ELECTRIC SERVICES GRAND CENTRE LTD.
Determinations
ELECTRIC SERVICES GRAND CENTRE LTD.
File No. PR-2007-086
TABLE OF CONTENTS
BY FACSIMILE
February 15, 2008
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Solicitation Number W0134-06CYAM/A |
The Canadian International Trade Tribunal (the Tribunal) (Presiding Member: Diane Vincent) has reviewed the complaint submitted by Electric Services Grand Centre Ltd. (ESGC) on February 12, 2008, and has decided not to initiate an inquiry into the complaint.
ESGC alleged that the Department of Public Works and Government Services (PWGSC) improperly issued standing offers to bidders that did not submit compliant tenders.
According to subsection 6(1) of the Regulations, a complaint shall 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.” Subsection 6(2) of the Regulations states 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.”
In other words, a complainant has 10 working days from the date on which it first becomes aware of its ground of complaint to either object to the contracting authority or file a complaint with the Tribunal. If a complainant objects to the contracting authority within the 10-working-day time frame, the complainant may file a complaint with the Tribunal within 10 working days after it has actual or constructive knowledge of the denial of relief.
On October 10 and 12, 2007, ESGC, after having been informed that it was not a successful bidder, objected to PWGSC, claiming that the three winning bidders had not submitted compliant tenders. Specifically, ESGC submitted that the winning bidders had submitted labour rates that were lower than the mandatory wage rates listed on the Department of Human Resources and Social Development Web page entitled “Fair Wage Schedules for Federal Construction Contracts” that had been cited in the tender documents. By way of a letter dated November 29, 2007, PWGSC responded to the objections raised by ESGC. On February 12, 2008, ESGC filed its complaint with the Tribunal.
In order for a complaint to have been filed in accordance with subsection 6(2) of the Regulations, it would have had to have been filed with the Tribunal within 10 working days of the complainant receiving the actual or constructive denial of relief. The Tribunal considers that ESGC received the denial of relief on November 29, 2007. Therefore, in order for the complaint to be considered filed in a timely manner, it would have had to have been filed with the Tribunal by December 13, 2007. As ESGC did not file its complaint until February 12, 2008, the Tribunal finds that ESGC failed to file its complaint within the time limit prescribed in subsection 6(2) of the Regulations.
In light of the foregoing, the Tribunal will not conduct an inquiry into the complaint and considers the matter closed.
Yours sincerely,
Hélène Nadeau
Secretary