OSHKOSH DEFENSE CANADA

OSHKOSH DEFENSE CANADA
v.
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES
File No. PR-2015-051

Order issued
Friday, February 19, 2016

IN THE MATTER OF a complaint filed by Oshkosh Defense Canada 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 motion made by Oshkosh Defense Canada requesting an order directing the Department of Public Works and Government Services to produce certain documents.

BETWEEN

OSHKOSH DEFENSE CANADA Complainant

AND

THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES Government Institution

ORDER

The Canadian International Trade Tribunal grants the motion.

Having reviewed the motion made in the complaint filed by Oshkosh Defense Canada on January 6, 2016, the comments on the motion by the Department of Public Works and Government Services dated February 11, 2016, and the reply by Oshkosh Defense Canada dated February 17, 2016, 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 Tribunal, no later than Wednesday, February 24, 2016, the following documents and information that relate to Solicitation No. W8476-06MSMP/L:

  • All test reports, evaluation notes, analyses, memoranda, communications and contemporaneous records including test data (such as digital video and photographic data), which together form the full test record for each of the following evaluations:
  1. Soft Soil Mobility – Drawbar Pull at GVW, RFP ID BA-644;
  2. Soft Soil Mobility – Sand Gradeability, RFP ID BA-688;
  3. Vehicle Payload, RFP ID BA-486;
  4. Ride Quality (6 Watt) Average Vertical Absorbed Power (RMS), RFP ID BA-645;
  5. Ground Pressure Mean Maximum Pressure (MMP), RFP ID BA-528;
  6. Vehicle Stopping Distance (SD), RFP ID BA-516;
  7. Acceleration Time (AT), RFP ID BA-514;
  8. Gradeability – High Speed, RFP ID BA-542;
  9. Maximum Speed (Sustained Speed on Hard Surface Roads), RFP ID BA-120; and,
  10. Crane Lifting Capacity, RFP ID BA-9-5.

The Canadian International Trade Tribunal finds that the above-noted materials are relevant to the issues at hand, as they may address the grounds of complaint already raised in this inquiry.

If the documents contain information that the Department of Public Works and Government Services wishes to be kept confidential, it should proceed according to subsection 46(1) of the Canadian International Trade Tribunal Act.

Serge Fréchette
Serge Fréchette
Presiding Member

The statement of reasons will be issued at a later date.