BRYMARK PROMOTIONS INC.
Determinations
BRYMARK PROMOTIONS INC.
File No. PR-2004-033
TABLE OF CONTENTS
BY FACSIMILE
September 15, 2004
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| Re: |
RFSO Solicitation Number BCD-001-2004 |
The Canadian International Trade Tribunal (the Tribunal) (Pierre Gosselin, Presiding Member, Richard Lafontaine, Member, and Meriel V. M. Bradford, Member) has reviewed the complaint submitted on behalf of Brymark Promotions Inc (Brymark) and has decided that it will not initiate an inquiry into the complaint at this time.
Subsection 7(1) of the Canadian International Trade Tribunal Procurement Inquiry Regulations (the Regulations) sets out conditions that must be satisfied before the Tribunal may conduct an inquiry in respect of a complaint. One of these conditions is that the complaint, and any other information examined by the Tribunal in respect of the complaint, disclose a reasonable indication that the procurement has not been carried out in accordance with the applicable trade agreements.
Brymark alleged that the Department of Foreign Affairs and International Trade (DFAIT) (as it then was) improperly rejected its proposal in regards to the subject solicitation. The Tribunal, having reviewed all information submitted with the complaint, finds that the solicitation’s mandatory criterion M-8 clearly required bidders to provide a list of suppliers and their product selection. In its proposal, as noted in its letter of objection to DFAIT of August 19, 2004, Brymark chose not to provide the product selection list. The Tribunal notes that the solicitation included specific provisions that allowed prospective bidders to pose questions or seek clarifications during the bidding period, and that Brymark could have availed itself of this provision to clarify its interpretation of mandatory criterion M-8. The Tribunal therefore finds that there is no reasonable indication that the procurement was not carried out in accordance with the applicable trade agreements
In light of the foregoing, the Tribunal will not conduct an inquiry into this complaint and considers the matter closed.
Yours sincerely,
Hélène Nadeau
Secretary