Why was the Yellowknife architectural firm selected in the first place? Was there an existing relationship with HPW personnel?
Maybe the Auditor General needs to be called in to investigate.

Up 10 Down 1

CJ on Sep 24, 2018 at 9:18 pm

@SCHolmes, If Mostyn was away, it might not have been a vacation, and if it was, so what?

Aside from that, this is a puzzling episode, when you take into account they were ready to give it to Kobayashi and Zedda. There seems to be very little to rely on with regard to process. That might go back to the adoption of so many design-build projects, which seems to have left little corporate memory of how to conduct a legitimate tendering or RFP process.

KZA's involvement at the early stage is curious. It sure doesn't look like they were suggesting it would be more fair not to sole source it. Maybe the bureaucrats thought it would be better to get an outside firm to oversee it, which might explain why components were added (which seem to be the parts about recommendations for design-build).

Up 19 Down 3

Erik Reed on Sep 24, 2018 at 8:13 pm

The one thing you can count on with YTG is incompetence. These are not the mistakes of a partisan political member. No this smacks of the rot that is YTG upper management. Low enough to work through what ever political party holds the reins, high enough to make six figures easily. Sadly the way their HR works, the more shiney your resume is, the higher you go in the beast. Or the more frighteningly incompetent you are at the lower levels, due to impotency against the union, they get rave reviews, and promote the problem away. HPW, Community services are full of these people, honestly has anyone seen the Yukon’s fire chief social media?! Or understand the mess that exists for the competent paramedics from their ADMs? Yes... ADM... Another Dumb Mistake. Not surprised at all that this building tender mistake happened, and like the previous poster stated... it will probably find a raise for the incompetent soul responsible.

Up 9 Down 4

Always Questions on Sep 24, 2018 at 7:20 pm

What is it with YTG and schools? Also did you know the RFP on the tender to build the thing is over 600 pages, idk is that big? Thankfully the RFP does allow bidders to 'reference' two similar 'team' projects ->

Past experience of Design-Build Team (Contractor/Architect/Engineers(Mech/Elec/Struct & Energy) in similar projects (150 points)
1. Provide details of each of the key lead Team Member’s design and construction
experience in the following areas:
1. experience with the cold temperatures and remoteness we face in the
Yukon (1 page max),
2. experience with similar projects, for example: institutional or school
projects of similar or higher dollar value, and similar size. Describe when
the project took place, where it was located, details of the projects and
outcomes. List three most relevant projects (1 page max per project).

{above copied from page 24 of the RFP available on the Yukon Tender Mgmt Website}

Remember, there is about $27 million to design and build the new Francophone Secondary School, what was the last 27 million dollar project YTG tendered? That 'local' companies got some mola (& experience) on?

Of course we want qualified, competent 'expertise' to get this built, I wish all 'local' (yes, even KZA) proponents the best of luck on this RFP! I think the 'evaluation team' is probably made up of very knowledgeable, experienced & competent reviewers too :) can we see their resumes on past experience with such a project within the last 10 years, in the Yukon. Describe when
the project took place, where it was located, details of the projects and
outcomes. List three most relevant projects (1 page max per project).

Up 19 Down 4

Ilove Parks on Sep 24, 2018 at 7:00 pm

I assume the people who tendered this knew what they were doing and the Minister just fell over himself due to local pressure.

Are the businesses who are upset the same ones who get funding to build townhouses that are still too highly priced for most people?

Up 23 Down 3

curious yukoner on Sep 24, 2018 at 6:25 pm

This Minister is pretty quick to throw the bureaucrats under the bus.....on just about any issue that has arisen in HPW during his reign.....and given this is the Dept. that deliver "stuff" he has had no shortage of opportunities......I think the Dept acted well within the directives and broke no rules.......may not have tested the waters adequately or performed a "sniff test" before moving forward but broke non rules......yet Mostyn claims it is their fault.....not much of a leader in my opinion.

Up 16 Down 2

My Opinion on Sep 24, 2018 at 6:00 pm

Further more to all of this how do you spend a Million dollars before even going to tender on the actual building, that's crazy. How much will this school cost?

Up 16 Down 1

My Opinion on Sep 24, 2018 at 5:58 pm

So how do you have a tender process now? The cat is out of the proverbial bag. The price has been given. How do you have a competitive bid now?

"allow contractors “several weeks to prepare bids,” he told the Star Friday afternoon. Well that is not enough time for the scope of this project. These guys are complete clowns. How much time did the guys from the NWT get?

Up 20 Down 1

YK on Sep 24, 2018 at 5:58 pm

Of course the minister can fire management. ADMs, DMs serve at the pleasure of the minister.
And decisions such as this require ministerial approval, and if these decisions, such as sole sourcing a 900,000 contract, are being made without ministerial knowledge and/or approval, well, Mostyn should own it and fire those mg level people involved.
He's the minister.

Up 17 Down 1

My Opinion on Sep 24, 2018 at 5:52 pm

@A mistake you say.

ADM's and DM's serve at the pleasure of the Minister and they are let go by the Minister. No one else below them can do that.

Up 39 Down 5

A mistake you say? on Sep 24, 2018 at 4:36 pm

The Minister cannot fire anyone. He is a politician and needs to keep his nose out of the administration.
But HPW? They certainly can, and do, fire some employees. But it's true. I know of no one incompetent (i.e. that made such a colossal mistake as to get the whole business community in an uproar) that ever got fired from that department. That actually appears to be how one moves up the ladder at HPW. Watch for it. Whoever put out that tender will be next in line for ADM.

Up 49 Down 8

Victor Sampson on Sep 24, 2018 at 4:25 pm

The people that made these "mistakes" are very fortunate and privileged people. An assistant deputy minister makes around $160,000 a year and a deputy minister makes over $200,000. These are supposedly "the best and the brightest" and "the most experienced". These are not workers in the service industry messing up your order of fries. They shouldn't be cut some slack. They have reached a high position in the Government, get paid very high salaries, and that should bring with it a higher degree of accountability. In my opinion, this should have resulted in dismissals. The Liberal Government believes in no accountability, but believe me when I say that voters are tired of this "all sizzle and no steak" government. Mostyn will be accountable to voters on election day, when hopefully his government is a one-hit wonder.

Up 27 Down 2

Yukoner79 on Sep 24, 2018 at 3:11 pm

AAAAHAHAHAH! HAHA. Oh. HAHAHA!

Up 48 Down 9

SCHolmes on Sep 24, 2018 at 3:06 pm

A couple of clarifications...Mostyn is the Minister. The bureaucrats are the deciders on these projects and he should abide by their decision, not throw them under the bus for political points. What an a__! Also, Mostyn has been out of the territory for the past 2 months. Is everything supposed to grind to a halt while he vacations in Europe? Finally, Mostyn may say it is within his right to cancel, but the fact is the NWT company is allowed to and will sue, thus driving up the project price that Kobayashi-Zedda receive. Oh...sorry. Did you not know? How else can we get another terrible looking, tin-sided building in this town?

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