Orders and Reasons

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NORTHERN LIGHTS AEROBATIC TEAM, INC.
v.
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES
File No. PR-2005-004

Order issued
Wednesday, May 11, 2005

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TABLE OF CONTENTS

• ORDER

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

AND FURTHER TO a notice of motion filed by Northern Lights Aerobatic Team, Inc. under rule 24 of the Canadian International Trade Tribunal Rules for the production of documents by the Department of Public Works and Government Services.

BETWEEN
NORTHERN LIGHTS AEROBATIC TEAM, INC.	Complainant
AND
THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES	Government Institution

ORDER

Having considered the motion dated April 25, 2005, and the submission dated May 4, 2005, from the Department of Public Works and Government Services, and the submission dated May 6, 2005, from Northern Lights Aerobatic Team, Inc., the Canadian International Trade Tribunal orders, pursuant to subsection 17(2) of the Canadian International Trade Tribunal Act, that the Department of Public Works and Government Services file with the Secretary of the Canadian International Trade Tribunal, on or before May 16, 2005, the following information and/or documentation relating to Solicitation No. W0153-03PM02/C:

· all written instructions given to evaluators;

· any evaluation plan developed or used by the Department of Public Works and Government Services or the Department of National Defence;

· any evaluation handbook developed or used by the Department of Public Works and Government Services or the Department of National Defence;

· all scoring documentation, including scoring tables developed or used by the Department of Public Works and Government Services or the Department of National Defence;

· any scoring supplements, guidelines or explanations developed or used by the Department of Public Works and Government Services or the Department of National Defence;

· the evaluation scoring, including raw scoring sheets from each evaluator, and each evaluator's scoring notes as they relate to Northern Lights Aerobatic Team, Inc.'s bid evaluation; and

· all minutes, memoranda or other written notes arising from meetings of the technical evaluators as they relate to Northern Lights Aerobatic Team, Inc.'s bid evaluation.

The Canadian International Trade Tribunal also orders, pursuant to subsection 17(2) of the Canadian International Trade Tribunal Act, that the Department of Public Works and Government Services file with the Secretary of the Canadian International Trade Tribunal, with the Government Institution Report, the following information and/or documentation relating to Solicitation No. W0153-03PM02/C:

· all correspondence between the Department of Public Works and Government Services or the Department of National Defence and Top Aces Consulting Inc. which relates to the aircraft operating instructions for the Alpha Jets proposed by Top Aces Consulting Inc.; and

· all correspondence in the possession of the Department of Public Works and Government Services and the Department of National Defence between the Government of Canada and Top Aces Consulting Inc. which relates to the Department of Transport's alleged refusal to permit the Alpha Jets to enter Canada.

Ellen Fry
Ellen Fry
Presiding Member

James A. Ogilvy
James A. Ogilvy
Member

Meriel V. M. Bradford
Meriel V. M. Bradford
Member

Hélène Nadeau
Hélène Nadeau
Secretary

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