41.3. In the case of an ongoing public call for tenders, only a person or group of persons interested in participating in the awarding process or the representative of such a person or group may file a complaint about the process on the grounds that the tender documents contain conditions that do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the normative framework.
The complaint must be filed with the mixed enterprise company not later than the complaint filing deadline indicated on the electronic tendering system approved by the Government, if applicable. That deadline is determined, subject to the third paragraph, by adding to the date of the notice of the public call for tenders a period corresponding to half the time for receiving tenders but which may not be less than 10 days.
The mixed enterprise company must ensure that there is a period of at least four working days between the tender closing date and the complaint filing deadline.
Such a complaint may pertain only to the content of the tender documents available on the electronic tendering system not later than two days before that deadline.
The complainant shall, without delay, send a copy of the complaint to the Autorité des marchés publics for information purposes.
On receiving a first complaint, the mixed enterprise company must make an entry to that effect on the electronic tendering system without delay, after having ascertained the complainant’s interest.
Any amendment made to the tender documents before the complaint filing deadline indicated on the electronic tendering system that modifies the tender closing date defers the complaint filing deadline by a period corresponding to half the number of days by which the tender submission period was extended.
Any amendment made three days or less before the tender closing date results in a minimum three-day deferral of that date. However, the deferral must be such as to ensure that the day preceding the new tender closing date is a working day.
For the purposes of this section, Saturday is considered a holiday, as are 2 January and 26 December.
2017, c. 272017, c. 27, s. 2131.