LANDCRUISERS PROPERTY MAINTENANCE
Determinations
LANDCRUISERS PROPERTY MAINTENANCE
File No. PR-2005-023
TABLE OF CONTENTS
BY E-MAIL & REGULAR MAIL
October 12, 2005
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| Re: |
Solicitation Number 5P121-050005/A |
The Canadian International Trade Tribunal (the Tribunal) (Pierre Gosselin, Presiding Member) has reviewed the complaint submitted on behalf of Landcruisers Property Maintenance (Landcruisers) on September 28, 2005, and has decided not to initiate an inquiry into this complaint.
Landcruisers alleged that the Department of Public Works and Government Services (PWGSC) improperly awarded a contract to Green Sea Enterprises by accepting an abnormally low bid price.
Subsection 7(1)(c) of the Canadian International Trade Tribunal Procurement Inquiry Regulations reads, in part, that the Tribunal shall, within five working days after the day on which the complaint is filed, determine whether “the information provided by the complainant … discloses a reasonable indication that the procurement has not been carried out in accordance with whichever one of Chapter Ten of NAFTA, Chapter Five of the Agreement on Internal Trade or the Agreement on Government Procurement …applies”.
According to the complaint, on August 24, 2005, Landcruisers became aware that Green Sea Enterprises had been awarded the contract to provide maintenance and construction services at the York Redoubt National historic site in Halifax, Nova Scotia. On August 30, 2005, Landcruisers filed an objection with PWGSC regarding its concerns with the procurement process and what it considered to be an unreasonably low contract price. According to Landcruisers, on September 25, 2005, it received a letter from PWGSC dated September 14, 2005, in which PWGSC provided information regarding the procurement process and the dollar value of the contract. Specifically, PWGSC advised that “no bid packages were provided directly to potential contractors by PWGSC Acquisitions Personnel” and “a complete review of the price proposal was undertaken by our client, Parks Canada, prior to contract award.” Therefore, based on the evidence contained in the complaint, the Tribunal believes that the contract was awarded in accordance with the terms and conditions and as such there is not a reasonable indication that PWGSC breached the applicable trade agreements in conducting its procurement.
In light of the above, the Tribunal will not conduct an inquiry into this complaint and considers the matter closed.
Yours sincerely,
Hélène Nadeau
Secretary