Make a complaint about a government-awarded contract

If your bid wasn't successful, you can ask for a debrief.

1. Find out which company got the contract. Visit the Tender Management System website.
2. You'll find the project manager's contact information in the tender documents.
3. Email or phone the project manager to discuss the procurement process.

A formal complaint is also known as a bid challenge. It's a formal dispute resolution approach to hear complaints about a tendering process. An impartial Bid Challenge Committee will determine if:

• the Contract and Procurement Regulation and the Procurement Policy were followed during the tendering process;
• all bidders or proponents were treated in a fair and consistent manner; and
• the dispute can be resolved without using the courts.

Can I make a bid challenge?

If you submitted a bid or proposal and have concerns, you can put forward a bid challenge.

You must submit your bid challenge:

• within 60 days after the tender closes; or
• 15 days after the contract is awarded, whichever is later.

You can read the Bid Challenge Process brochure for more information.

What information do I need to provide?

You must send a letter to the Bid Challenge Committee stating you are submitting a bid challenge. Include:

• specific details about what happened; and
• how you found the process to be unfair.

Submit your letter to the Bid Challenge Committee Secretariat.
In person: 101-104 Elliott Street in Whitehorse
Email: bccsecretariat@gov.yk.ca
Fax: 867-393-6218
Mail:
Bid Challenge Committee Secretariat
101-104 Elliott Street,
Whitehorse, Yukon Y1A 2C6

What can I expect once I submit a bid challenge?

The Bid Challenge Committee Chair will review your bid challenge letter to consider:

• if you responded to the tender in question;
• your role within your organization and relation to the tender process and contract award; and
• whether your complaint is substantive, serious, or made in good faith.

If there is a need for a hearing, you will be contacted for scheduling.

Who is on the Bid Challenge Committee?

The Bid Challenge Committee is made up of members appointed by the Minister:

• chair — chosen from the private sector;
• alternate chair — chosen from the private sector; and
• 5 people from the private sector.

When do I get a hearing?

• Hearings are set up by the secretariat.
• The secretariat will contact you by phone or email to confirm a time with you.
• Hearings are scheduled at a time and location for you and the Government of Yukon procurement authority to present to the Bid Challenge Committee.

What happens at a hearing?

• The Bid Challenge Committee will hear all the information presented by you and by the procurement authority in a one-day hearing.
• The committee must decide whether errors or unfairness occurred.
• The committee will recommend:
  • improvements to the procurement process; or
  • compensation to you.

What happens after the hearing?

Following the hearing:

1. The committee will discuss your submission privately before reaching a decision and recommendations which may include compensation.
2. You will receive a copy of the committee's report by email. This report is also sent to the procurement authority's Deputy Minister.
3. The procurement authority's Deputy Minister will respond in writing. They will outline actions to change or correct procurement practices.

The Deputy Minister will also consider any compensation recommendation that the committee may make.