IN THE MATTER OF a complaint filed pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act.

BY

IPSS INC.

AGAINST

THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES

DECISION

iPSS Inc. (iPSS) filed a complaint that relates to solicitation WS5244152823 by the Department of Public Works and Government Services (PWGSC) for IT professional services resources.

iPSS alleges that the submitted bid price of the winning bidder was too low. iPSS does not take issue with PWGSC’s evaluation of the bids in this solicitation.

The Canadian International Trade Tribunal has decided not to conduct an inquiry into the complaint, pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act.

The Tribunal’s jurisdiction in this procurement is limited to inquiring into the conduct of PWGSC, which had sole responsibility for the conduct of the procurement process. The Tribunal does not have jurisdiction to inquire into the conduct of the winning bidder, which is a private entity.

Even if iPSS had taken issue with PWGSC’s acceptance of the winning bidder’s bid price, the Tribunal finds that the evidence does not disclose a reasonable indication that the procurement process was not conducted in accordance with the procurement provisions of the applicable trade agreements, pursuant to subparagraph 7(1)(c)(i) of the Canadian International Trade Tribunal Procurement Inquiry Regulations. The acceptance of a low bid does not in and of itself indicate a failure of the procuring entity to follow the requirements of the applicable trade agreements.

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