IN THE MATTER OF a complaint filed pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act.

BY

PALADIN TECHNOLOGIES

AGAINST

THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES

DECISION

Pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal has decided not to conduct an inquiry into the complaint, which is premature at this time because a debriefing scheduled for April 6, 2022, has not taken place at the time of consideration of the documents on the record.

STATEMENT OF REASONS

[1] Subsection 30.11(1) of the Canadian International Trade Tribunal Act (CITT Act) ^[1] provides that, subject to the Canadian International Trade Tribunal Procurement Inquiry Regulations (Regulations), ^[2] a potential supplier may file a complaint with the Canadian International Trade Tribunal concerning any aspect of the procurement process that relates to a designated contract and request the Tribunal to conduct an inquiry into the complaint. Subsection 30.13(1) of the CITT Act provides that, subject to the Regulations, after the Tribunal determines that a complaint complies with subsection 30.11(2) of the CITT Act, it shall decide whether to conduct an inquiry into the complaint.

[2] Subsection 6(2) of the Regulations provides that a potential supplier may file a complaint with the Tribunal, provided that it “do so not later than 10 working days after the day on which the basis of the complaint became known.” The potential supplier may also file a complaint following an objection made to the relevant government institution, when relief is denied by that government institution. In this case, the complaint with the Tribunal must be filed “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.”

[3] Paladin Technologies (Paladin) made an objection to the Department of Public Works and Government Services (PWGSC), pursuant to subsection 6(2) of the Regulations, concerning the request for proposal in issue on March 18, 2022, within 10 working days of being notified of the results of the procurement process on the same day. When Paladin filed its complaint, it was awaiting a technical debriefing of its bid from PWGSC scheduled for April 6, 2022.

[4] In the Tribunal’s view, given that Paladin filed its complaint before having received effective denial of relief from PWGSC, the complaint is premature. The Tribunal takes note of Paladin’s vigilance to the short timelines applicable to procurement complaints; however, it cannot consider that the complaint, as currently drafted, meets the requirements of the Regulations. For those reasons, the Tribunal will not conduct an inquiry into the complaint at this time.

[5] If this matter is not resolved between the parties, and Paladin wishes to pursue its grievance after the technical debriefing, or further to PWGSC denying Paladin the relief that it is seeking, Paladin can file a new complaint with the Tribunal within 10 working days of receiving denial of relief from PWGSC. Upon filing a new complaint, Paladin may request that the documentation already filed with the Tribunal be joined to the new complaint. The Tribunal will then consider the merits of the new complaint.

[6] If Paladin does not receive explicit denial of relief from PWGSC at the technical debriefing or within 20 working days of April 6, 2022, i.e. by May 6, 2022, then Paladin will be able to consider that it has received “constructive denial of relief” (as envisaged by subsection 6(2) of the Regulations). In such an instance, Paladin will have 10 working days from May 6, 2022, i.e. by May 20, 2022, to file a new complaint with the Tribunal.

DECISION

[7] Pursuant to subsection 30.13(1) of the CITT Act, the Tribunal has decided not to conduct an inquiry into the complaint, which is premature at this time because a debriefing scheduled for April 6, 2022, has not taken place at the time of consideration of the documents on the record.