Tribunal dismisses SL Ross; opens two inquiries

Summary#

The Canada Gazette published notices from the Canadian International Trade Tribunal on April 17, 2021 about three procurement complaints. The Tribunal dismissed a complaint by SL Ross Environmental Research Limited on April 9, 2021, and decided to open inquiries into complaints from Aqua Valley Water (decision March 30, 2021) and CTS Defence Inc. (decision April 6, 2021).

What it does#

• Dismissed the complaint by SL Ross Environmental Research Limited (File No. PR-2020-073) about a Department of Fisheries and Oceans procurement (Solicitation No. F5211-210003). SL Ross said its bid was unfairly scored because parts were called duplicative and did not meet rated criteria. The Tribunal found the complaint not valid on April 9, 2021.
• Decided to hold an inquiry into a complaint by Aqua Valley Water (File No. PR-2020-098) about a procurement by Public Works and Government Services for Department of National Defence (Solicitation No. W0102-22001D/A). Aqua Valley says it was misled by the procuring entity. The decision to inquire was made on March 30, 2021.
• Decided to hold an inquiry into a complaint by CTS Defence Inc. (File No. PR-2020-102) about a procurement by Public Works and Government Services for Department of National Defence (Solicitation No. W8485-20SC07/A). CTS Defence alleges the mandatory requirements were wrongly interpreted. The decision to inquire was made on April 6, 2021.

Who's affected#

• The direct parties: SL Ross Environmental Research Limited, Aqua Valley Water, and CTS Defence Inc.
• The federal departments named: Department of Fisheries and Oceans, Public Works and Government Services, and Department of National Defence.
• Businesses that bid on similar federal contracts for environmental science, bottled water and cooler services, or aircraft leasing — they may notice procurement practices or outcomes if the inquiries change how these tenders are handled.
• The notice does not say any other groups are affected.

Why it matters#

• Procurement complaints check whether federal buying processes are fair. A dismissal means this complaint will not change the contract at issue. Inquiries mean the Tribunal will investigate and could later order remedies or changes.
• If you bid on government contracts, these kinds of Tribunal actions can affect whether a competition is reopened, changed, or stays the same.
• The Gazette notice gives a contact for more information: the Tribunal’s Deputy Registrar (telephone 613‑993‑3595, email citt-tcce@tribunal.gc.ca). The notice does not say what outcomes (if any) will follow from the two inquiries.