IN THE MATTER OF a complaint filed by SPX Aids to Navigation LLC pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act;

AND FURTHER TO a request filed by the Department of Public Works and Government Services to dismiss the complaint pursuant to rule 23.1 of the Canadian International Trade Tribunal Rules.

ORDER

The Canadian International Trade Tribunal grants the request filed by the Department of Public Works and Government Services. SPX Aids to Navigation LLC’s complaint was not filed within the time limits set out in subsections 6(1) and (2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations (Regulations). Therefore, pursuant to paragraph 10(1)(c) of the Regulations, the Tribunal dismisses the complaint.

The Tribunal awards, pursuant to section 30.16 of the Canadian International Trade Tribunal Act, the Department of Public Works and Government Services its reasonable costs incurred in this proceeding, to be paid by SPX Aids to Navigation LLC. In accordance with the Procurement Costs Guidelines (Guidelines), the Tribunal’s preliminary indication of the level of complexity is Level 1. The Tribunal’s preliminary indication of the amount of the cost award is therefore $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 Guidelines. The Tribunal reserves jurisdiction to establish the final amount of the cost award.

The statement of reasons will be published on the Tribunal’s website at a later date.