DELOITTE INC.
v.
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES
File No. PR-2014-055

Order issued
Thursday, April 2, 2015

IN THE MATTER OF a complaint filed by Deloitte Inc. pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.);

AND FURTHER TO a request filed by Deloitte Inc. for an order directing the Department of Public Works and Government Services to file certain documents;

AND FURTHER TO a request filed by Deloitte Inc. for an extension of time to file comments on the Government Institution Report.

BETWEEN

DELOITTE INC. Complainant

AND

THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES Government Institution

ORDER

The Canadian International Trade Tribunal grants the requests.

Having reviewed the request for the production of documents filed by Deloitte Inc. dated March 20, 2015, the submissions by the Department of Public Works and Government Services dated March 26, 2015, and the reply by Deloitte Inc. dated March 31, 2015, the Canadian International Trade Tribunal orders the Department of Public Works and Government Services, pursuant to subsection 17(2) of the Canadian International Trade Tribunal Act, to file with the Canadian International Trade Tribunal, no later than Friday, April 10, 2015, the following documents and information relating to Solicitation No. W8484-14P2KP/B:

• the evaluation guidelines, matrices or other methodology used by the evaluators to evaluate proposals, including all criteria used, all written instructions provided to evaluators, any evaluation plan or other guidance provided to evaluators and the scoring sheets used by evaluators;
• all material relating to the evaluation of Deloitte Inc.’s proposal, including the individual scoring sheets and notes of each evaluator, the points achieved by Deloitte Inc. with respect to mandatory criterion MT4 and point-rated technical criteria RT4, RT5 and RT6, notes from any consensus evaluation, and all notes, minutes, memoranda or other documents produced by evaluators in evaluating Deloitte Inc.’s proposal;
• any documents and information relating to the Internet sites relied upon by the evaluators with respect to their evaluation of the “size of the organization” requirements for point-rated technical criteria RT5 and RT6 of Deloitte’s proposal, including who conducted the Internet searches, when they were conducted, the search terms used and print-outs of the Web pages that were viewed.

If the documents contain information which the Department of Public Works and Government Services wishes to be kept confidential, they should be filed in accordance with subsection 46(1) of the Canadian International Trade Tribunal Act.

Finally, having reviewed the request for an extension of time to file comments on the Government Institution Report filed by Deloitte Inc. on March 20, 2015, the Canadian International Trade Tribunal directs Deloitte Inc. to file its comments, if any, on the documents produced by the Department of Public Works and Government Services pursuant to this order and the Government Institution Report by Tuesday, April 20, 2015.

Stephen A. Leach
Stephen A. Leach
Presiding Member

The reasons for this order will be included in the statement of reasons on the merits of the complaint.