Orders and Reasons

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THE IMPACT GROUP
v.
NATIONAL RESEARCH COUNCIL OF CANADA
File No. PR-2005-050

Order issued
Friday, July 14, 2006

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TABLE OF CONTENTS

• ORDER
• • INTRODUCTION
  • BID PREPARATION COSTS
  • ANALYSIS
  • CONCLUSION

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IN THE MATTER OF a complaint filed by The Impact Group under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47;

AND FURTHER TO a decision of the Canadian International Trade Tribunal, pursuant to subsections 30.15(2) and (3) of the Canadian International Trade Tribunal Act, recommending that The Impact Group be compensated for the costs that it reasonably incurred in preparing its proposal for the subject solicitation.

BETWEEN
THE IMPACT GROUP	Complainant
AND
THE NATIONAL RESEARCH COUNCIL OF CANADA	Government Institution

ORDER

INTRODUCTION

In a determination made on June 14, 2006, the Canadian International Trade Tribunal (the Tribunal), pursuant to subsections 30.15(2) and (3) of the Canadian International Trade Tribunal Act,¹ recommended that The Impact Group (Impact) be compensated for the costs that it reasonably incurred in preparing its proposal for the subject solicitation.

On June 15, 2006, Impact submitted to the Tribunal its claim for costs in the amount of $22,600 (GST included). On June 26, 2006, the National Research Council of Canada (NRC) filed its submissions.

BID PREPARATION COSTS

Impact claimed a total of $22,600 (GST included) as the value of staff time devoted to preparing its bid in response to the subject Request for Proposal (RFP). That amount represents nine days of work by one consultant at $1,400 per day and one day of work by eight different consultants at $1,250 per day.

The NRC submitted that it intended to implement the Tribunal’s recommendation and that it had no comments on Impact’s claim.

ANALYSIS

Taking into account the above submissions, the Tribunal believes that the claim is reasonable in light of the RFP requirements relating to the preparation of bidders’ proposals. Accordingly, the Tribunal will allow the claim in its entirety.

CONCLUSION

Pursuant to subsection 30.15(4) of the CITT Act, the Tribunal hereby awards Impact costs in the amount of $22,600 in relation to preparing a response to the solicitation and directs the NRC to take appropriate action to ensure prompt payment.

Ellen Fry
Ellen Fry
Presiding Member

Hélène Nadeau
Hélène Nadeau
Secretary

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¹ . R.S.C. 1985 (4th Supp.), c. 47 [CITT Act].