IN THE MATTER OF a complaint filed by Coady Construction & Excavating Limited pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act;

AND FURTHER TO a decision to conduct an inquiry into the complaint pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act;

AND FURTHER TO the withdrawal of the complaint by Coady Construction & Excavating Limited.

ORDER

WHEREAS Coady Construction & Excavating Limited (Coady) filed the above-mentioned complaint on August 4, 2023, in relation to a procurement (solicitation 30004482) made by the Department of Fisheries and Oceans (DFO) for the provision of construction services for the reconstruction of the launchway located in Burin, Newfoundland and Labrador;

AND WHEREAS in its complaint, Coady alleged that the contract was awarded to a supplier whose bid was non-compliant with the terms of the solicitation because the DFO invited the submission of further bids after the closing date of the solicitation and then awarded the contract to a supplier whose bid was allegedly submitted following the closing date of the solicitation;

AND WHEREAS the Canadian International Trade Tribunal decided, on August 10, 2023, to inquire into the complaint, pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act (CITT Act) and subsection 7(1) of the Canadian International Trade Tribunal Procurement Inquiry Regulations;

AND WHEREAS, on September 15, 2023, Coady notified the Tribunal that the parties had agreed to a withdrawal and discontinuance of the complaint without costs to either party;

AND WHEREAS subsection 30.13(5) of the CITT Act provides that the Tribunal may cease conducting an inquiry;

THEREFORE, pursuant to subsection 30.13(5) of the CITT Act, the Tribunal ceases its inquiry.

Each party will bear its own costs.