Complaint filed with a public body
An interested business can file a complaint with a public body:
- concerning the tender documents available in the système électronique d’appel d’offres (SEAO) not later than two days prior to the deadline for receiving complaints.
- if the tender documents:
- stipulate conditions that do not ensure the honest, fair treatment of the competitors;
- do not allow the competitors to participate although they are qualified to satisfy the needs expressed;
- do not otherwise conform to the normative framework.
Complaint concerning a call for tenders under way (general procedure)
Before they file a complaint, complainants are advised to contact the public body to obtain clarification concerning the call for tenders concerned.
Complaint Form Filed With a Public Body
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- If you already possess the information necessary to file a complaint, you must first submit the complaint to the public body responsible for the call for tenders, not later than the deadline for receiving complaints indicated in the SEAO.
To this end, you must use the complaint form for a public body determined by the AMP and submit it yourself by email to the body concerned at the address indicated in its complaints handling procedure or in the tender documents. - Once it receives a complaint, the public body must determine whether the complaint is admissible and justify its decision, if need be.
- The public body will then analyze the complaint based on the questions that it raises. If the complaint is founded, the body can modify the tender documents if it deems it necessary.
- A decision will be sent to the business or the individual that has filed the complaint after the deadline for receiving complaints but not later than three days before the tender closing date.
- The public body must record the date on which the decision was transmitted in SEAO. It must subsequently ensure that a minimum of seven days is available between the date of transmission of its decision and the tender closing date.
To obtain additional information on the process, please consult the complaint processing checklist intended for public bodies.
Complaint concerning an awarding following the publication of a notice of intention (general procedure)
The Act respecting contracting by public bodies (ACPB) stipulates that a public body must publish at least 15 days prior to concluding certain contracts by mutual agreement a notice of intention in the SEAO.
- Following a notice of intention published by a public body, a business that believes that it can perform the same work or provide the same service as the business covered by the contract by mutual agreement can indicate its interest to the body that published the notice.
- Following receipt of an expression of interest, the public body must first verify if the business qualifies within the meaning of the ACPB. Non-qualification at this preliminary stage leads to the automatic rejection of the expression of interest.
- The body subsequently analyzes the business’ demonstration of its ability to fulfil the contract according to the obligations and needs stipulated in the notice of intention.
- At least three days before the date of conclusion of the contract, the public body sends by email to the business that expressed its interest whether or not it has decided to maintain its intention to conclude the contract by mutual agreement. It must subsequently ensure that a minimum of seven days is available between the date of transmission of this decision and the anticipated contract closing date.
When the public body transmits its decision by email, it must also inform the business of its right to file a complaint to the AMP within three days of receipt of the decision.
1The notice is used to publish the intention to award a contract to an identified supplier or to confine the invitation to tender to identified suppliers. The notice provides a brief description of the purpose of the contract, the amount and its estimated duration and the reasons for the decision made. Time is allowed to enable interested suppliers to make observations or comments.
2The Act respecting contracting by public bodies (ACPB) stipulates that a business is a contractor who is a legal person established for a private interest, a general, limited or undeclared partnership or a natural person who operates a sole proprietorship.
The AMP’s responsibility
The AMP does not intervene at this stage in the processing of a complaint or the decision of a public body.
It may be involved if the complaint is submitted to it following the decision or if the business has not received a decision from the public body.
Note : To facilitate understanding, the notion of public bodies includes municipal bodies.