Procurement Ombudsman Regulations (SOR/2008-143)

Regulations are current to 2014-07-22 and last amended on 2008-05-05. Previous Versions

  •  (1) If the Procurement Ombudsman makes recommendations under paragraph 22.1(3)(a) of the Act, he or she shall provide them, together with reasons, within one year after the commencement of a review and shall also provide a copy of them to the Minister without delay.

  • (2) If the Procurement Ombudsman cannot provide the recommendations within the period set out in subsection (1), before the expiry of that period, he or she shall provide interim recommendations, together with the reasons for the delay, and shall provide the final recommendations within 120 working days after the provision of the interim recommendations.

Review of a Complaint Under Paragraph 22.1(3)(b) of the Act

Filing of a Complaint Under Paragraph 22.1(3)(b) of the Act

  •  (1) A complaint under paragraph 22.1(3)(b) of the Act shall be filed in writing with the Procurement Ombudsman

    • (a) within 30 working days after public notice of the award of contract to which the complaint relates; or

    • (b) if there was no public notice, within 30 working days after the day on which the award of contract became known or reasonably should have become known to the complainant.

  • (2) If, for reasons beyond the control of the complainant, the complainant is not able to file a complaint with the Procurement Ombudsman within the period set out in paragraph (1)(a) or (b), as the case may be, the Procurement Ombudsman may, at the request of the complainant, extend those periods to a maximum of 90 working days.

  • (3) If a complainant has previously contacted the contracting department to object to the award of a contract within the period set out in paragraph (1)(a) or (b), as the case may be, a complaint under subsection (1) shall be filed in writing with the Procurement Ombudsman within 30 working days after day on which the contracting department denied the objection.

  • (4) The complaint is filed when the following information and documents are submitted to the Procurement Ombudsman:

    • (a) the name and address of the complainant;

    • (b) information identifying the contract to which the complaint relates, including the date of public notice of the award of contract or, if there was no public notice, the date of award of that contract, if known;

    • (c) the name of the contracting department and, if applicable, of the department for which the materiel or services are intended under the contract to which the complaint relates;

    • (d) information and documents establishing that the complainant meets the requirement set out in subsection 22.2(1) of the Act;

    • (e) a clear and detailed statement setting out the facts and grounds on which the complaint is based;

    • (f) a declaration by the complainant stating that the facts and grounds on which the 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; and

    • (g) upon request of the Procurement Ombudsman for the purpose of section 13,

      • (i) a calculation, together with supporting documents, of the net profit that the complainant would have realized, had it been awarded that contract, at the lower of the amount it bid, if any, and the amount at which the contract was awarded, without including the value of any options or any extensions of the contract, less the cost of submitting the bid, if any, and

      • (ii) the complainant’s costs of submitting the bid and supporting documentation.