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Complaint Form
Frequently Asked Questions
| Q1. |
Who may file a complaint with the CITT? |
| A1. |
Any bidder or prospective bidder may file a complaint with the CITT. A bidder can be a sole proprietorship, a joint venture or any other authorized business venture. In cases of composite business ventures, it is important that mandated persons representing the whole of the business venture file the complaint. Generally, a subcontractor is not considered a bidder or prospective bidder on a designated contract. It is not necessary to have previously contracted with the government to be a prospective bidder. |
| Q2. |
How much time do I have to file a complaint with the CITT? |
| A2. |
A complaint must generally be filed, i.e. be received complete by the CITT,
within 10 working days from when the complainant discovers or should reasonably have discovered a specific ground of complaint. However, if a complainant has elected first to make an objection to the procuring authority and provided the objection was made within the 10 working days timeframe described above, the complainant can still file a complaint with the CITT on the same ground of complaint as long as such complaint is filed with the CITT within 10 working days from when the government has, in fact, or on a constructive basis, denied the complainant any relief to its objection. |
| Q3. |
Can a complainant request that its complaint remain confidential? |
| A3. |
The CITT is a court of record and, as such, consistent with the rights of the parties to the protection of confidentiality, aims at putting as much as possible of the record of any proceedings in the public domain. More specifically, the grounds of complaint should be sufficiently disclosed in public to allow for a proper defence by the government. |
| Q4. |
When is a complaint complete? |
| A4. |
A complaint must be in writing, identify the complainant, the solicitation at issue and the government department and/or agency whose needs are being fulfilled. It must contain a clear and detailed statement of the facts and reasons for the complaint including a detailed and precise timeline of the events leading to and supporting the complaint. The complaint must also indicate the relief it is seeking. Furthermore, the complaint must identify a clear point of contact for the CITT to communicate and include all documents in the complainant's possession that are relevant to the complaint. |
| Q7. |
Can a complainant file more than one complaint on the same procurement with the CITT? |
| A7. |
Yes. The same procurement process can be the object of several distinct complaints by the same complainant. As well, it is possible for different complainants to complain about the same procurement for identical and/or different reasons. In these instances, each complaint is decided on its merit and a remedy, as appropriate, is recommended by the CITT. |
| Q8. |
Can I file a complaint after the contract has been awarded? |
| A8. |
Yes. Complaints are frequently filed after a contract has been awarded because complainants discover the facts at the basis of their complaint after contract award. As a general rule, any disputed government action or omission having a material influence on the award of a contract can be the subject of a complaint to the CITT. By contrast, any disputed government action that influences the execution of a contract awarded constitutes a contract administration issue, which falls outside of the CITT's jurisdiction. |
| Q11. |
Who can intervene in a procurement complaint? |
| A11. |
Any interested party i.e. a party with a direct and material interest in a complaint may file a request with the
CITT seeking intervener status. Such requests should be filed with the CITT in the form of a letter indicating why the requester is an interested party. The CITT reviews such requests expeditiously and informs the parties concerned of its decision. |
| Q15. |
When the CITT accepts a complaint for inquiry, is the inquiry
limited to the grounds of complaint or can the CITT decide the merits of any other irregularity it might uncover during its inquiry? |
| A15. |
The CITT will decide the merits of all the grounds of complaint it has accepted for inquiry. In a number of cases, additionnal grounds of complaint have surfaced while an inquiry was underway or as a result of an inquiry. Where complainants have raised these additionnal grounds of complaint in a timely manner, the CITT has considered these additional grounds of complaint on their merits. |
| Q17. |
What remedy can I expect if the CITT finds that my complaint is valid? |
| A17. |
In addition to awarding the complainant its reasonable costs incurred in filing and proceeding with a complaint, the CITT may award the complainant its reasonable costs incurred in preparing a response to the solicitation. Furthermore, the CITT may recommend such remedy as it considers appropriate, including for example, the re-solicitation of the designated contract, that the designated contract be terminated and that the contract be awarded to the complainant. The CITT may also recommend that the complainant be compensated for the loss of the contract or for the opportunity it lost. |
| Q20. |
What happens if the government does not implement the recommendations made by the CITT? |
| A20. |
The government is under an obligation to implement the recommendations of the CITT to the greatest extent possible. A complainant who is not satisfied that the government is implementing the recommendations of the CITT to the greatest extent possible may file an action in the Federal Court of Canada requiring that the government do its duty. |
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