Office of the Procurement Ombudsman
www.boa-opo.gc.ca
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Making a Complaint
What types of complaints can the Procurement Ombudsman investigate?
The Procurement Ombudsman can investigate:
- The award of a contract for the acquisition of goods below the value of $25,000 and services below the value of $100,000 where the criteria of Canada's Agreement on Internal Trade applies – we can look at complaints about activities related to requirement definition, procurement planning and bid solicitation.
- The administration of your contract – we can look at complaints of any dollar value when the issue has to do with obligations set out in the contract (for example, timelines to be met, documents to be provided, and payment terms).
While we cannot review complaints that fall within the mandate of the Canadian International Trade Tribunal or are the subject of a proceeding in court, you are still encouraged to inform us of your issue, as it could identify some systemic issues and form part of our plans to review the procurement practices of a department.
Where the interpretation or application of the terms and conditions of the contract are in dispute between yourself and the relevant department, we can offer an alternate dispute resolution process if both you and the department are willing to participate.
What are the limitations on the mandate of the Procurement Ombudsman?
The Procurement Ombudsman cannot review:
- Any complaint that relates to problems that arose prior to the Procurement Ombudsman Regulations coming into force (May 5, 2008).
- Any complaint related to contracts awarded where the government pursues a legitimate social objective, such as aboriginal set-asides.
- Any complaint about the procurement of certain government entities such as the Bank of Canada, the Canada Council and the Canada Deposit Insurance.
Can the Procurement Ombudsman cancel or modify contracts?
The Procurement Ombudsman does not have the authority to cancel or change the terms and conditions of contracts. However, in some cases he may be able to recommend compensation.
How can I make a formal complaint?
Before making a complaint to the Procurement Ombudsman regarding the award or administration of a contract, you are encouraged to first contact the relevant government department(s) to try to resolve the issue. If the government department is not able to assist, you have 30 working days from the date that the department denies your objection to file a complaint.
If you do not want to contact the department, then generally you have 30 working days after public notice of the award of contract to file a complaint. There may be other options open to you as set out in the Procurement Ombudsman Regulations.
When filing a complaint, you should be aware that there is specific information you must provide in writing.
Formal complaints will be required in writing and can be filed using the complaint form.
The more information that you provide in your form, the easier it will be for the Office to understand the situation. Try to give us as many relevant details as possible, including the contract reference number(s), the dollar value of the contract, the name of the department, the date that you became aware of the issue, and who you have already contacted to try to resolve it.
Where can I send my complaint?
If you want the Procurement Ombudsman to become involved, you can make a formal complaint in writing by completing the complaint form, and forwarding it to:
Office of the Procurement Ombudsman
Constitution Square
340 Albert St., 11th floor
Ottawa, Ontario
K1R 7Y6
Fax: 613-947-9800
E-mail: boa-opo@boa-opo.gc.ca
If you have any questions, do not hesitate to call us at:
toll-free: 1-866-734-5169
Are there costs associated with filing complaints to the Procurement Ombudsman?
There is no charge for filing or handling a complaint.
What happens after I make a complaint?
Once we have received all of the necessary information from you, we will review your complaint.
If your complaint is something we can investigate, we will let you know of our course of action in a timely manner (within ten working days) and keep you informed of how your complaint is proceeding. Once the review is complete, you can expect a report with our findings and recommendations.
If we cannot review your complaint, we will explain why and provide you with guidance and/or suggest alternatives. For example, if the issue falls within another organization's mandate, we will give you their contact information. If there's an issue related to the terms and conditions of a contract, we will provide an alternative dispute resolution process.
Can someone submit a complaint on my behalf?
The Procurement Ombudsman Regulations require certain declarations to be made by the complainant, and so the initial complaint should come from the complainant. However, you may be represented during the process.
Complaint Form
The information requested on this form is required in accordance with Procurement Ombudsman Regulations made under the Federal Accountability Act for a complaint to be filed and considered for review. This personal information will be stored in Personal Information Bank Number PWGSC PPU 001 and is protected from disclosure to unauthorized persons/agencies pursuant to the provisions of the Privacy Act. Under the Access to Information Act, information held by a Federal Government institution may be released.
1. Identification (please print or type):
Name:
Title:
Full Company Name:
Business address in Canada:
Street:
Town/City:
Province/Territory:
Postal Code:
Telephone:
Fax (optional):
2. Details of the complaint:
TYPE (Please select one)
- AWARD of a contract (including call-ups against standing offers/supply arrangements - Please answer sections A through E).
OR
- ADMINISTRATION of a contract (including standing offers/supply arrangements - Please answer sections A, B and F)
A. Contract Reference Number(s):
B. Description of the goods and/or services (including construction) to be supplied:
C.
a. The date the public notice announced that the contract had been awarded OR, if there wasn't a public notice, what was the date you became aware that the contract had been awarded (YYYY/MM/DD):
b. If there wasn't a public notice, how did you become aware?
D. Dollar value of the contract:
E. Did your company bid on the Contract? Yes / No
F. The date you became aware of the grounds for your complaint:
3. Name(s) of the government department(s) involved in your complaint.
Please identify the federal government organization(s) involved in your issue(s):
4. Provide the grounds for your complaint, based on factual information.
Provide a clear list of all the issues with supporting documentation (additional Complaint Form Annex are available as necessary).
Issue 1:
Issue 2:
Is additional information being submitted by post/fax/e-mail? (such as any notice published on MERX; all tender documents, such as the complete RFP, with all amendments and attachments; your proposal; all related correspondence, including email; and any written information that related to any objection that you made) Yes / No
5. Have you contacted the organization(s) identified in Section 3 to try to resolve your issue? If yes, what happened? If no, why not?
6. Nature of the relief requested (What is the solution you are seeking?)
7. Consent
Do you provide your consent, at this time, that the Office of the Procurement Ombudsman may contact the government department(s), identified above, in order to resolve your issue(s). Yes / No
Declaration
- The facts and grounds on which this complaint is based are not and have not been the subject of an inquiry before the Canadian International Trade Tribunal or a proceeding in a court of competent jurisdiction; or
- I have been awarded the contract to which this complaint relates; or
- None of the above.
I hereby declare and certify that the information provided herein is to the best of my knowledge true, accurate and complete.
___________________________________
Name and title of authorized official filing the complaint (please print or type)
___________________________________
Signature of authorized official:
___________________________________
Date:
Complaint Form Annex:
Contract reference number(s):
Please provide additional information if necessary.