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

BY

ALLIANCE NAV INC.

AGAINST

THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES

DECISION

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

The Department of Public Works and Government Services (PWGSC) awarded a standing offer to Alliance Nav Inc. pursuant to a request for standing offer. Approximately three weeks later, PWGSC notified Alliance Nav Inc. that an error had been made in the financial evaluation process and that Alliance Nav Inc.’s bid did not have the lowest evaluated price. PWGSC cancelled the standing offer awarded to Alliance Nav Inc. and awarded the standing offer to the bidder whose bid had the lowest evaluated price.

Alliance Nav Inc. alleges that the cancellation of an executed award and its reassignment to another supplier raise concerns under applicable trade agreements with respect to fairness, transparency, timeliness and the proper application of evaluation criteria.

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. As will be explained more fully in the reasons to follow, there is no evidence to indicate that the rectification of an error in the procurement process was inconsistent with the requirements of the applicable trade agreements. Nor can there be a lack of transparency when PWGSC offers to provide further information, but the bidder does not act upon it.

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