For road builders and infrastructure contractors in Ontario, transparency in municipal procurement is not a nice-to-have. It is a critical part of a competitive, efficient, and accountable construction market.
One simple practice can make a meaningful difference: the release of unofficial bid results immediately following the close of a tender.
At first glance, publishing unofficial bid results may seem like a minor administrative step. In reality, it increases competition, provides valuable market intelligence, strengthens confidence in the procurement process, and helps municipalities secure the best value for taxpayers.
TARBA encourages all public owners, whether municipalities or provincial agencies, to:
- require the immediate publication of unofficial bid results after bid closing.
- publish all bidder names and submitted bid prices.
- state results remain subject to compliance review and formal award.
This isn’t new
Unofficial bid results typically identify the bidders and their submitted prices on a specific tender, before the municipality completes its formal review and awards the contract. They are not an award decision, and they do not replace the municipality’s due diligence.
Historically, public tenders were submitted and opened in person, with bidder names and submitted prices read aloud immediately after bid close. The shift to electronic bidding has made the bid submission process more efficient, but it has come at the expense of this long-standing transparency. While some municipalities still publish unofficial bid results immediately after tender closing, others delay publication by days and even weeks, and some do not release unofficial bid results at all.
These varying municipal approaches create an inconsistent and unpredictable procurement environment for contractors who bid across multiple municipalities, especially in the Greater Toronto Area. Municipalities are effectively competing for the same pool of contractors, so procurement practices in one municipality can affect competition in another.
Why immediate unofficial bid results matter
Maintains transparency. Publishing unofficial bid results restores a long-standing procurement best practice using functionality already available in existing e-procurement systems. It does not affect municipal discretion over compliance reviews or contract awards.
Keeps contractors bidding. Until contractors know whether they are among the top low bidders, they may need to preserve bonding capacity, crews, equipment, and financial resources in case they are awarded the job. In a busy construction market that can mean sitting out other municipal tenders closing in the meantime. This can result in less competition and fewer bids for municipalities and potentially higher prices for taxpayers.
Provides valuable market intelligence. Bid results provide important information about current construction market conditions. Contractors can compare their pricing with other bids, while municipalities can identify pricing trends, unusual bid spreads or other signals that may warrant further review. This information can help both industry and municipalities make better-informed decisions about future projects.
Strengthens confidence in the procurement process. Timely disclosure of unofficial bid results reinforces the integrity of the competitive procurement process by providing a clear and transparent record of the bids received. Contractors need confidence that the process is open, consistent, and accountable, particularly when significant time and resources are invested in preparing a bid. A transparent and consistent procurement process strengthens trust between municipalities, contractors, and taxpayers.
It does not compromise the award process
A common concern is that publishing unofficial bid results could create confusion because the lowest bidder may not necessarily be the successful bidder. But that is precisely why the results should be clearly identified as unofficial. Municipalities can also include a clear liability and non-reliance disclaimer language in both municipal procurement documents and on e-tendering portals to address concerns about legal exposure while restoring immediate bid transparency.
A model clause that municipalities could adopt or adapt is set out below.
“Unofficial bid results will be posted upon electronic tender closing for information only. These results are not official and do not constitute a notice of acceptance, contract award, or any representation as to bid compliance. The municipality does not guarantee the accuracy, completeness, or timeliness of the information and will not be liable for any costs, losses, or damages arising from reliance on unofficial bid results by bidders or third parties.
All bids remain subject to full compliance review, evaluation in accordance with the procurement documents, and formal award approval by the municipality.”
A simple step toward better procurement
Ontario has a significant infrastructure challenge ahead. Municipalities need to deliver roads, bridges, water infrastructure and other capital projects efficiently and get the best possible value for taxpayers.
That requires a strong and competitive construction market. The timely release of unofficial bid results is one small but meaningful tool to support that goal.