Procurement Ombudsman Regulations (SOR/2008-143)

Findings and Recommendations

14 The Procurement Ombudsman shall provide his or her findings or any recommendations under subsection 22.2(3) of the Act within 120 working days after the day on which the complaint is filed.

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

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

15 A person may file a complaint under paragraph 22.1(3)(c) of the Act only if, in addition to meeting the requirement set out in subsection 22.2(1) of the Act, the person has been awarded the contract to which the complaint relates.

• 16 (1) A complaint under paragraph 22.1(3)(c) of the Act shall be filed in writing with the Procurement Ombudsman within 30 working days after the day on which the complainant became aware, or reasonably should have become aware, of the grounds on which the complaint is based.

• (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 subsection (1), the Procurement Ombudsman may, at the request of the complainant, extend that period to a maximum of 90 working days.

• (3) If a complainant has previously contacted the contracting department to object to the administration of a contract within the period set out in subsection (1), a complaint under that subsection 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 and, on the request of the Procurement Ombudsman, a copy of that contract;

  • (c) the name of the contracting department and, if applicable, 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 requirements set out in subsection 22.2(1) of the Act and in section 15; and

  • (e) a statement of the complaint, setting out the facts and grounds on which the complaint is based.

Review

17 The Procurement Ombudsman shall determine whether to review a complaint referred to in subsection 16(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 provide that department with a copy of the complaint.

• 18 (1) The Procurement Ombudsman shall review a complaint referred to in subsection 16(1), if the requirements set out in subsection 22.2(1) of the Act and in sections 15 and 16 have been met and the interpretation and application of the terms and conditions or the scope of the work of the contract are not in dispute between the parties.

• (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.

19 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 subsection 22.2(1) of the Act, section 15 or 16 have not been met; or

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

Findings and Recommendations

20 For the purpose of the review, the Procurement Ombudsman shall take into consideration any relevant factors, including the following:

• (a) whether the administration of the relevant contract was conducted in a reasonable manner in the circumstances; and

• (b) whether any of the parties acted in bad faith.

21 The Procurement Ombudsman may not make recommendations

• (a) altering the terms and conditions of a contract; or

• (b) providing a remedy other than as specified in the contract.

22 The Procurement Ombudsman shall provide, in accordance with subsection 22.2(3) of the Act, his or her findings and any recommendations within 120 working days after the day on which the complaint is filed.

Alternative Dispute Resolution Process

• 23 (1) If a party to a contract requests an alternative dispute resolution process under paragraph 22.1(3)(d) of the Act with respect to a dispute on the interpretation or application of a contract’s terms and conditions, the Procurement Ombudsman shall ask the other parties if they agree to participate in such a process and to bear the costs of that process, within 10 working days after the request, and permit those parties 10 working days to respond to his or her request.

• (2) The Procurement Ombudsman shall receive a request that is in writing and includes

  • (a) the names of the parties to the contract;

  • (b) a copy of the contract; and

  • (c) a brief summary of the facts in issue.

• (3) Within 10 working days after receiving the last of the other parties’ responses,

  • (a) if all parties agree, the Procurement Ombudsman shall submit to the parties a proposal for an alternative dispute resolution process; and

  • (b) if the parties do not agree, the Procurement Ombudsman shall notify the party who made the request that the request cannot be granted.

Coming into Force

Footnote ^*24 These Regulations come into force on the day on which section 307 of the Federal Accountability Act, chapter 9 of the Statutes of Canada, 2006, comes into force, but if it is after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force May 5, 2008, see SI/2008-52.]