RAYMOND ARSENAULT CONSULTANTS INC.
Determinations
RAYMOND ARSENAULT CONSULTANTS INC.
File No. PR-2005-034
TABLE OF CONTENTS
BY FACSIMILE
November 18, 2005
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| Re: |
Solicitation Number D1120-05-1104 |
The Canadian International Trade Tribunal (the Tribunal) (Presiding Member: Pierre Gosselin) has reviewed the submission received on November 10, 2005, from Raymond Arsenault Consultants Inc. (Raymond Arsenault) regarding the Public Service Commission of Canada (PSC) Request for Proposal No. D1120-05-1104. The Tribunal has decided not to initiate an inquiry into this complaint.
In order for a complaint to be timely, it must be filed within the timeframe set out in section 6 of the Canadian International Trade Tribunal Procurement Inquiry Regulations (the Regulations). Pursuant to subsection 6(1) of the Regulations, a complaint must be filed with the Tribunal “not later than 10 working days after the day on which the basis of the complaint became known or reasonably should have become known to the potential supplier.” In the event that a supplier objects to the contracting agency, subsection 6(2) of the Regulations states that:
“A potential supplier who has made an objection regarding a procurement relating to a designated contract to the relevant government institution, and is denied relief by that government institution, may file a complaint with the Tribunal within 10 working days after the day on which the potential supplier has actual or constructive knowledge of the denial of relief, if the objection was made within 10 working days after the day on which its basis became known or reasonably should have become known to the potential supplier.”
According to the information included with your submission, Raymond Arsenault was informed on October 20, 2005, by the PSC, that its proposal was deemed non-compliant as it did not meet mandatory requirement M.3. On November 7, 2005, Raymond Arsenault filed an objection with the PSC regarding the evaluation of its proposal.
In the Tribunal’s view, Raymond Arsenault became aware or reasonably should have become aware of the basis of its complaint on October 20, 2005, when it was informed of the reason why its proposal was not accepted. In the Tribunal’s opinion, in order to be considered timely, a complaint would have had to have been filed with the Tribunal or an objection would have had to have been filed with the PSC within 10 working days of October 20, 2005. Since Raymond Arsenault objected to the PSC’s decision on November 7, 2005, the Tribunal finds that the objection was not filed within the required time limits established by subsection 6(2) of the Regulations.
In light of the foregoing, the Tribunal will not conduct an inquiry into this complaint and considers the matter closed.
For future reference, should you submit another complaint to the Tribunal, you may wish to refer to our complaint form that can be found on our Web site at http://www.citt-tcce.gc.ca/ under the Forms bullet. There is also a guide entitled Procurement Review Process – A Descriptive Guide on the same Web site under the Publications bullet.
Yours sincerely,
Susanne Grimes
Acting Secretary