Dismissal of complaints
The Autorité des marchés publics (AMP) may deem a complaint submitted to it to be inadmissible when it does not satisfy certain criteria. The Act respecting the Autorité des marchés publics indicates the reasons for the dismissal of a complaint:
- the AMP deems the complaint to be abusive, frivolous or manifestly ill-founded;
- the complaint has not been submitted in accordance with the established procedure or has been received late;
- the complainant does not possess the requisite interest;
- the complaint concerns a change made to the tender documents in accordance with an order or a recommendation of the AMP;
- •the complainant should have first filed a complaint or expressed its interest to the public body;
- the complainant refuses or fails to provide the information or documents requested in the required time;
- the complainant is seeking or has sought legal recourse in respect of the same facts indicated in the complaint.
In all cases, the AMP informs the complainant in writing of the dismissal of the complaint and indicates the reasons for its decision.
The AMP can, under exceptional circumstances and if it deems the examination of the complaint to be relevant, consider a complaint admissible that has not been submitted in accordance with the prescribed procedure or has been received late.
However, the complaint must concern an awarding process and be received before the tender closing date.