Procurement Complaint Form Instructions

SUBMITTING YOUR COMPLAINT

TABLE OF CONTENTS

 

HOW TO FILE A COMPLAINT AND NUMBER OF COPIES REQUIRED

Please visit www.citt-tcce.gc.ca/en/how-file-complaint to obtain a copy of the Procurement Complaint Form.

Submit the completed complaint form, the authorization form, and all supporting documents to the Tribunal using the Tribunal’s Secure E-filing Service located at https://apps.citt-tcce.gc.ca/sftapp/CITT/html/transfer_e.html. Information submitted using the Secure E-filing Service is fully encrypted from the sender to the Tribunal.

In the alternative, complainants may file these documents by regular (non-encrypted) electronic mail to citt-tcce@tribunal.gc.ca, provided complainants accept the risks associated with this method of transmission. When filing electronically (either by the Tribunal’s Secure E-filing Service, or by regular electronic mail), do not file a hard-copy (paper).

The Tribunal prefers to receive filings by electronic means. However, should a complainant choose to file a procurement complaint in hard copy (paper), the Tribunal requires only the filing of the original in an unbound, photocopy-ready format.

The complaint, and supporting documents, should be addressed to:

The Registrar
Canadian International Trade Tribunal
15th Floor
333 Laurier Avenue West
Ottawa, Ontario  K1A 0G7

Requests for information should be addressed to:

The Registrar
citt-tcce@tribunal.gc.ca

Telephone:  613-993-3595
Fax:  613-990-2439

Toll free:  1-855-307-2488

Time Limits for Filing a Complaint

Under usual circumstances, a complainant has 10 working days from the date on which it first becomes aware, or reasonably should have become aware, of the grounds of the complaint, to either: 1) file an objection with the relevant government institution; or 2) file a complaint with the Tribunal.

In the case where a complainant chooses option 1) and files an objection with the relevant government institution within 10 working days from when it became aware, or reasonably should have become aware, of the grounds of the complaint and is denied relief by that government institution, the complainant has 10 working days from the date of the denial of relief to file a complaint with the Tribunal.

Complainants are encouraged to keep a written record of their interactions with the government institution that is the procuring authority. Complainants should take great care to provide all the requisite information for their complaints to be considered properly filed (see Checklist below).

CHECKLIST FOR FILING A COMPLAINT

The checklist below is provided as a guide only and does not replace the requirements as set out in the relevant acts, trade agreements, rules and regulations.

It is possible that the Tribunal could determine that a complaint is not properly filed until the day on which it receives all of the pertinent documents or information listed below. In other words, if you do not include all of the pertinent documents or information listed below when you file your complaint and then subsequently file relevant documents or information at a later date, that later date may be considered the official filing date of the complaint and may cause the complaint to be considered untimely.

YOUR COMPLAINT MUST INCLUDE:

o Complaint form (or suitable alternative) must include:

Particulars Concerning the Complainant

  • Company name
  • Address
  • Telephone number
  • Fax number
  • E-mail address
  • Name and signature of individual authorized to file the complaint on behalf of a company
  • Independent counsel information, if applicable

Information on the Procurement

  • Solicitation number, or file number
  • Contract number, if known
  • Estimated contract value
  • Product or service being procured
  • Federal Supply Classification code, Goods and Services Identification number or NATO stock number, if known
  • Relevant times and dates (i.e. issuance of solicitation, bid closing, contract award)

Identity of Government Institution

  • Requisitioning authority
  • Contracting authority

Elements of the Complaint
Statement of complaint

  • Detailed statement of all relevant events and facts in support of complaint
  • Relevant times and dates
  • Provisions of the AGP, the AIT, NAFTA or any other applicable trade agreement that have allegedly been breached

Statement of form of relief requested

  • Remedy being sought
  • Complaint costs and/or bid preparation costs
  • Compensation costs
  • Postponement of contract award, if applicable

o List of Attachments

Please make a detailed list of all documents attached to the complaint.

o Inclusion of all relevant documents

  • Any notice published on MERX (Canada’s electronic tendering service)
  • Any notice published on buyandsell.gc.ca (https://buyandsell.gc.ca/)
  • All tender documents including the complete solicitation, with all amendments and attachments
  • Your bid proposal in full, including the financial and technical proposal
  • All related correspondence between the complainant and the government institution including e-mails, letters, faxes, etc.
  • Any other written information that relates to any objection made

o Identification of confidential information

Indicate which information, if any, is confidential by following the instructions for the Designation of Confidential Information (see next page).

o If complaint contains confidential information, include, along with the confidential version, a public version of the confidential information.

o Authorization form, completed and signed

o If complainant is represented by independent counsel, include:

  • Form I – Notice of Participation (Party)
  • Form II – Notice of Representation (Counsel)
  • Form III – Declaration and Undertaking (Counsel and Consultant)

o Verification

Before filing, please verify your complaint and attachments to ensure that no pages or documents are missing.

o Filing the complaint

Complainants who choose to file electronically: Do not file a paper copy.

Complainants who choose to file hard-copies: File one unbound, photocopy-ready original only.

DESIGNATION OF INFORMATION AS CONFIDENTIAL

Information submitted to the Tribunal is made available to the public, unless a party designates portions of it as being confidential in nature.

As the Tribunal is a court of record and, in order to uphold its commitment to transparency, the Tribunal endeavors to place as much information as possible onto the public record. To that end, the Tribunal requests parties make as much information available on the public record as possible. In addition, in order for parties to adequately respond to the complaint, the grounds of complaint should be sufficiently disclosed in public to allow for a proper reply by the government.

HOW TO DESIGNATE AND SUBMIT INFORMATION AS CONFIDENTIAL

(Note: If you are having difficulty with the following instructions, and are pressed for time,  it is more important that you file your complete complaint on time. The Tribunal’s registrar staff will be pleased to assist in providing direction on how to file a public version as required once the confidential version of the complaint has been filed.)

A party wanting portions of the information that it files with the Tribunal to be designated as confidential must submit two versions of the information to the Tribunal:

1.   A confidential version containing all the confidential information and labelled “Confidential” on every page that contains confidential information. In addition, all confidential information should be highlighted by using shading, boldface characters or square brackets; and

2.   a) A public version of the same document with the confidential information fully deleted if you are filing the complaint electronically. (You may not simply mask or hide the confidential information, it must be deleted); or

b) A public version of the confidential document with the confidential information fully blacked-out, if you are filing a complaint in hard-copy (paper).

In the alternative to filing a public version as described in 2(a) or 2(b), you may file a public summary of the confidential information. In either case, the public version or the public summary must give the party opposite and the Tribunal sufficient information to understand the nature of the confidential information.

While a party may submit documents marked “Confidential”, it does not automatically follow that the information is given a designation as confidential. The Tribunal reserves the right to refuse to accept a confidential designation, in whole or in part. If the Tribunal has concerns about the designation of information as confidential, the party providing the information will be given an opportunity to provide an acceptable explanation of why the designation is appropriate. In these instances, the following may occur:

  1. If the Tribunal is satisfied with the explanation provided, the information will be treated as confidential.
  2. If the Tribunal is not satisfied with the explanation for the requested designation of confidentiality, and the party fails to provide an acceptable public version, the information submitted as confidential will not be taken into account by the Tribunal and will not be made part of the record.

3.   The party providing the information may agree to the information being placed on the public record.

4.   The party providing the information may withdraw the information.

More information regarding the designation and protection of confidential information is found in the Confidentiality Guidelines available on the Tribunal’s Web site at www.citt-tcce.gc.ca/en/Confidentiality_guidelines_e.

INFORMATION THAT MAY BE CONSIDERED CONFIDENTIAL

“Confidential information” generally includes business proprietary information, personal information or third party information. Examples of confidential information include:

  • Business proprietary information such as: confidential pricing or business strategies
  • Financial bid and other financial information
  • Curriculum vitae
  • Personal information (home address, telephone number, personal e-mail addresses, etc.)
  • Third party information (information that does not belong to the complainant or to the government institution)
  • Completed evaluation grid

INFORMATION THAT IS NOT NORMALLY CONSIDERED CONFIDENTIAL

The solicitation documents in the bid dispute, the grounds of your complaint and correspondence with government officials that does not disclose business proprietary information are usually not considered confidential information. Examples of non-confidential information include:

  • Complaint and statement of facts
  • The solicitation documents in the bid dispute
  • The grounds of your complaint and correspondence with government officials that does not disclose business proprietary information
  • Correspondence between the complainant and the Government Institution
  • Solicitation documents

SCHEDULE OF EVENTS

There are three options for the length of an inquiry:

  • Normal – 90 days from receipt of complaint
  • Express – 45 days from receipt of complaint
  • Extended – 135 days from receipt of complaint

The default is the normal 90-day process. If, however, a party requires a lengthy extension or if the Tribunal decides to conduct an oral hearing, then the Tribunal may decide to apply the extended 135-day process.

A request for the Express 45-day option must be made by the complainant, government institution or intervener within three working days of the notice of inquiry, and the Tribunal has two working days to decide whether or not to grant the request. This option is rarely applied.

SCHEDULE OF EVENTS IN A 90‑DAY INQUIRY (NORMAL)

DAY*

ACTION

1

Tribunal is satisfied that the complaint is properly filed. Complaint is acknowledged, parties advised.

6

Complaint is accepted for inquiry.

Or, complaint is not accepted for inquiry and the Tribunal issues determination with reasons to follow.

8 - 12

Notice of inquiry is published in the Canada Gazette.

31

Government Institution Report (GIR) is received by the Tribunal and sent to the complainant for comment.

41

Complainant’s comments on the GIR are sent to the Tribunal and forwarded to government institution.

42 - 89

Tribunal’s deliberations, including, if required, a public hearing.

90

Determination of the Tribunal is issued. Reasons will follow.

*    Days are approximate.

SCHEDULE OF EVENTS IN A 45-DAY INQUIRY
(EXPRESS OPTION)

DAY*

ACTION

1

Tribunal is satisfied that the complaint is properly filed. Complaint is acknowledged, parties advised.

4

A party requests the express option.

6

Complaint is accepted for inquiry.

Express option is granted and the parties are notified.

Or, complaint is not accepted for inquiry and the Tribunal issues determination with reasons to follow.

8 - 12

Notice of inquiry is published in Canada Gazette.

16

Government Institution Report (GIR) is received by the Tribunal and sent to the complainant for comment.

22

Complainant’s comments on the GIR are sent to the Tribunal and forwarded to government institution.

23 - 44

Tribunal’s deliberations, including a public hearing as required.

45

Determination of the Tribunal is issued. Reasons will follow.

*    Days are approximate.

SCHEDULE OF EVENTS IN A 135‑DAY INQUIRY
(EXTENDED OPTION)

DAY*

ACTION

1

Tribunal is satisfied that the complaint is properly filed. Complaint is acknowledged, parties advised.

6

Complaint is accepted for inquiry.

Or, complaint is not accepted for inquiry and the Tribunal issues determination with reasons to follow.

8 - 12

Notice of inquiry is published in the Canada Gazette.

13 - 31

Request from Government Institution for extension of time to file the GIR.

46

Government Institution Report (GIR) received by the Tribunal and sent to the complainant for comment.

47 - 57

Request from Complainant for extension to file comments on the GIR.

69 -7 3

Complainant’s comments on the GIR are sent to the Tribunal and forwarded to government institution.

74 - 134

Tribunal’s deliberations, including a public hearing as required.

135

Determination of the Tribunal is issued. Reasons will follow.

*    Days are approximate.

Resource Type

Status

Publication Date

Wednesday, May 28, 2014

Modification Date

Wednesday, September 9, 2015

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