The Act respecting the Autorité des marchés publics indicates the time limits within which an interested party may file a complaint pertaining to the tendering ot the awarding process of a public contract. The time limits vary depending on the type of complaint, when the complaint is filed, and the body targeted or processing the complaint.
Deadlines for filing complaints with a public body
In the context of an awarding process, an interested business can file a complaint:
- before the deadline for filing complaints indicated in the système électronique d'appel d'offres (SEAO).
Deadlines for filing complaints with the AMP
In the case of a complaint pertaining to an awarding process, an interested person can submit a complaint to the AMP:
- not later than three days after receipt of the decision handed down by a public body with which the person disagrees. When the time limit ends on a statutory holiday, it is extended to the subsequent working day. In this case, Saturday is also regarded as a statutory holiday;
- not later than the tender closing date indicated in SEAO, when no response from the public body has been received within the prescribed time;
- not later than two days before the tender closing date indicated in SEAO when the complaint concerns a change made to the tender documents less than three days before the deadline for receiving complaints.
In the case of a complaint pertaining to an awarding process (following a notice of intention), an interested person can submit a complaint to the AMP:
- in the case of disagreement with the body’s decision to maintain the conclusion of a contract by mutual agreement following an expression of interest, not later than three days after receipt of the decision;
- if, three days before the anticipated date of conclusion of a contract, no response has been received from the public body not later than one day before the anticipated date of conclusion of the contract registered in SEAO;
- if a notice of intention required by law has not been published in SEAO, a complaint can be filedat any time.