Trade Tribunal: Body Armour Ruling and Inquiry

Summary#

Two notices from the Canadian International Trade Tribunal appeared in the Canada Gazette. On October 1, 2024, the Tribunal found a complaint by TYR Tactical Canada ULC not valid; and on September 26, 2024 it decided to open an inquiry into a complaint by White Bear Industries Ltd. about a different federal procurement.

What it does#

• The Tribunal completed an inquiry into a procurement for dismounted infantry systems and related services (solicitation WS3836953161) on behalf of the Department of National Defence, and determined the complaint by TYR Tactical Canada ULC was not valid. TYR had argued that Public Works and Government Services Canada (PWGSC) refused a debrief meeting and did not properly explain why TYR was not chosen for an initial contract.
• The Tribunal accepted a complaint from White Bear Industries Ltd. and decided to hold an inquiry into the rejection of its bid on a highway maintenance and repair contract (solicitation WS4269687423) for a portion of the Alaska Highway in British Columbia. White Bear alleges its bid was rejected because of alleged past misconduct and that the rejection was arbitrary and breached applicable trade agreements.

Who's affected#

• Companies that bid on the two specific procurements, especially:
  • TYR Tactical Canada ULC and other suppliers of military body armour and infantry systems.
  • White Bear Industries Ltd. and other contractors for highway maintenance on the Alaska Highway.
• Public Works and Government Services Canada (PWGSC) and the Department of National Defence, since the disputes involve their contracting decisions.
• Local communities and road users in the affected section of the Alaska Highway could be indirectly affected if the inquiry changes who holds the maintenance contract.
• If unclear: the notices do not say whether other bidders or Indigenous groups are involved.

Why it matters#

• A finding that a complaint is not valid means the Tribunal did not find legal fault with how that procurement was handled, so the procurement outcome for the dismounted infantry systems stands as is.
• The decision to launch an inquiry can lead to a formal review of PWGSC’s bid rejection. If the Tribunal finds problems, it could affect the highway maintenance contract award or lead to remedies for the complainant. That could change which company performs work and how future federal procurements are handled.