IN THE MATTER OF a complaint filed by Leo-Pisces Services Group 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

Leo-Pisces Services Group Inc. (Leo-Pisces) filed a complaint concerning a procurement (solicitation 24-58316) made by the National Research Council of Canada (NRC). The solicitation was for the provision of financial specialist services.

The Canadian International Trade Tribunal determines that the complaint is not valid, pursuant to subsection 30.14(2) of the Canadian International Trade Tribunal Act (CITT Act).

The Tribunal finds that the phrase “Federal Government of Canada Department, Agency and/or Crown Corporation”, as found in the solicitation, contains a patent ambiguity. The Tribunal therefore finds that the ground of complaint that the NRC should have counted Leo-Pisces’s proposed resource’s experience with the Northwest Territories Health and Social Services Authority (NTHSSA) was not filed within the prescribed time limits.

Additionally, the Tribunal finds that the ground of complaint that the NRC should have awarded Leo-Pisces full technical points, even if the proposed resource’s experience with the NTHSSA is not counted, is not valid.

The Tribunal further finds that the ground of complaint that the NRC performed the evaluation incorrectly to favour the incumbent contractor was not filed within the prescribed time limits and is not valid in any event.

The Tribunal awards the NRC its reasonable costs incurred in the Tribunal’s inquiry process, which costs are to be paid by Leo-Pisces, pursuant to section 30.16 of the CITT Act. The Tribunal’s preliminary indication of the level of complexity for this complaint is Level 1, and its preliminary indication of the amount of cost award is $1,150, in accordance with the Procurement Costs Guidelines (Guidelines). If any party disagrees with the preliminary level of complexity or indication of the amount of the cost award, it may make submissions to the Tribunal, within 10 working days of this determination, as contemplated in article 4.2 of the Guidelines. The Tribunal reserves jurisdiction to establish the final amount of the cost award.