Procurement Ombudsman Regulations (SOR/2008-143)

Regulations are current to 2014-10-27 and last amended on 2008-05-05. Previous Versions

Review

 The Procurement Ombudsman shall determine whether to review a complaint referred to in subsection 7(1) within 10 working days after the filing of the complaint, and shall, without delay, notify the complainant and the contracting department of his or her decision and, at that time, provide that department with a copy of the complaint.

  •  (1) The Procurement Ombudsman shall review a complaint referred to in subsection 7(1), if

    • (a) the contract, the award of which is the subject of the complaint, is not covered by any of the exemptions or exceptions in the Agreement, as defined in section 2 of the Agreement on Internal Trade Implementation Act, including those made under articles 1802 to 1806 of the Agreement, and is one to which the Agreement would apply if its value, as determined under article 505 of the Agreement, were not less than the amount set out in article 502 of the Agreement;

    • (b) the requirements set out in subsection 22.2(1) of the Act and section 7 have been met;

    • (c) 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

    • (d) there are reasonable grounds to believe that the contract was not awarded in accordance with regulations made under the Financial Administration Act.

  • (2) If the Procurement Ombudsman reviews the complaint under subsection (1), he or she may request that the complainant or the contracting department provide any document or information necessary for the review.

 The Procurement Ombudsman shall end the review and notify the complainant and the contracting department of that fact and the reasons for it, if

  • (a) the complainant withdraws the complaint;

  • (b) one or more of the requirements set out in section 7 or 9 have not been met;

  • (c) the award of contract has been cancelled; or

  • (d) the Procurement Ombudsman determines that the complaint is frivolous or vexatious.

Procedures

  •  (1) Subject to subsection (2), the Procurement Ombudsman shall review complaints under a simple process and allow the contracting department 15 working days after the receipt of the notice referred to in section 8 to provide its comments on the complaint.

  • (2) The Procurement Ombudsman shall review a complaint under an expanded process on the request of the complainant or the contracting department, or if the Procurement Ombudsman determines that the circumstances warrant an expanded process, taking into consideration any relevant factors, including the following:

    • (a) the nature of the complaint;

    • (b) the value of the contract;

    • (c) the complexity of the bid requirements or the procurement process; and

    • (d) the potential impact that the findings and any recommendations could have on the government’s operations or resources.

  • (3) The Procurement Ombudsman shall without delay notify the complainant and the contracting department that a complaint is to be reviewed under an expanded process.

  • (4) Under an expanded process, the Procurement Ombudsman shall

    • (a) provide the contracting department with a period of at least 25 working days after the receipt of the notice referred to in subsection (3) to provide comments with respect to the complaint and may, on the request of that department, allow it to provide its comments after that period, having regard to the complexity of the bid requirements or the procurement process;

    • (b) provide the complainant with a copy of the department’s comments and an opportunity to respond within 10 working days after the receipt of the copy and may, on the request of the complainant, allow it to provide its response after that period, having regard to the complexity of the bid requirements or the procurement process; and

    • (c) provide the department with a copy of the complainant’s response and an opportunity to respond within 10 working days after the receipt of the copy if the complainant raises new arguments or evidence in its response and may, on the request of the department, allow the department to provide its response after that period, having regard to the complexity of the bid requirements or the procurement process.