Complaints and disclosures

In compliance with Bill 108, the Act to facilitate oversight of public bodies’ contracts and to establish the Autorité des marchés publics (AMP), the Ministère has adopted the Procédure portant sur la réception et l’examen des plaintes (21.0.3 LCOP), a procedure for receiving and examining complaints (21.0.3 of Bill 108 [AOPC]) about the tendering or awarding of a public contract.

Complaint

Before filing a complaint with the Ministère, please ensure that it is the appropriate course of action. To obtain information or clarifications, you can contact the resource person identified by the Ministère in the notice published in the Système électronique d’appel d’offres (SEAO) (electronic tendering system).

To file a complaint about the tendering process for a public contract, you must:

  1. Complete the online complaint form Cet hyperlien s'ouvrira dans une nouvelle fenêtre., available in French only.

    The observations, explanations and remarks associated with the complaint must be accurate and detailed because the Ministère’s decision will be based on them.

  2. Email the form to the Ministère at this email address: plainte.gestioncontractuelle[a]education.gouv.qc.ca
  3. Immediately send a copy of the complaint to the Autorité des marchés publics (AMP) at this email address: formulaire.plainte[a]amp.gouv.qc.ca

If the complaint concerns the awarding of a contract by mutual agreement, please send an email expressing your interest in carrying out the contract to the address indicated on the notice of intention: appeloffres[a]education.gouv.qc.ca

Conditions

The complaint must be about one of the following contracting processes:

  • a public call for tenders that is currently underway
  • the certification of goods
  • the qualification of suppliers, service providers or entrepreneurs 

where the documents pertaining to this call for tenders or the modifications made to their content, which are published in SEAO:

  • contain conditions that do not ensure honest, fair treatment of competitors
  • do not allow competitors to participate although they are qualified to meet the stated needs
  • are otherwise not compliant with the normative framework

The complaint may also be about the conclusion of a contract by mutual agreement if, after the publication of a notice of intention in SEAO, the related documents published in SEAO do not allow competitors to participate although they are qualified to meet the stated needs.

Eligible complainants

Only the following may file a complaint with the Ministère:

  • an enterprise or a group of enterprises interested in participating in the awarding process or its representative may file a complaint about the process (21.0.4 AOPC)
  • an enterprise that is able to carry out the contract by mutual agreement covered by the award process may demonstrate that it is capable of carrying out the mandate under the conditions stated in the notice of intention

Admissibility of the complaint

To be admissible, the complaint:

  • about a tendering process:
    • must be submitted electronically using the complaint form Cet hyperlien s'ouvrira dans une nouvelle fenêtre., available in French only
  • about an awarding process:
  • be received by the deadline specified in SEAO
  • meet the conditions listed in Section 4 of the Procédure portant sur la réception et l’examen des plaintes (21.0.3 LCOP) (procedure for receiving and examining complaints (21.0.3 AOCP)

Inadmissible complaints:

  • abusive, frivolous or clearly unfounded complaints
  • anonymous complaints or complaints containing hateful or offensive statements
  • complaints not submitted in accordance with the procedure established by Ministère or received after the deadline
  • complaints submitted by complainants without a vested interest
  • complaints about an amendment ordered or recommended by the AMP
  • requests for access to a document

Time period for filing a complaint

The complaint must reach the Ministère electronically by the deadline specified in SEAO.

Handling of the complaint

  • Once the electronic complaint form is emailed to the Ministère, you will receive an email acknowledging receipt and assigning you a file number. Please keep this email so you can follow up on your file with the Ministère.
  • If the business does not follow the procedure established by the Ministère for receiving and studying the complaint, someone will contact you to provide guidance as to the next step to take.
  • You will receive the decision by email, and this response will indicate one of the following:
    • why the complaint was rejected for lack of vested interest
    • why the complaint was deemed inadmissible
    • that the complaint is being handled

Right to access information and have it corrected

Under the Act respecting Access to documents held by public bodies and the Protection of personal information, you have the right to consult information that you have provided in filing your complaint and to ask for correction of any inaccurate, incomplete or ambiguous information. To do so, please contact the Ministère at this email address: plainte.gestioncontractuelle[a]education.gouv.qc.ca .

Recourse to the Autorité des marchés publics (AMP)

If you disagree with a decision rendered by the Ministère, you may lodge a complaint with the AMP within three days of having received the decision.

If, no later than three days before the deadline for receiving bids, you have not received a decision from the Ministère, you may also lodge a complaint with the AMP by that date at the latest.

 

Contact us

Direction des ressources matérielles et de la gestion contractuelle
Édifice Marie-Guyart, 27e étage
1035, rue De La Chevrotière
Québec (Québec)  G1R 5A5

 

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