Procurement Ombudsman Regulations

Version of section 9 from 2008-05-05 to 2017-12-13:

  •  (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.

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