b'FROM OUR DIRECTOR OF STAKEHOLDER ENGAGEMENTAND ADVOCACYThe Case Against NDAs in Public ProcurementTransparency has long been the cornerstone of publicThe concern over transparency is not just local. Across procurement. When taxpayers foot the bill, they expectCanada, experts have been sounding the same warning: projects to be open, competitive and fair. openness is not optional in public procurement. TheOffice of the Procurement Ombud (OPO)which oversees Lately, however, the Winnipeg Construction Associationfederal purchasingmade this clear in its 2022-23 Annual (WCA) has been raising alarms. A new trend is creepingReport, noting: the urgent need for more transparency in into Manitobas procurement processes: non-disclosurefederal procurement with a focus on gaining publicagreements (NDAs). What might look like routine paperworktrust by disclosing timely, accurate and reliableactually risks undermining the very principles publicprocurement information.construction depends on. While the Ombuds mandate is federal, the principle is NDAs certainly have their place. In the private sector, theyequally relevant here. Taxpayers in Manitoba deserve the are common in land deals, mergers or settlements. In thesame openness and accountability as taxpayers anywhere in public sphere, they may be justified in rare casessuch asCanada. The risks of reduced competition, inflated costs and national defence contracts or law enforcement projects,eroded trust are no less serious at the provincial level.where sensitive information must be closely guarded. ButThat call is echoed by the Canadian Public Procurement those exceptions are few. For most public infrastructureCouncil, which champions best practices rooted in projects, secrecy has the opposite effect of whataccountability, and by the Canadian Construction procurement is supposed to achieve. Association, which warns that restrictive bidding practices In the past six months alone, four provincial projectsdrive up costs. The message is consistent: secrecy required contractors to sign NDAs just to participate:undermines value for taxpayers.Construction Management Services for Schools (RFP 2025- By default, public projects should be conducted in the 24-M-P), Interior RefreshManitoba Housing Renewalopen. NDAs may be warranted for national security or law Corporation and two tenders associated with the 190-200enforcement, but they should never become routine for Disraeli Project (2025-63-4943-P). These are exactly theschools, housing or local infrastructure.types of projects where transparency should be guaranteed. Instead, information was restricted, pricing was harder toThe consequences of NDAs are clear: they reduce establish, and the process dragged. competition, inflate costs and slow the delivery of projects The impacts ripple across the industry. Contractors hesitateour communities need. Just as importantly, they erode to bid when agreements are too restrictive. Smaller firms,confidence in the system itself. Public trust depends on already facing hurdles, can be shut out entirely. Lessknowing that decisions are made openly and that taxpayer competition means less innovation and higher prices. money is spent wisely.And because construction relies on hundreds of subtradesManitoba has an opportunity to change course before this and suppliers, NDAs tie hands at every level. Generalpractice becomes entrenched. Openness and transparency contractors cant always share the details needed forshould remain the rulenot the exception.accurate pricing. Subtrades dont know who is bidding or if theyll have a chance to participate. Estimates become guesswork. The result? Inflated costs that fall squarelyon taxpayers.Secrecy slows everything down. Manitobas industry already works under tight timelines. Adding unnecessary restrictionsonly makes a time-sensitive process harder. Darryl Harrison10 BUILD MANITOBAwinnipegconstruction.ca'