Part INoticePublished: July 11, 2020

Trade Tribunal Dismisses Arctic Boom Complaint

Canada Gazette, Part I, Volume 154, Number 28: COMMISSIONS

On June 26, 2020 the Canadian International Trade Tribunal found a procurement complaint by Griffin Engineered Systems about an arctic anti-pollution boom to be not valid. The procurement was run by Public Works and Government Services Canada on behalf of the Department of National Defence under solicitation W0100-200113/A, so the contract award was not overturned by this challenge.

Published
July 11, 2020
Department
Unavailable
Section
CANADIAN INTERNATIONAL TRADE TRIBUNAL
Comment deadline
Unavailable
Effective date
June 26, 2020
Publication part
Part I

Summary

Summary#

On June 26, 2020, the Canadian International Trade Tribunal decided that a complaint by Griffin Engineered Systems (Dartmouth, Nova Scotia) about a federal procurement for an arctic anti-pollution boom was not valid. The procurement was run by Public Works and Government Services Canada (PWGSC) on behalf of the Department of National Defence under Solicitation W0100-200113/A.

What it does#

  • Reviews the Tribunal’s finding in File No. PR-2019-061 (decision dated June 26, 2020): the Tribunal examined the evidence and relevant trade-agreement rules and concluded the complaint was not valid.
  • Describes the complaint: Griffin Engineered Systems alleged that PWGSC did not evaluate the winning bid according to the solicitation documents.
  • Notes the legal reference used: the complaint was made under subsection 30.11(1) of the Canadian International Trade Tribunal Act.

Who's affected#

  • Griffin Engineered Systems, the company that filed the complaint.
  • Bidders for the specific federal contract for an arctic anti-pollution boom, including the unnamed winning bidder.
  • Public Works and Government Services Canada and the Department of National Defence, as the buyer and department using the equipment.
  • Suppliers and businesses that provide oil-spill response equipment in Canada.
  • The general public and communities concerned with northern and marine pollution response, since the procurement is for equipment used in spill response.

Why it matters#

  • A tribunal decision that a complaint is not valid means the challenge did not succeed. That reduces the chance the procurement award will be overturned because of this complaint.
  • For suppliers, it signals how strictly procurement evaluation practices may be reviewed by the Tribunal.
  • For the public and northern communities, it relates to who supplies equipment used in arctic oil-spill response and how quickly that equipment can be delivered and put into service.
  • The notice does not name the winning bidder or say what happens next, so some practical details remain unclear from the Gazette entry.

Key topics

Canadian International Trade Tribunal ActCanadian International Trade TribunalGriffin Engineered SystemsPublic Works and Government Services CanadaDepartment of National DefenceW0100-200113/Aarctic anti-pollution boomprocurementoil-spill response equipmentsubsection 30.11(1)trade agreementsCanadian International Trade Tribunal Secretariat

Source: Canada Gazette

Official source