NEDCO, A DIVISION OF REXEL CANADA ELECTRICAL INC.
Determinations
NEDCO, A DIVISION OF REXEL CANADA ELECTRICAL INC.
File No. PR-2006-025
TABLE OF CONTENTS
BY FACSIMILE
September 12, 2006
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| Subject: |
Solicitation No. W0125-06ASU2/B |
The Canadian International Trade Tribunal (the Tribunal) (Pierre Gosselin, Presiding Member) has reviewed the information submitted by Nedco, a division of Rexel Canada Electrical Inc. (Nedco), on August 30, 2006, and September 7, 2006, and has decided not to initiate an inquiry into the complaint.
Nedco alleged that the Department of Public Works and Government Services (PWGSC) improperly declared its bid non-compliant. Specifically, Nedco alleged that PWGSC did not accept its pricing structure.
Subsection 6(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations (the Regulations) specifies that a potential supplier who has made an objection 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.”
On August 9, 2006, PWGSC advised Nedco that a standing offer had been awarded to another bidder. According to the complaint, PWGSC declared Nedco’s bid non-compliant. On August 9, 2006, Nedco made an objection to PWGSC regarding the award and requested that it be given the opportunity to resubmit its prices. Also according to the complaint, PWGSC advised Nedco that same day that it could not accept new pricing. On September 7, 2006, with the receipt of the additional information requested by the Tribunal, Nedco filed its complaint.
The Tribunal is of the view that Nedco became aware of the basis of its complaint on August 9, 2006, when it received information from PWGSC advising it that a standing offer had been issued to another bidder. The Tribunal is also of the view that Nedco made an objection and received a denial of the relief it was seeking from PWGSC on that same day, specifically on August 9, 2006. In order to be considered timely, a complaint would have had to have been filed with the Tribunal within 10 working days of August 9, 2006, or no later than August 23, 2006. Nedco provided the Tribunal with partial information on August 30, 2006, but the Tribunal advised it by letter dated September 1, 2006, that its complaint could not be considered properly filed because it did not contain the information required by subsection 30.12(2) of the Canadian International Trade Tribunal Act. It is only upon receipt of the information that Nedco provided to the Tribunal on September 7, 2006, that its complaint was properly filed, which date was beyond the time limit established by subsection 6(2) of the Regulations. Accordingly, Nedco’s complaint cannot be accepted for inquiry.
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