Complaint filed with the AMP
In certain situations, an interested individual can file a complaint with the Autorité des marchés publics (AMP) depending on the type of contract in question.
- having indicated his interest in fulfilling a contract following a notice of intention a complainant disagrees with the decision that the public body hands down;
- a complainant has received no response from the public body after expressing his interest;
- a public body has failed to publish the notice of intention required by the Act respecting the Autorité des marchés publics.
To file a complaint with the AMP, use the electronic form provided for this purpose. Please complete each section with accurate, complete information to avoid delays in processing the complaint.
The AMP’s decision
When the AMP makes a decision following a complaint, it informs all of the interested parties and the système électronique d’appel d’offres of it. Several outcomes are possible, depending on the nature of the complaint.
Disagreement with a public body’s decision
If you or your business disagree with the decision made by a public body following the processing of your complaint or your expression of interest, you can contact the Autorité des marchés publics. The AMP must receive the complaint not later than three days after the receipt of the public body’s decision.
The AMP will then conduct a preliminary analysis of the complaint to determine its admissibility. To obtain additional information, please consult the section entitled Reasons for dismissing a complaint filed with the AMP.
If the AMP deems the complaint admissible, it will ask the public body concerned to submit to it its observations on the complaint in question.
The AMP has 10 days from the time of receipt of the observations to hand down a decision. It can extend this time limit if it deems it necessary to do so. In certain cases, the AMP and the public body can jointly agree on the maximum duration of such additional time.
If the AMP does not hand down a decision before the conclusion of the time limit set, the Act respecting the Autorité des marchés publics stipulates that the contract tendering or awarding process of the public body is deemed to conform to the normative framework applicable to it, which allows it to pursue its contracting process without modifying it.
Following the examination of a complaint focusing on a tendering process, the AMP can:
- confirm the decision of a public body, that is, allow the awarding process to proceed without changes to the tender documents;
- order a public body to modify its tender documents or recommend that a municipal body do so;
- order a public body to cancel the public call for tenders under way or recommend that a municipal body do so.
Following the examination of a complaint focusing on an awarding process, the AMP can:
- confirm the decision of a public body, that is, allow the awarding process to proceed;
- order a public body not to pursue its intention to conclude by mutual agreement a public contract and launch a public call for tenders or recommend that a municipal body do so;
- notify the public body and the contractor that a contract concluded by mutual agreement is cancelled as a matter of right if no notice of intention has been published.
The AMP’s recommendations are public and will be available in the Decisions section of our website.
No response from a public body following the submission of a complaint
It is possible to file a complaint directly with the AMP when a complaint lodged with a public body has not been answered three days before the tender closing date indicated in SEAO.
Where necessary, a public body that wishes to modify the tender document can do so by publishing an addendum in SEAO. Such addenda must be published before the date of opening of the bids.
If an addendum is published more than two days before the deadline for receiving complaints indicated in SEAO, it is possible to file a complaint with the public body.
On the other hand, if an addendum is produced after that date, it is possible to file a complaint directly with the AMP.
Absence of publication of a notice of intention
If no notice of intention has been published in respect of a contract by mutual agreement covered by the Act respecting contracting by public bodies, the AMP orders the cancellation of the contract as a matter of right.
However, if the public body can show that such a cancellation would not serve the public interest (emergency, critical situation, and so on), the AMP could decide to maintain the contract.
In the case of a municipal body, the AMP will recommend the cancellation of the contract.
Withdrawal of a Complaint
At any time, it is possible to withdraw a complaint submitted to the AMP. To do so, use the withdrawal of complaint form.
Please note that you will need the withdrawal code previously transmitted by the AMP.