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Council carpeted over tendering | Council carpeted over tendering |
(30 minutes later) | |
Larne Borough Council has been advised to review how it tenders for contracts, after a developer was chosen in "a seriously flawed process". | |
Northern Ireland Ombudsman Tom Frawley said the council's chosen developer should have his contract rescinded. | |
He was selected to develop publicly owned land in Glenarm. Mr Frawley found that the selection process was flawed at every stage. | He was selected to develop publicly owned land in Glenarm. Mr Frawley found that the selection process was flawed at every stage. |
The council has unanimously accepted the ombudsman's findings. | The council has unanimously accepted the ombudsman's findings. |
Former independent councillor John Anderson brought the matter into the public domain with a Freedom of Information request. | Former independent councillor John Anderson brought the matter into the public domain with a Freedom of Information request. |
He said that the report was a comment effectively on how badly the area was governed in some instances. | He said that the report was a comment effectively on how badly the area was governed in some instances. |
"The Ombudsman's conclusion was significant maladministration, that's just about as bad a report as a council can get," he said. | "The Ombudsman's conclusion was significant maladministration, that's just about as bad a report as a council can get," he said. |
Mr Frawley investigated after a complaint was made to him by the developer who lost out on the tender. | Mr Frawley investigated after a complaint was made to him by the developer who lost out on the tender. |
'Unfair advantage' | 'Unfair advantage' |
He said at the beginning of the process the newspaper advert to attract developers was too small and that the timeframe to apply too short. | He said at the beginning of the process the newspaper advert to attract developers was too small and that the timeframe to apply too short. |
He felt it gave unfair advantage to one developer who had already approached the former acting chief executive of the council about the land. | He felt it gave unfair advantage to one developer who had already approached the former acting chief executive of the council about the land. |
The ombudsman also thought that none of the three developers who responded to the advertisement should have been shortlisted, yet all were. | The ombudsman also thought that none of the three developers who responded to the advertisement should have been shortlisted, yet all were. |
One developer later withdrew his application because of a decision to allow those bidding to have direct contact with those choosing the successful company. | One developer later withdrew his application because of a decision to allow those bidding to have direct contact with those choosing the successful company. |
'Highly irregular' | 'Highly irregular' |
The ombudsman said this was at best "ill-advised and inappropriate" and at worst "highly irregular". | The ombudsman said this was at best "ill-advised and inappropriate" and at worst "highly irregular". |
The ombudsman said the councillors who later heard the presentations did not have the experience or training to make the decision. | The ombudsman said the councillors who later heard the presentations did not have the experience or training to make the decision. |
On that basis, he has advised the council to rescind the contract awarded. | |
And he said it should - with some urgency - review its procedures for the running of competitive processes. | And he said it should - with some urgency - review its procedures for the running of competitive processes. |
The ombudsman has also recommended that the council should apologise to the unsuccessful developer and refund the legal costs he has incurred in making the complaint. | The ombudsman has also recommended that the council should apologise to the unsuccessful developer and refund the legal costs he has incurred in making the complaint. |