IN THE MATTER OF a complaint filed by Weatherlogics Inc. 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.

DETERMINATION

Pursuant to subsection 30.14(2) of the Canadian International Trade Tribunal Act (Act), the Canadian International Trade Tribunal (Tribunal) determines that this complaint is valid.

Pursuant to subsection 30.15(4) of the Act, the Tribunal awards Weatherlogics Inc. (Weatherlogics) its reasonable bid preparation costs, which costs are to be paid by the Department of the Environment (ECCC).

Should the parties be unable to agree on the amount of bid preparation costs, Weatherlogics must file submissions with respect to bid preparation costs with the Tribunal within 45 days of the date of issuance of the Tribunal’s reasons. ECCC will then have ten working days after receipt of Weatherlogics’ submissions to file its submissions in response. Weatherlogics may file a reply to ECCC’s submissions within five working days after receipt of ECCC’s submissions. The parties are required to serve each other with their respective submissions and file those submissions with the Tribunal.

Pursuant to section 30.16 of the Act, the Tribunal also awards Weatherlogics its reasonable costs incurred in preparing and proceeding with this complaint, which costs are to be paid by ECCC. Having regard to the Tribunal’s Procurement Costs Guidelines, the Tribunal’s preliminary indication of the level of complexity for this complaint is Level 1, and its preliminary indication of the amount of the cost award is $1,150.

If any party disagrees with the preliminary level of complexity or indication of the amount of the cost award, it may make submissions to the Tribunal, as contemplated in Article 4.2 of the Procurement Costs Guidelines.

The Tribunal reserves jurisdiction to establish the final amount of bid preparation costs and of the cost award for preparing and proceeding with the complaint.

The statement of reasons will be issued at a later date.