Challenge process

In the Public Services and Procurement Canada (PSPC) Supply Manual, the challenge process is the route a supplier follows to raise concerns or complaints about a federal procurement. It begins with contacting the contracting authority. Where it applies, it continues to a review by the Canadian International Trade Tribunal (CITT) or the Office of the Procurement Ombud (OPO).

The term is listed as section 1.35 of the PSPC Supply Manual, with section 1.35.1 covering the CITT. Two other uses of similar wording exist in Canadian federal practice: PSPC's internal challenge function, and the challenge process of the Independent Review Panel for Defence Acquisition. This page explains all three so that bid teams know which one a document is referring to.

How a supplier challenge starts with the contracting authority

CanadaBuys recommends that a supplier first contact the contracting authority about an objection or a complaint concerning a rejected bid submission. The guidance is set out on the CanadaBuys page Following up on a bid. The contracting authority is the named contact in the solicitation, so the first step is a direct conversation or written message to that person.

If the institution does not resolve the objection, the supplier can pursue an external remedy. Depending on the procurement, that means the CITT, the OPO or, where applicable, a court. Each route has its own deadline.

External routes: the CITT and the Office of the Procurement Ombud

The CITT route generally concerns complaints about federal procurements covered by the applicable trade agreements and tribunal rules. According to CanadaBuys, in most cases a bidder has 30 working days after public notice of the contract award to file a written complaint. Where no public notice was issued, the 30 working days run from the point when the bidder knew or should have known of the award.

The OPO is an impartial, independent venue for complaints about certain federal contracts below stated thresholds. CanadaBuys sets those thresholds at under $33,400 for goods and under $133,800 for services. A supplier therefore needs to check the value and type of the contract before deciding which body to approach.

The challenge function inside PSPC

The Supply Manual also uses the related term challenge function. Chapter 1 of the Supply Manual describes it as asking questions and proposing alternative solutions to issues throughout the procurement process. Its purpose is to make sure the procurement objective is met, the appropriate goods or services are acquired, and the process is fair, open, transparent and compliant with applicable statutes, regulations, agreements, policies and procedures.

PSPC contracting officers are expected to exercise the challenge function at all stages of the procurement process. It is an internal governance role, not a complaint mechanism for suppliers, and it should not be confused with the supplier-facing process above.

The defence acquisition review panel's challenge process

The Independent Review Panel for Defence Acquisition uses the phrase in a different sense. On its challenge process page, the panel reviews major military projects and challenges each project's High Level Mandatory Requirements. This review examines military capability requirements before procurement decisions are finalized. It is not a bidder complaint route.

What the challenge process means for a supplier

Federal requests for proposals can direct bidders with procurement concerns to the CanadaBuys Challenge Process page and warn that strict deadlines apply to complaints before the CITT or the OPO. Examples appear in Royal Canadian Mounted Police solicitations such as this RCMP request for proposal and this request for proposal.

• Read the challenge-process instructions in every solicitation before you bid.
• Raise objections with the contracting authority first.
• Note the contract value and type to see whether the CITT or the OPO applies.
• Track the filing deadline from the date of award notice, or from when you knew of the award.