Finance

The purpose of this procedure, adopted on August 6, 2019, is to ensure the fair treatment of complaints made to the Municipality of Val-des-Monts during the process of adjudicating or awarding covered contracts.

Complaints about an adjudication process (awarding public contracts)

Interest required to file a complaint

Only an individual or a group of persons interested in participating in a current bidding process, or their representative, may file a complaint about that process.

Grounds for complaints

A person or group of persons interested in participating in a public bidding process, or their representative, may file a complaint about the process if they believe the bidding documents…

• Do not ensure that competitors are treated honestly or fairly.
• Do not allow competitors to participate despite being able to meet the requirements.
• Do not comply with Val-des-Monts’ regulatory framework or standard practices.

How and when to submit a complaint

• All complaints must be sent by email to the designated official at plainteao@val-des-monts.net.
• Complaints must be submitted on the form provided by the Autorité des marchés publics on its website.
• Complaints must reach the designated official by the deadline indicated on the SEAO website (Système électronique d’appel d’offres).

Contents of the complaint

Complaints must include the following:

• Date.
• Complainant’s contact information (name, address, telephone number, email).
• Request number (SEAO reference number) and title of the tender being challenged.
• Detailed statement of the grounds for the complaint.
• All relevant documents supporting the complaint, if applicable.
• All other information required by the Autorité des marchés publics on its complaint form.

Complaint eligibility criteria

For a complaint to be considered by the designated official, it must…

• Be filed by an interested person, as indicated in section 5.1.
• Be emailed to the designated official.
• Be submitted on the form prescribed by the Autorité des marchés publics under section 45 of the Act respecting the Autorité des marchés publics (R.S.Q., c. A-33.2.1).
• Be received by the designated official by the complaint deadline posted on the SEAO site.
• Relate to a tendered contract.
• Deal with the content of the public-tender documents posted on the SEAO site no later than two days before the complaint deadline.
• Be based solely on one of the grounds in Section 5.2 (no other grounds will be considered).

Receiving and processing a complaint

Upon receiving a complaint, the designated official reviews it in accordance with this provision and assesses if the complainant has a legitimate interest based on section 5.1.

• If the official determines that the required interest doesn’t exist, he or she immediately notifies the complainant by email (see template in Appendix 1) to that effect.
• If the complainant’s interest is legitimate, the designated official promptly posts the receipt of the complaint on the SEAO website, while ensuring that the other eligibility criteria in Section 5.5 have been met.

If the complaint is found to be ineligible under the provisions of Section 5.5 c) of this procedure, the complainant must be promptly notified by email.

In processing the complaint, the designated official can retain the services of external resources. When the audits and analyses show that the complaint is legitimate, the designated official must accept the complaint and deal with it accordingly. If not deemed legitimate, the complaint must be rejected.

Decision

By law, the designated official must send the decision to the complainant by email after the deadline for receiving complaints on the SEAO website, but no later than three days before the scheduled deadline for receiving submissions. If necessary, the deadline for receiving submissions can be extended, with the new date posted on the SEAO website.

When more than one complaint is received for the same bidding process, the designated official forwards the decisions simultaneously.

If necessary, the designated official extends the deadline for receiving submissions so that at least seven days remain after the decision is issued. The extended deadline is posted on the SEAO website.

The decision must indicate to the complainant that he or she has three days after receiving the decision to file a complaint with the Autorité des marchés publics, in accordance with section 37 of the Act respecting the Autorité des marchés publics.

The designated official immediately mentions the transmission of the decision on the SEAO site.

Expressions of interest (EOIs) in and complaints about an award process

Reason for EOIs

A person may express interest in a contract that is the subject of a notice of intent when that person believes he or she can fulfill the requirements and obligations in the notice published on the OAIS website.

How and when to submit an EOI

All expressions of interest must be sent by e-mail to the designated person at the following address: plainteao@val-des-monts.net.

The expression of interest must reach the designated official by the deadline specified in the notice of intent published on the SEAO website.

Content of an EOI

The expression of interest must contain the following information:

• The date.
• The identity of the person interested in entering into the contract with Val-des-Monts (name, address, telephone number and email).
• The notice of intent published on the SEAO site (contract number, SEAO reference number and tender title).
• Detailed description and documentation demonstrating that the person can fulfill the contract according to the requirements and obligations in the notice of intent.

Critères d’admissibilité d’une manifestation d’intérêt

For an EOI to be considered by the designated official, it must:

• Be sent by e-mail to the designated official.

• Reach the designated official on or before the deadline specified in the notice of intent on the OAIS website.

• Pertain to a covered contract.

• Be based solely on the grounds listed in section 6.1 of this procedure.

Receiving and processing expressions of interest (EOI)

After receiving an EOI, the designated official reviews and analyzes it according to this provision.

If the EOI is ineligible for any of the reasons set out in section 6.4, the disqualification is considered a decision within the meaning of the Act, and the template for the disqualification notice is attached as Appendix 6 to this procedure.

The designated official ensures that the eligibility criteria in section 6.4 are being met. And in agreement with the contracting authority or with the requesting department, he or she sets out the oversight mechanisms that must come into play to ensure the person’s ability to fulfill the contract according to the terms and conditions listed in the notice of intent (call for tenders).

In processing the expression of interest, the designated official may enlist the services of outside resources.

Decision

At least seven days before the date set out in the notice of intent to conclude the contract, the designated official must email the decision to the person having expressed an interest.

If this deadline can’t be met, the date for concluding the contract must be extended for as many days as it takes to comply with the deadline.

The decision must indicate to the person having expressed an interest that he or she has three days after receiving the decision to file a complaint with the Autorité des marchés publics, in accordance with section 38 of the Act respecting the Autorité des marchés publics.

The designated official must decide whether to go ahead with the proposed contract (the acceptance template is attached as Appendix 7, and a rejection decision template is attached as Appendix 8).