Procurement complaint

Fields marked with an asterisk (*) are mandatory and must be filled out for this form to be considered complete.

A) Complainant information

A complainant can be a bidder or a prospective bidder (individual, partnership, corporation, joint venture) from Canada or from a country that is a party to a trade agreement with Canada that contains procurement trade obligations (refer to the schedule to the Canadian International Trade Tribunal Procurement Inquiry Regulations).

Person authorized to file the complaint

Name

Title

Company name

Telephone

Fax

Counsel information

You may represent yourself or retain independent counsel. Counsel includes any person who acts in a proceeding on behalf of a party, such as a lawyer or consultant.

Confidential information is only made available to independent counsel. If independent counsel is retained, provide the following information:

Name of counsel

Counsel’s firm

Suite

Street address

City

Province/state, country

Postal/zip code

Telephone

Fax

Forms

To expedite proceedings, counsel should file the following forms with the complaint:

Form I — Notice of Participation (to be completed by the complainant)
Form II — Notice of Representation
Form III —Declaration and Undertaking

B) Procurement information

1. Type of process used for the procurement in dispute (request for proposal, request for a standing offer, request for a supply arrangement, invitation to tender, letter of interest, advance contract award notice) as well as the solicitation and/or contract number provided by the contracting authority.

2. Name of the government organization whose needs are being met through the procurement.

3. Name of the government organization administering the procurement process.

4. Short description of the product and/or service being acquired. If known, provide the Federal Supply Classification code, the Goods and Services Identification Number or the United Nations Standard Products and Services Code.

5. Indicate whether the solicitation restricts the origin of the product and/or service being acquired. If yes, please provide details.

6. Date on which the Notice of Proposed Procurement or Advance Contract Award Notice appeared on canadabuys.canada.ca, if applicable.

Date	Details
Date	Details

7. Deadline for the submission of bids.

Date	Details
Date	Details

8. Name of the successful bidder, if known or applicable.

9. Contract award date, if known or applicable.

Date	Details
Date	Details

10. Estimate of the contract value (use the government’s own estimated value, if known).

11. If you had been awarded the contract, what country or countries would the product and/or service you would have supplied originate in?

C) Objection to the contracting authority

An objection is a complaint regarding a procurement made directly to the relevant contracting authority. If there is more than one ground for the complaint to the Canadian International Trade Tribunal, provide the details of your objection for each ground of complaint.

Attach a copy of any written objection and identify the document in your list of attachments (refer to the checklist below). If you did not object in writing, attach a summary that includes dates and times of communications.

1. Have you made an objection?

Yes

If yes, specify how you objected (by telephone, fax, email, letter).

2. Name of the government institution

3. Name and title of the official to whom the objection was made

4. Date of the objection.

Date	Details
Date	Details

5. Content or nature of the objection.

6. In the objection, the remedy you sought from the contracting authority.

7. Date and nature of the contracting authority’s response to the objection.

Date	Details
Date	Details

D) Complaint to the Tribunal

1. Ground(s) for the complaint.

2. Trade agreement(s) under which the complaint is made (typically listed in the Tender Notice that you responded to, as found on canadabuys.canada.ca). Consult the thresholds for trade agreements.

3. Where the Tribunal determines that a complaint is valid, it may recommend to the government institution certain remedies that it considers appropriate. Check the remedy or remedies you are seeking:

Issuance of a new solicitation for the designated contract

Re-evaluation of the bid

Termination of the designated contract

Award of the designated contract

Compensation for lost profits on the designated contract or for the lost opportunity to profit on the designated contract

Other

Other (please explain)

4. If you are requesting compensation as a remedy, briefly state the nature of your claim (refer to the procurement compensation guidelines for more information).

Note: The Tribunal typically only determines the amount of compensation after it has decided on the merit of the complaint. Claims for compensation must be supported by economic, financial or other evidence.

5. Indicate whether you are requesting reimbursement of complaint costs and/or bid preparation costs (refer to the procurement costs guidelines for more information).

complaint costs

bid preparation costs

Postponement of the contract award

The Tribunal may order the government institution to postpone the award of a contract until it determines the validity of the complaint. This option only applies if a contract has not yet been awarded.

Are you seeking a postponement of the contract award?

Yes

Detailed statement of facts and arguments

Provide a clear and detailed statement of the facts and arguments supporting your complaint. For each ground of complaint, provide a timeline of the relevant dates, such as the date on which you became aware of the facts underlying the ground(s) of complaint. Reference the relevant sections of the tender documents if applicable. Explain why you believe the procurement was not conducted in accordance with the applicable trade agreements. Use additional pages if necessary.

E) Confidential information

Company name

I confirm that this complaint, including attachments, does not contain any confidential information. I advise the Canadian International Trade Tribunal that, should the complaint be accepted for inquiry, government officials involved in this procurement may be granted access to any future confidential documents that I may file in these proceedings, including comments on the government institution report. or

I confirm that this complaint, including attachments, does contain confidential information. I acknowledge that my name, the company name and my email address will be placed on the public record. I advise the Canadian International Trade Tribunal that, should the complaint be accepted for inquiry, government officials involved in this procurement may be granted access to the following:

the confidential version of the complaint, including attachments; and
any confidential documents that I may file in these proceedings, including comments on the government institution report.

Date

NOTE: If you have identified information as confidential, you must produce a public version of the information that complies with the Tribunal’s confidentiality guidelines. This public version must be filed along with the complaint, including attachments. Failure to do so could result in a delay in the processing of the complaint and the information designated as confidential no longer being taken into account by the Tribunal.

I understand that checking this box constitutes my legally binding signature.

This box must be checked for the form to be considered complete

F) Declaration

I agree to allow the Tribunal to share with the Office of the Procurement Ombud:

my name and contact information;
the solicitation or contract number that the complaint pertains to;
the value of the solicitation or contract;
whether a contract has been awarded; and
a summary of the grounds of my complaint against the relevant government institution.

Yes

The Office of the Procurement Ombud and the Tribunal provide this service so that you may address your complaint to one or the other in the timeliest manner possible.

G) Instructions

Submit the completed form and all supporting documents by:

using the Tribunal’s Secure E-filing Service;
sending a non-encrypted email to citt-tcce@tribunal.gc.ca; or
mailing one unbound paper version (least preferred option).

If you choose the last option, send the documents to:

The Registry
Canadian International Trade Tribunal
17^th Floor
333 Laurier Avenue West
Ottawa, Ontario K1A 0G7

Don’t submit a paper version if you submit the form electronically.

For more information, contact the Registrar:

citt-tcce@tribunal.gc.ca

Telephone: 613-993-3595
Fax: 613-990-2439
Toll-free number: 1-855-307-2488

Time limits for filing a complaint

You usually have 10 working days after the day on which you become aware, or reasonably should have become aware, of the basis of the complaint to:

file an objection with the relevant government institution; or
file a complaint with the Tribunal.

If you are denied relief from the relevant government institution, you have 10 working days after the date of denial of relief to file a complaint with the Tribunal.

Under exceptional circumstances, a complaint may be filed within 30 calendar days.

Keep a written record of your interactions with the government institution and provide all required information to ensure your complaint is considered properly filed.

If you file documents or information after you’ve filed your complaint, that date may be considered the official filing date of the complaint and may cause the complaint to be considered untimely.