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Contact Us:

Department of Highways and Public Works
Government of Yukon
Box 2703
Whitehorse, Yukon
Canada Y1A 2C6
 
Phone: (867) 667-3628
Fax: (867) 667-5479
Toll free (In Yukon): 1-800-661-0408, local 3628
eileen.ohagan@gov.yk.ca

Last Updated May 22, 2002

Bid Challenge

The bid challenge process was set up to allow bidders and proponents (contractors) an opportunity to voice complaints about the tendering process and to provide specific input on correcting any possible inconsistencies. (Contracting Directive Part VI)

The intent of this hearing process was to establish a non-adversarial opportunity for an impartial panel to review what happened and determine if:

• the Contract Regulations/Contracting Directive had been breached in any way;
• all bidders/proponents had been treated in a fair and consistent manner; and
• the dispute could be resolved without the expense incurred through the court system.

The Bid Challenge Committee consists of twelve members - a chair, alternate chair (both appointed from the private sector), five representatives from the private sector and five representatives from within the government.

The complainant must be able to show that he/she has sufficient interest in a specific tender before a complaint can be made, i.e. that they were a bidder or proponent (or a possible bidder or proponent). A letter of complaint should indicate that it is a Bid Challenge and contain specific details of what occurred to make the tender process unfair.

This letter can be forwarded within 60 days following the tender closing or 15 days following the contract award (whichever is later).

Process

When a complaint is received, the complainant is urged to approach the department employee against which the complaint is filed (contracting authority) and discuss the issue in an attempt to resolve the problem. The government department is also asked to provide details on the tender process and address the items of complaint. Receipt of a complaint does not interfere with the normal process of awarding a contract, but allows for a review of the process to determine if errors were made.

The Chair reviews both the complaint letter and the department report to determine if a hearing is required. Some of the things the Chair considers are:

• did the complainant have sufficient interest in the tender to complain?
• does the complaint relate to the tender process and contract award? and
• is the complaint considered to be trivial, frivolous, vexatious or not made in good faith?

If a hearing is to be held, a panel is selected, consisting of the chair, one government representative and one private sector representative. Care is taken to ensure none of the panel members has any potential or perceived conflict of interest with the complaint, the complainant or the contracting authority.

A Hearing

A hearing is scheduled and location of hearing set within a reasonable time. After the hearing, possible recommendations can be made to improve the process or to correct errors made. These recommendations may include the payment of redress. The committee is to be advised of corrective measures or processes implemented by the department of the contracting authority.

At the hearing, the Chair outlines the complaint and confirms procedures on how the hearing will progress. Only one individual may make the presentation to the panel on behalf of the complainant. Only one individual may make a presentation on behalf of the contracting authority.

Both the complainant and contracting authority outline their actions in the process and provide any additional (relevant) documentation. If redress (compensation) is requested, it should be stated at this point.

The complainant and the contracting authority are dismissed before deliberations take place.

Hearing Outcome

The panel discusses the facts presented, reviews the documentation and considers the process. A decision is reached on how the process was handled, if it was fair or if errors occurred that did not maintain the level playing field. Recommendations are drafted to help improve the process or ensure that errors are not repeated.

Minutes are taken and distributed to all parties to the hearing and to the Deputy Minister of Highways and Public Works and of the contracting authority.

If the committee finds that a contracting authority erred in that it did not follow the Contract Regulations or that the bidder was treated differently from other bidders, recommendations are made to implement changes for the next tendering process.

The Deputy Minister of the contracting department considers the recommendations and decides either to implement changes or explain why it feels the recommendations are not appropriate. It is also the responsibility of that deputy minister to address the recommendation of redress (compensation). The Deputy Minister of the contracting department responds (in writing) to recommendations, identifies steps taken to correct any errors that occurred and reports on progress being made. This information is forwarded to the Chair, all committee members and the departmental minister.