In order to initiate a formal notice of protest under this procedure, please follow the instructions below:
- If the Complainant is a Bidder, they must have requested and received a telephone debriefing prior to initiating a formal protest under this procedure.
- All protests must be received in writing by the Manager of Legal and Support Services no later than fifteen (15) Calendar Days after the date of notification of the outcome of the selection process. Any protest not received within the fifteen (15) Calendar Day period may not receive further consideration.
- The written notice of protest must clearly state the Bid Request name and number, nature of the complaint, history of events leading to the complaint (including relevant dates), previous discussions with Bid Request Contact and actions being requested of the Owner.
- The Manager of Legal and Support Services will make every effort to acknowledge the notice of protest expeditiously.
- On receipt of the notice of protest, the Manager of Legal and Support Services will review the complaint to determine if further action is appropriate. A complaint may be dismissed without further consideration, where:
- the Complainant has not requested and received a debriefing;
- the notice of protest is received more than five (5) Calendars Days after the debriefing; or
- the complaint is, in the opinion of the Manager of Legal and Support Services frivolous or invalid or otherwise inappropriate for consideration.
If the complaint is dismissed, the Manager of Legal and Support Services will notify the Complainant of the reason for dismissal.
If the contract value is over $100,000, should the Bidder continue to have concerns and is not satisfied with the decision, the Bidder may then request in writing to the General Manager of Corporate & Social Services, a mediator to assist in resolving any outstanding issues between the Complainant and the Owner. The recommended mediator will be approved by both the Complainant and the Owner and will be selected from the ADR Institute of Ontario Inc.
The mediator will be required to provide their findings no later than 90 (ninety) Calendar Days (or 135 Calendar Days in extenuating circumstances) from the receipt of the complaint. The following conditions will apply:
- Costs for the mediator will be shared equally between the Bidder and the Owner.
- If the parties cannot themselves agree on a mediator, one will be appointed by the ADR Institute of Ontario Inc. from its roster of mediators.
- Any resolution reached through the mediation process shall remain confidential if requested by either of the parties.
- If legal action has already been initiated related by the complainant, you may not use the bid dispute process.
- Remedies available if there is a breach of a procurement requirements will be made through corrective action or financial compensation. Financial compensation will be limited to either the costs for preparing the bid or the costs relating to the bid dispute, or both.