Trade Tribunal Dismisses Arctic Boom Complaint

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.