BASIL CORPORATE SOLUTIONS INC.

Determinations


BASIL CORPORATE SOLUTIONS INC.
File Nos. PR-2006-005 and PR-2005-057


TABLE OF CONTENTS

BY FACSIMILE

April 24, 2006

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Re:

Solicitation Number W8476-040015/B
Basil Corporate Solutions Inc. (File Nos. PR-2006-005 and PR-2005-057)

The Canadian International Trade Tribunal (the Tribunal) (Presiding Member: Meriel V.M. Bradford) has reviewed the request for reconsideration regarding complaint PR-2005-057 submitted on April 12, 2006, on behalf of Basil Corporate Solutions Inc. (BCS) and has decided not to change its decision. Therefore, it will not conduct an inquiry into the complaint.

In reviewing the documentation associated with both files referenced above, the Tribunal notes that the facts remain the same but that in its submission of April 12, 2006, BSC has submitted a new argument. Specifically the argument is that subsections 6(3) and 6(4) of the Canadian International Trade Tribunal Procurement Inquiry Regulations should apply in this case as “the number of violations and manner in which these violations were dealt with reflect a systemic problem in the application of the supply rules of PWGSC and the Articles of numerous International Agreements”.

The Tribunal finds no evidence to support the contention that the alleged violation is of a systemic nature. The Canadian Oxford dictionary defines systemic as “of or pertaining to a system, esp. in its entirety.” The case at hand pertains to an individual procurement and no evidence has been presented that this procurement action is the result of a general policy or a regular and continuous practice that pertains to the broader procurement system and thus would be systemic in nature.

In light of the above, the Tribunal will not change its decision of April 5, 2006, when it advised you that it would not initiate an inquiry into your complaint because it was not filed in a timely fashion. As such, the Tribunal considers the matter closed.

Yours sincerely,

Hélène Nadeau

Secretary