Lodging a Complaint in the Context of the Awarding of a Contract following a Public Call for Tenders
In accordance with section 358.4.1 of the Act respecting Northern villages and the Kativik Regional Government, the Kativik Regional Government (KRG) must provide equitable resolution of complaints filed with it in the course of the awarding of a contract through a public call for tenders or otherwise. It must, for that purpose, establish a procedure for receiving and examining the complaints filed (link here).
Who can complain?
Any person or partnership or their respective representatives may lodge a complaint with the KRG, provided they have the necessary interest in the tender in question. Please note that only a person or group of persons interested in participating in the public tender awarding process may file a complaint.
Where do I find the KRG’s procedure to file a complaint?
Above you will find a copy of the KRG’s procedure for receiving and examining complaints that are filed with it, in the course of its public procurement activities. This document is accompanied by a brief explanation of the procedure as well as a brief summary of the actual complaint process.
Below you will find a copy of the complaint form that must be used to transmit your complaints to the KRG and the Autorité des marchés publics pursuant to section 45 of the Act respecting the Autorité des marchés publics chapter A-33.2.1. However prior to completing and transmitting the complaint form, the complainant is asked to consult the information provided below in order to determine whether the complaint document is the appropriate vehicles for their concerns.
When should I complain?
Any person or partnership or their respective representatives can file a complaint with the KRG concerning a public call for tenders if the documents pertaining to the invitation to tender or a modification to such documents:
- stipulate conditions that do not ensure honest, fair treatment of competitors;
- do not allow competitors to participate in the invitation to tender although they are qualified to satisfy the needs expressed;
- do not otherwise conform to the normative framework or follow the rules set out in the law.
Once I lodge my complaint what happens?
Once tenderers have completed the complaint form provided by the Autorité des marchés public (link coming soon), and have sent it to the person in charge identified in the KRG’s procedure for receiving and examining complaints at the examination of the complaint will commence and shall proceed through the following steps:
- The KRG will determine whether the complainant has the interest required to lodge a complaint. (failure to satisfy this criterion will result in a notice of rejection being sent to the complainant);
- The complainants interest having been confirmed, the KRG will make an entry to that effect on the electronic tendering system (ETS);
- The KRG will then proceed to evaluate the admissibility of the complaint received. In other words, the KRG will verify that all of the formalities associated with the complaint have been satisfied. (failure to satisfy this criterion will result in a notice of rejection being sent to the complainant);
- The complaint, if deemed admissible is evaluated on its merits (strength of its arguments and foundation).
- The KRG then renders its decision and informs the complainant, and in the case of a refusal informs the complainant of their right to lodge a complaint with the Autorité des marchés public.