SALLIE & ASSOCIATES CONSULTANTS
Determinations
SALLIE & ASSOCIATES CONSULTANTS
File No. PR-2004-028
TABLE OF CONTENTS
BY FACSIMILE
August 20, 2004
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| Re: |
Solicitation Number EN608-033148/A |
The Canadian International Trade Tribunal (the Tribunal) (Presiding Member: Pierre Gosselin) has reviewed the complaint submitted on behalf of Sallie & Associates Consultants (Sallie) and has decided not to initiate an inquiry into this complaint.
Subsection 6(1) of the Canadian International Trade Tribunal Procurement Inquiry Regulations (the Regulations) reads, in part, that a complaint must be filed with the Tribunal “not later than 10 working days after the day on which the basis of complaint became known or reasonably should have become known to the potential supplier”.
On May 6, 2004, Public Works and Government Services Canada (PWGSC) notified Sallie that other bidders had been awarded contracts in response to the above solicitation. The complaint indicates that Sallie received this letter on either May 20, 2004 or May 29, 2004. On May 31, 2004, Sallie e-mailed PWGSC, requesting additional information concerning its proposal and the overall results of the solicitation. PWGSC responded on the same day, stating that three of Sallie’s proposed resources had not met the minimum requirements of the mandatory criteria in the Project Manager, Business Analyst, Systems Analyst and Project Coordinator categories. PWGSC also responded by directing Sallie to submit an Access to Information request regarding one of its questions, as PWGSC did not have the authority to release the requested information.
In the Tribunal’s opinion, PWGSC’s e-mail of May 31, 2004, provided Sallie with knowledge of its ground of complaint, namely that its proposed resources had been allegedly improperly disqualified. In order to be considered timely, a complaint would have had to be filed with the Tribunal by June 14, 2004. As Sallie’s complaint was not filed with the Tribunal until August 13, 2004, the Tribunal finds that the complaint was not filed within the required time limits established by subsection 6(1) of the Regulations.
The Tribunal notes that Sallie requested, as a remedy, that the Tribunal review portions of its proposal and “provide explanations as to how each of the resources candidates…could have possibly been declared as “non compliant” as advised by the PWGSC Contract Authority”. Please be advised that, as a rule, the Tribunal will not substitute its judgement for that of the bid evaluators, unless there is evidence of a systemic breach of the procurement process rules and guidelines.
You may wish to review our detailed guide to procurement review and our complaint form which can be found on the Tribunal’s Web site at http://www.citt-tcce.gc.ca/publicat/guide2004_e.asp and http://www.citt-tcce.gc.ca/procure/complaint/eform_e.asp respectively. Both are also available in French and can be accessed by clicking on the button marked “Français” found on the top left of the header on the pages.
The Tribunal notes that Sallie has filed an Access to Information request as suggested by PWGSC. When the results of the request are known, and if Sallie believes that it has found grounds for a complaint to the Tribunal, it will have 10 working days from the date it receives that information to file a complaint with the Tribunal.
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