Procurement Inquiries

Decision Information

Decision Content

File PR-2023-063

Kyndryl Canada Limited & ISM Information Systems Management Corporation in Joint Venture

v.

Department of Employment and Social Development

Order issued
Thursday, May 2, 2024

 


IN THE MATTER OF a complaint filed by Kyndryl Canada Limited & ISM Information Systems Management Corporation in joint venture (Kyndryl ISM) 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 Kyndryl ISM.

BETWEEN

KYNDRYL CANADA LIMITED & ISM INFORMATION SYSTEMS MANAGEMENT CORPORATION IN JOINT VENTURE

Complainant

AND

THE DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT

Government Institution

ORDER

WHEREAS Kyndryl ISM filed the above‑mentioned complaint on March 6 and 7, 2024;

AND WHEREAS the Canadian International Trade Tribunal decided, on March 8, 2024, 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 April 18, 2024, Kyndryl ISM notified the Tribunal that it wished to withdraw its complaint based on information contained in the government institution report;

AND WHEREAS, on April 24, 2024, the Department of Employment and Social Development indicated that it had no comments on Kyndryl ISM’s request to withdraw its complaint;

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

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

Each party will bear its own costs.

Cheryl Beckett

Cheryl Beckett
Presiding Member

 

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