The Vendor Complaint Process (VCP) is a method to address vendor complaints and concerns with the goal of improving the GNWT procurement process. It is an integral part of a fair and open government procurement policy. The VCP provides vendors with access to a fair and timely process to deal with their complaints and provides the GNWT with a formal method to handle complaints in an organized and consistent manner that identifies areas for improvement through thorough analysis.

You can also download a printable copy of the Vendor Complaint Process.

1. Scope of the Vendor Complaint Process

The Vendor Complaint Process (VCP) is a method to handle vendor complaints and improve the Government of the Northwest Territories (GNWT) procurement process. It is an integral part of a fair and open government procurement policy. The VCP provides vendors with access to a fair and timely process to deal with their complaints and provides the GNWT with a formal method to handle complaints in an organized and consistent manner that identifies areas for improvement through thorough analysis.

The VCP is limited to issues of procurement policy and procedures for GNWT Departments, public agencies, and other GNWT reporting bodies. It is not intended to limit access to other complaint review processes. No compensation will be awarded to a complainant under the VCP.

A complaint means a written objection submitted by a vendor regarding a bid/proposal solicitation process or contract award for goods, services, or construction. Vendor complaints originate for several reasons, real or perceived; however, all these reasons negatively reflect on the integrity of the procurement process. Some reasons include:

• specifications that are seen as vague or incomplete;
• bid preparation time too short to properly reply;
• specifications perceived as unfair, predetermined, or arbitrary;
• inconsistent application of procurement procedures; or
• violation of an applicable Trade Agreement.

Prior to initiating a complaint, vendors are strongly encouraged to resolve problems by contacting the contact person identified in the procurement documents as the first step in the process. Experience has demonstrated that there are often minor errors, omissions, or other inadvertent actions, which can be quickly clarified or corrected to the satisfaction of the complainant, thus addressing the cause of many complaints and concerns at the outset. The VCP provides an opportunity for vendors to voice complaints and may sometimes help to resolve complaints that involve no significant factual or interpretative disagreements between the parties. Fundamental disputes over facts or legal rights and obligations are, however, beyond the scope of the VCP.

2. Applicability

This complaint process applies to all procurement activity carried out by GNWT Departments, public agencies, and other GNWT reporting bodies covered under the Financial Administration Act.

3. Complaint Process

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4. Initial Concerns

The vendor should communicate its initial concerns or complaints to the Procurement/Project Officer overseeing the procurement process within 10 business days1 of the date the results of the procurement process were released. Their contact information may be obtained by emailing the contact person identified in the procurement documents. This step is intended to determine if there are clarifications or other information that could be provided that would address the concerns or complaints of the vendor. The Procurement/Project Officer should respond in writing within 10 business days. If the vendor does not receive a response, or an adequate response, within 10 business days of their submission, the vendor should send an email to vendorcomplaints@gov.nt.ca following the process set out in Section 5.

5. Complaint to Procurement Shared Services

5.1 Complaint Submission

5.1.1.    The complaint must include:If the vendor’s concerns or complaints are not adequately addressed by the Procurement/Project Officer, they may make a written complaint to the Senior Contracts Advisor at Procurement Shared Services to seek an independent review of the complaint. Such a request may only be made within 30 calendar days after the date on which the vendor received notification from the Procurement/Project Officer as to the outcome of the vendor’s initial concerns or complaints.

Vendors who submitted their initial concerns or complaints to the Procurement/Project Officer in accordance with Section 4, and by the 10th business day have not received a written response, will have an additional 5 business days to submit their complaint to Senior Contracts Advisor in accordance with this section.

5.1.2.    Complaints to the Senior Contracts Advisor are to be submitted in written form to vendorcomplaints@gov.nt.ca

5.2 Complaint Format and Information Requirements

5.2.1.    The complaint must include:

• Name, title, company name, address, e-mail address, and telephone numbers of the complainant.
• The signature of the complainant. Where an email complaint has been received, it will be deemed to have been signed by the originator of the email.
• Competition (procurement event ID) or contract number.
• A detailed description of the complaint, the background leading to the complaint, including relevant dates and actions of involved parties.
• Copies of relevant documents.
• The name of the Procurement/Project Officer contacted to review the complaint originally, and the results of those discussions or correspondence (if applicable).
• Request for a review of the complaint.
• Actions/remedies being requested of the GNWT.
• Information establishing that the person submitting the complaint is a valid complainant.
• A statement that no other review process is currently underway for the complaint.\

5.3 Processing the Complaint

5.3.1.    The Senior Contracts Advisor will gather the appropriate procurement documents, correspondence and information related to the vendor’s complaint. The Senior Contracts Advisor may also informally meet with the Procurement/Project Officer, the GNWT Department, public agency, or other GNWT reporting body and/or the complainant if they consider it necessary.

5.3.2.    The Senior Contracts Advisor will consider the merits of the complaint and may, at their discretion, dismiss a complaint on the grounds that:

• the complainant does not have sufficient interest in the subject matter of the complaint;
• the complaint is not substantiated;
• the complaint is frivolous or invalid;
• the original complaint to the Procurement/Project Officer is made more than 10 business days after notice of the results of the procurement process were released;
• the complaint to Procurement Shared Services does not comply with the timelines set out in paragraph 5.1.1.;
• the complainant did not participate in the procurement process; or
• at the same time as the complaint is received, the complainant has initiated legal action, engaged legal counsel relating to the matter, or has engaged in another review process pertaining to the complaint.

5.3.3.    Where the Senior Contracts Advisor dismisses a complaint, they will inform the complainant, in writing, and the GNWT Department, public agency, or other GNWT reporting body against which the complaint was registered and state the reasons for refusing to undertake a review. A record of the dismissal of the complaint will be retained by the GNWT.

5.3.4.    The Senior Contracts Advisor will consider all the circumstances relevant to the complaint including:

•    the seriousness of any deficiency found in the procurement process; and
•    whether the parties acted in good faith.

5.3.5.    If the complaint has been determined to have merit, possible outcomes include, but are not limited to, recommendations:

• to the GNWT Department, public agency, or other GNWT reporting body to acknowledge the validity of the complaint and to undertake a renewed commitment to policy and procedure;
• to initiate enhanced training for procurement staff;
• to the GNWT Department, public agency, or other GNWT reporting body to review an individual's expenditure and/or contract authority (i.e. authority to undertake procurement activity) and adjust as necessary;
• to initiate enhanced communication/interpretation of procurement policy;
• to change a departmental procurement procedure; or
• to change a government procurement policy.

5.4 Replying to a Complaint

5.4.1.    A report on the vendor complaint, including the outcome and reasons for the outcome, will be made by the Senior Contracts Advisor in writing no later than 30 business days after receipt of the complaint.

5.4.2.    The Senior Contracts Advisor may extend the 30 business day time requirement when, in their judgement, circumstances require it. Where this occurs, the complainant will be advised in writing of when they may expect a response.

5.4.3.    Copies of the report will be sent to the complainant, the deputy head of the contracting GNWT Department, public agency, or other GNWT reporting body, and the Comptroller General.

5.4.4.    Copies of all complaints and reports may be available to the Internal Audit Bureau, and the Auditor General, as required, or to other government officials. Copies may also be made available in accordance with the Access to Information and Protection of Privacy Act or the Auditor General Act.

5.5 Records, Documentation and Reports

5.5.1.    The Senior Contracts Advisor shall ensure that complete documentation and records of each complaint, including a record of all communications with complainants, are maintained to allow later verification by participants, auditors, or senior officials to determine whether the procurement process was carried out in accordance with government procurement policy and that the complaint was submitted and handled in accordance with the VCP.

5.5.2.    The records on each complaint reviewed by the Senior Contracts Advisor shall contain a copy of the following:

• the complaint identifying the complainant's name, address and the nature of the complaint;
• the competition documents, including the specifications or portions thereof relevant to the complaint;
• any other documents that are relevant to the complaint, including the bids/proposals received, if judged appropriate;
• a statement setting out the facts, actions and recommendations, and response to the allegations of the complaint; and
• any additional evidence or information that was necessary to review the complaint.

5.5.3.    All complaints are tracked and reported to the Office of the Comptroller General on an annual basis.

6. Request to the Comptroller General

6.1 Complaint Submission

6.1.1.    Where a complainant determines that they have not received a satisfactory response from the Senior Contracts Advisor, the complainant may make a written request to the Comptroller General to seek an independent review of the complaint. Such a request may only be made within 10 business days of the date on which they received notification from the Senior Contracts Advisor of the outcome of their complaint review process.

6.1.2.    Complaints are to be submitted in written form to:

Office of the Comptroller General Department of Finance
Government of the Northwest Territories BOX 1320
YELLOWKNIFE, NT X1A 2L9 CANADA

Email: Upon request from the complainant, the email address for the Comptroller General will be provided by the Senior Contracts Advisor.

6.2 Complaint Format and Information Requirements

6.2.1.    Complaint format and information requirements are the same as outlined in 5.2.1.

6.3 Processing the Complaint

6.3.1.    The Comptroller General will consider the request for an independent non-binding review and respond to the complainant within 15 business days. The Comptroller General may, at their discretion, reject the request and inform the complainant, in writing, outlining the reasons for rejection.

6.3.2.    If the Comptroller General determines the request for an independent review has merit, the Comptroller General will establish an independent review process to review the complaint. At the discretion of the Comptroller General, the independent reviewer may be an individual or a panel. In either case, the independent reviewers must be acceptable to both the GNWT Department, public agency, or other GNWT reporting body and the complainant.

6.3.3.    The independent reviewer will consider all information available from the Senior Contract Advisor’s decision.

6.4 Replying to a Complaint

6.4.1.    Within 30 business days of their appointment, the independent reviewer will issue a report as to their findings and outcomes. Copies of the report will be sent to the complainant, the deputy head of the contracting GNWT Department, public agency, or other GNWT reporting body, the Senior Contracts Advisor, and the Comptroller General.

6.4.2.    Copies of all complaints and reports may be available to the Internal Audit Bureau, and the Auditor General, as required, or to other government officials. Copies may also be made available in accordance with the Access to Information and Protection of Privacy Act or the Auditor General Act.

Disclaimer: Any specific GNWT position titles referenced in this document may be changed by the GNWT when deemed necessary. These situations could include, but are not limited to periods of absence or actual, potential, or perceived conflicts of interest.