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• 9 (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 exceptions in the Agreement, as defined in section 2 of the Canadian Free Trade Agreement Implementation Act, including those made under articles 800, 801, 802, 809 and 1205.1 of that Agreement, and is one to which that Agreement would apply if its value, as determined under article 505 of that Agreement, were not less than the amount set out in article 504 of that Agreement;

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  • (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

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

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  • (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