Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Bid Challenge Complainant Likely Surprised To Learn that the Time Clock Starts to Tick Early

On December 21, 2007, the Canadian International Trade Tribunal (CITT) infromed Siva & Association (Siva) that it would not initiate an inquiry because Siva filed its complaint beyond the 10 day limitation period.

Siva alleged that the Department of Public Works and Government Services Canada (PWGSC) improperly favoured existing suppliers by requiring the potential bidders to produce shock test results for all valve sizes with its proposal.  This was a mandatory requirement in the bid proposal.  When Siva was not awarded the contract, it filed a government procurement bid challenge.

The CITT determined that the RPF clearly indicated that the shock testing of all valves was a mandatory technical requirement.  As a result, Siva knew or should have known about the basis for the complaint on the date it received the RFP.  As a result, the complaint was filed late and the CITT could not conduct an inquiry because of the statutory 10-day limitation period had expired.

The lesson to be learned from this case is that a potential bidder should be careful to identify problems with technical and evalaution criteria in the RFP.  A complainant should not wait to file a bid challenge until after the government entity follows the rules that it clearly set out in the RFP and disqualifies a bid.

If you would like to read a copy of the CITT decision, pleae click on CITT File No. PR-2007-073.

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