Supplier Zone

Montréal Archaeology and History Museum Society, Pointe-à-Callière

Complaint Handling Procedure for Public Contracts

In accordance with article 573.3.1.3 of the Cities and Towns Act, public bodies subject to the Autorité des marchés publics Act are required to adopt a procedure for the receipt and examination of complaints.

To preserve the rights of complainants, any complaint related to the awarding or allocation of a public contract submitted to the Montréal Archaeology and History Museum Society, Pointe-à-Callière must be made in accordance with this procedure.

CHAPTER 1

Section 1 - Definitions

In this procedure, the following terms and expressions mean:

a) Targeted contract: A contract for the execution of works or for the provision of insurance, equipment, materials, or services, including professional services, that the Society may conclude involving an expenditure equal to or exceeding the minimum threshold for public tenders;
b) CTA: Cities and Towns Act (CQLR, c.C-19);
c) Awarding process: Any public tender process underway leading to the awarding of a targeted contract;
d) Allocation process: Any process aiming to allocate a contract by mutual agreement, involving an expenditure equal to or exceeding the minimum threshold for public tenders, to a single supplier, who is the only one able to provide the required materials, equipment, or services, in accordance with article 573.3.0.0.1 of the CTA;
e) Designated officer: The person responsible for the implementation of this procedure;
f) SEAO: The government-approved electronic tendering system;
g) PAC: The Montréal Archaeology and History Museum Society, Pointe-à-Callière.

Section 2 - Purpose

In accordance with PAC's contract management policy and article 573.3.1.3 of the CTA, PAC must adopt a procedure for the receipt and examination of complaints made within the framework of the Awarding Process and the Allocation Process of its contracts.

The purpose of this procedure is to ensure fair handling of complaints made to PAC in the context of an Awarding Process or an Allocation Process.

Section 3 - Designated Officer

In accordance with article 33 of the Act to facilitate oversight of public body contracts and instituting the Autorité des marchés publics (CQLR, 2017, c. 27), PAC’s board of directors delegates the implementation of this procedure to the Director of Operations.

CHAPTER 2

Measures for the Awarding Process of a Targeted Contract

a) Required Interest to File a Complaint

In the context of an ongoing Awarding Process, only a person or group of persons interested in participating in this process, or their representative, may file a complaint.

b) Grounds for a Complaint

Any person mentioned in paragraph a) may file a complaint regarding the Awarding Process only if the public tender documents:

Contain conditions that do not ensure fair and equitable treatment of competitors;
Do not allow qualified competitors to participate;
Are not compliant with the regulatory framework applicable to PAC.

c) Methods and Deadline for Submitting a Complaint

All complaints must be submitted electronically to the Designated Officer at the following email address: [email protected]
Complaints must be presented and duly completed on the form determined by the Autorité des marchés publics available on its website. https://amp.quebec/en/file-complaint/complaint-public-body/
Complaints must be received by the Designated Officer no later than the complaint submission deadline indicated in the SEAO.

d) Admissibility Criteria for a Complaint

To be reviewed by the Designated Officer, a complaint must meet the following conditions:

Be submitted by an interested party as defined in article a) of chapter 2 above;
Be submitted electronically to the Designated Officer;
Be presented on the form determined by the Autorité des marchés publics under article 45 of the Act to facilitate oversight of public body contracts and instituting the Autorité des marchés publics (CQLR, 2017, c.27);
Be received by the Designated Officer no later than the complaint submission deadline indicated in the SEAO;
Concern a Targeted Contract;
Concern the content of the public tender documents available in the SEAO no later than two (2) days before the complaint submission deadline;
Be based on one of the grounds listed in article b) of chapter 2 of this procedure.

e) Receipt and Handling of a Complaint

Upon receipt of a complaint, the Designated Officer ensures that the complainant is a person with the required interest. If the complainant has the required interest, PAC notes the receipt of the first complaint in the SEAO.

f) Decision

The Designated Officer ensures that the admissibility criteria listed in article d) of chapter 2 are met.
If the complaint is admissible, the Designated Officer analyzes the grounds of the complaint and makes a decision.
The Designated Officer must send the decision to the complainant electronically after the complaint submission deadline indicated in the SEAO, but no later than three days before the bid submission deadline. If necessary, the bid submission deadline is extended and this new deadline is published in the SEAO.
If necessary, the Designated Officer extends the bid submission deadline so that a minimum of seven days remains from the date of the decision. This new deadline is published in the SEAO.
If multiple complaints are received for the same tender, the Designated Officer sends the decisions simultaneously.
The decision must inform the complainant that they have three days from the receipt of the decision to file a complaint with the Autorité des marchés publics.
The Designated Officer promptly notes the transmission of the decision in the SEAO.

Measures for the Allocation Process for a Single Supplier

a) Notice of Intent

In the context of an Allocation Process for a contract by mutual agreement with a single supplier of materials, equipment, or services under paragraph 2 of the first subparagraph of article 573.3., PAC must publish a notice of intent in the SEAO at least 15 days before the conclusion of the contract, allowing any person to express interest in concluding this contract, in accordance with the terms of article 573.3.0.0.1 of the CTA.

b) Expression of Interest Notice

A person may submit a notice to express interest in a contract subject to a notice of intent if they can demonstrate that they can fulfill the contract based on the needs and obligations stated in the notice of intent published in the SEAO.

c) Methods and Deadline for Submitting an Expression of Interest Notice

All expressions of interest must be submitted electronically to the Designated Officer at the following email address: [email protected]
They must be received by the Designated Officer no later than the deadline set in the notice of intent published in the SEAO, which must be at least five days before the planned contract conclusion date.

d) Content of an Expression of Interest Notice

The expression of interest notice must include the following information:

Date;
Identification and contact information of the person interested in concluding the contract with PAC;
Identification of the notice of intent published in the SEAO;
Detailed statement and documentation demonstrating that the person is able to fulfill the contract based on the needs and obligations stated in the notice of intent.

e) Eligibility Criteria for an Expression of Interest Notice

To be reviewed by the Designated Officer, an expression of interest notice must meet the following conditions:

Be submitted electronically to the Designated Officer;
Be received by the Designated Officer no later than the deadline set in the notice of intent published in the SEAO;
Concern a contract described in article a) above;
Be based on the sole ground listed in article b) above.

f) Receipt and Handling of the Expression of Interest

The Designated Officer ensures that the eligibility criteria listed in article e) above are met.
If the expression of interest is admissible, the Designated Officer examines and analyzes the grounds to ensure the person’s capability to fulfill the contract based on the needs and obligations stated in the notice.
During the review of the expression of interest, the Designated Officer may use external resources.
The Designated Officer must, if the verifications and analyses demonstrate that the person can fulfill the contract, accept the expression of interest and recommend not to conclude the contract by mutual agreement. Otherwise, the Designated Officer recommends continuing the allocation process with the single supplier.

g) Decision

The Designated Officer must send the decision to the person who expressed interest, electronically, at least seven days before the planned contract conclusion date.
If this deadline cannot be met, the contract conclusion date must be postponed by the number of days needed to meet it.
The decision must inform the person who expressed interest that they have three days from the receipt of the decision to file a complaint with the Autorité des marchés publics in accordance with article 38 of the Act.

CHAPTER 3

Entry into Force

This procedure comes into force from the date it is made available on PAC’s website.