MEGA-TECHNICAL HOLDINGS LTD.
Determinations
MEGA-TECHNICAL HOLDINGS LTD.
File No. PR-2007-027
TABLE OF CONTENTS
BY FACSIMILE
July 25, 2007
___________________
___________________
___________________
___________________
___________________
___________________
___________________:
| Subject: |
Solicitation Number M9020-071025/A |
The Canadian International Trade Tribunal (the Tribunal) (Presiding Member: Pierre Gosselin) has reviewed the complaint submitted on behalf of Mega-Tech Holdings Ltd. (Mega-Tech) on July 16, 2007, and has decided not to initiate an inquiry into the complaint.
Mega-Tech alleged that the Department of Public Works and Government Services (PWGSC) rejected Mega-Tech’s proposal because it was found to be non-compliant.
Paragraph 7(1)(c) of the Canadian International Trade Tribunal Procurement Inquiry Regulations (Regulations) requires that the Tribunal determine whether the information provided by the complainant discloses a reasonable indication that the procurement has not been carried out in accordance with whichever of Chapter Ten of the North American Free Trade Agreement (NAFTA), Chapter Five of the Agreement on Internal Trade (AIT) or the Agreement on Government Procurement applies. In this case, NAFTA and the AIT apply.
The Tribunal does not consider that there is any evidence that PWGSC acted in a manner contrary to NAFTA and the AIT. There is no information or evidence presented in the complaint as to the reason why Mega-Tech’s bid was rejected or why the winning bid was accepted. Although Mega-Tech speculated that the proposal was rejected because of PWGSC’s assessment of what Mega-Tech deemed to be sufficient to meet the requirement to provide a statement of compliance from an accredited laboratory, there is nothing in the complaint that indicates if that was indeed why PWGSC rejected Mega-Tech’s proposal.
The Tribunal is therefore of the opinion that Mega-Tech’s complaint does not disclose a reasonable indication that the procurement was not carried out in accordance with NAFTA and the AIT. In light of this conclusion, the Tribunal will not conduct an inquiry into the complaint.
This determination of the Tribunal does not preclude Mega-Tech from filing a complaint in relation to this ground should Mega-Tech not agree with the results of the evaluation of its bid, once it has been provided with that information by PWGSC. If Mega-Tech wishes to file a new complaint in relation to this ground, it must do so within the time frame established by subsection 6(1) of the Regulations.
Yours sincerely,
Hélène Nadeau
Secretary