IN THE MATTER OF a complaint filed by Fraser River Pile & Dredge (GP) 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 (CITT Act), the Canadian International Trade Tribunal determines that the complaint is valid.

Pursuant to subsection 30.15(4) of the CITT Act, the Tribunal awards Fraser River Pile & Dredge (GP) Inc. (FRPD) its reasonable bid preparation costs, which costs are to be paid by the Department of Public Works and Government Services (PWGSC). The Tribunal asks that the parties enter discussions with the objective of agreeing on such costs, and to report back to the Tribunal by no later than 45 days following the issuance of the statement of reasons for this determination. The Tribunal retains jurisdiction to establish the amount of reasonable bid preparation costs.

Pursuant to section 30.16 of the CITT Act, the Tribunal awards FRPD their reasonable costs incurred in preparing and proceeding with this complaint, which costs are to be paid by PWGSC. In accordance with the Procurement Costs Guidelines, the Tribunal’s preliminary indication of the level of complexity for this complaint is Level 2, and its preliminary indication of the amount of the cost award is $2,750. The Tribunal invites parties to address the issue of costs when they report back to the Tribunal as indicated above. The Tribunal retains jurisdiction to establish the amount for complaint costs.

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