Frequently Asked Questions (FAQ's)

To know more about the Office of the Procurement Ombudsman

• What is an Ombudsman?
• What is the Procurement Ombudsman's mandate and role?
• Who is the Procurement Ombudsman?
• To whom does the Procurement Ombudsman report?
• Is the Office of the Procurement Ombudsman part of Public Works and Government Services Canada (PWGSC)?
• How will the Procurement Ombudsman help to improve the procurement process?
• How does the Procurement Ombudsman intend to report on the results of his work?
• To know more about Practice Reviews
• To know more about the Complaint Process
• To know more about the Alternative Dispute Resolution

What is an Ombudsman?

Typically, an Ombudsman is an independent, objective investigator of people's complaints against government and/or private sector organizations. After a fair and thorough review, the ombudsman decides if the complaint is valid and makes recommendations in order to resolve the problem.

The two most common kinds of ombudsman in Canada and in other countries are:

• Legislative (or Classical) Ombudsman who are established by statute and who can report findings and recommendations to ministers of the Crown, to the provincial legislature or to Parliament.
• Executive Ombudsman who report only to the head of the organization whom they investigate, such as government departments or Crown corporations, universities/colleges or businesses.

The Procurement Ombudsman is a legislative ombudsman given that his mandate is provided for in statute.

What is the Procurement Ombudsman's mandate and role?

As set out in the Department of Public Works and Government Services Act, the mandate of the Procurement Ombudsman is to:

• Review the practices of departments for acquiring materiel and services to assess their fairness, openness and transparency and make any appropriate recommendations to the relevant department for the improvement of those practices;
• Review any complaint respecting 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;
• Review any complaint respecting the administration of a contract for the acquisition of materiel or services by a department, regardless of dollar value;
• Ensure that an alternative dispute resolution process is provided, if both parties agree to participate.

The Procurement Ombudsman can also perform any other duty or function respecting the practices of departments for acquiring materiel and services that may be assigned to the Procurement Ombudsman by order of the Governor in Council or the Minister.

Who is the Procurement Ombudsman?

The Procurement Ombudsman is Mr. Shahid Minto.

To whom does the Procurement Ombudsman report?

The Procurement Ombudsman reports to the Minister of Public Works and Government Services Canada (PWGSC). The Procurement Ombudsman will submit an annual report to the Minister of PWGSC who is required to table it in Parliament. It is important to note that the Procurement Ombudsman is operating at arms length from the departments who are subject to his review.

Is the Office of the Procurement Ombudsman part of Public Works and Government Services Canada (PWGSC)?

The Office of the Procurement Ombudsman is part of the portfolio of the Minister of Public Works and Government Services Canada, but operates at arms length from the department. A Memorandum of Understanding signed by the Deputy Minister of Public Works and Government Services Canada and the Procurement Ombudsman identifies their specific roles and responsibilities, thus ensuring the independence needed by the Office to carry out its operations.

How will the Procurement Ombudsman help to improve the procurement process?

The Office of the Procurement Ombudsman reviews complaints from suppliers with the objective of solving them quickly and efficiently. This should result in immediate relief to the supplier.

For recurring issues, the Office may look further to see if this is a systemic issue across government. If so, this may result in the Office undertaking a review of procurement practices in departments and agencies and making recommendations for the improvement of those practices.

It is expected that the implementation of the recommendations, which will be followed up by the Office of the Procurement Ombudsman, will result in improved fairness, openness and transparency in the procurement process.

For contractual disputes, the office provides an alternative dispute resolution process where appropriate and if both parties agree to participate to arrive at solutions and avoid costly litigations.

The office also reports on best practices identified in the government and other jurisdictions in order for the procurement community to benefit from lessons learned.

How does the Procurement Ombudsman intend to report on the results of his work?

The Procurement Ombudsman will report to affected Ministers and Deputy Ministers on practice reviews that are carried out by his office.

When dealing with complaints about contract award or contract administration, the Procurement Ombudsman will provide each party to the dispute with a report on his findings.

Finally, the Procurement Ombudsman will produce an annual report in which he will report on all activities carried out by his office during the year. The Minister of Public Works and Government Services Canada will table this report in Parliament.

To know more about the complaint process

To know more on the complaint process, please visit the section entitled "making a complaint".