Procurement Inquiries

Decision Information

Decision Content

File PR-2025-030

Vaultie Inc.

v.

Shared Services Canada

Order issued
Tuesday, November 25, 2025

 


IN THE MATTER OF a complaint filed by Vaultie 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;

AND FURTHER TO the cancellation by Shared Services Canada of the invitation to qualify at issue.

BETWEEN

VAULTIE INC.

Complainant

AND

SHARED SERVICES CANADA

Government Institution

ORDER

WHEREAS Vaultie Inc. (Vaultie) filed the above‑mentioned complaint on September 23, 2025;

AND WHEREAS the Canadian International Trade Tribunal decided, on October 1, 2025, 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 October 16, 2025, Vaultie informed the Tribunal that Shared Services Canada (SSC) had re-evaluated its response to the invitation to qualify (ITQ), which resulted in the response being qualified, and that, nonetheless, it maintained that the Tribunal should issue a decision in its favour;

AND WHEREAS, on October 21, 2025, SSC filed a motion for the Tribunal to cease its inquiry, because it considered the complaint to be trivial and moot now that Vaultie’s response had been qualified under the ITQ;

AND WHEREAS, on October 23 and 28, 2025, Vaultie responded that the Tribunal should dismiss the motion because of alleged systemic flaws within the administration of this procurement and because the remedy it had requested as part of its complaint was the issuance of a new solicitation, not that its response be re-evaluated;

AND WHEREAS, on November 6, 2025, SSC notified the Tribunal that it was cancelling the ITQ at issue and intended to issue a replacement procurement in due course;[1]

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

AND WHEREAS, in light of the cancellation of the procurement process, the complaint is now moot, as the grounds of complaint are closely related to the facts of the case, and the Tribunal’s inquiry would have only limited theoretical value and little practical impact;

AND WHEREAS the cancellation of the procurement process in these circumstances gives Vaultie the essence of the remedy that it would have been awarded if the Tribunal had ruled in its favour on the merits of the complaint;

AND WHEREAS, having considered the parties’ submissions and in light of the cancellation of the procurement process, the Tribunal considers it appropriate to cease this inquiry;

AND WHEREAS each party has requested that it be awarded costs;

AND WHEREAS, pursuant to subsection 30.16(1) of the CITT Act, subject to the Canadian International Trade Tribunal Procurement Inquiry Regulations (Regulations), the Tribunal may award costs of, and incidental to, any proceedings before it in relation to a complaint on a final or interim basis;

AND WHEREAS, the Tribunal has not made a final determination on the validity, or lack thereof, of the complaint on the merits, and therefore does not consider to be applicable section 11.3 of the Regulations, which circumscribes the Tribunal’s discretion as to costs where there is a final determination (see Samdesk Canada Inc. v. Department of Public Works and Government Services [10 November 2025], PR-2025-011, at para. 65);

AND WHEREAS, while the Tribunal has granted SSC’s motion to cease the inquiry, it does not judge it appropriate to award costs to SSC in light of its acknowledgment of ambiguities in the ITQ, which led to its cancellation;

AND WHEREAS, in exercising its discretion under subsection 30.16(1) of the CITT Act, the Tribunal considers it most just in these circumstances that each party bear its own costs;

THEREFORE, pursuant to subsection 30.13(5) of the CITT Act, the Tribunal ceases its inquiry and rescinds the postponement of award of contract order issued on October 2, 2025.

Each party will bear its own costs.

Bree Jamieson-Holloway

Bree Jamieson-Holloway
Presiding Member

 



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