IN THE MATTER OF a complaint filed by Primex Project Management Ltd. 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, the Canadian International Trade Tribunal determines that the complaint is not valid. In reviewing the bids received in response to the solicitation, the Department of Public Works and Government Services (PWGSC) acted reasonably in finding that two bids had been received from two indigenous businesses, thus exempting the procurement from the provisions of the trade agreements, including the Canadian Free Trade Agreement. The Tribunal will provide more extensive reasons for this determination in due course.

PWGSC has requested its reasonable costs incurred in responding to the complaint, in accordance with the Procurement Costs Guidelines. The parties may make written submissions on the issue of an award of costs, and the quantum of any costs to be awarded, within 15 days of issuance of the Tribunal’s reasons. The Tribunal retains jurisdiction to issue an award with respect to costs.

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