Contributing Lawyers

Canada

Cyndee Todgham Cherniak
Michael Flavell
Geoff Kubrick

United States

Susan Kohn Ross

India

China

Thailand

Apisith John Southam

Korea

Export Controls Can Apply to Exports of Chemicals

Clients and counsel often do not believe me when I tell them that exports of chemicals may be controlled under export laws.  Well, here is an example of a non-believer learning the hard way. The U.S. Bureau of Industry and ...

Simple Currency Mistake Acceptable Reason to Reject Bid Proposal

On April 22, 2008 [posted April 30, 2008], the Canadian International Trade Tribunal (CITT) issued its decision in a bid challenge by Integrated Procurement Technologies, Inc., a U.S.-based company.  Integrated Procurement...

Could the Canada - Sikorsky Helicopter Contract Problems Form the Basis for a Governmnet Procurement Bid Challenge?

Chapter 10 of NAFTA and the Agreement on Government Procurement (and Chapter 5 of the Agreement on Internal Trade) establish a private party-to-government dispute settlement mechanism so that bidders and potential bidders can...

Canada Announces Award of a Large Contract to Lockheed Martin Corporation

On January 16, 2008, the Minister of Public Works and Government Services Canada and the Minister of National Defence announced the award of a contract to Lockheed Martin Corporation to acquire 17 C-130J Hercules tactical lift...

Philippines Probes Bid Riggings Allegations Relating to Defence Helicopter Procurement

Canada's Globe & Mail news service is reporting that the government on the Philippines has commenced an investigation into alleged bid rigging in connection with a solicitation to acquire six military heli9copters.  The...

Canada Will Not Re-tender Sub Maintenance Contract

News reports indicate that the Canadian federal government will not re-tender a $1.5 billion submarine contract to repair and maintain Canada's four Victoria-class submarines.

Following a request for proposal issued in...

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...

Canadian International Trade Tribunal Gets Former Trade Lawyer as the New Chairman

On December 17, 2007, the Canadian International Trade Tribunal (CITT) announced that Mr. Serge Frechette has been appointed to the position of Chairman of the CITT. Mr. Frechette replaced Mr. Pierre Gosselin, whose term at...

The Importance of Interveners - Government Procurement Bid Challenger Won the Case, But Was Awarded No Remedy

On November 21, 2007, the Canadian International Trade Tribunal (CITT) published a decision it issued on November 2, 2007 and provided a corrigendum on November 15, 2007.  In TPG Technology Consulting Limited v. Public Works...

Canada's CITT Decides to Conduct Bid Challenge Inquiry into Procurement of Certain Professional, Administrative and Management Services

On November 21, 2007, the Canadian International Trade Tribunal (CITT) decided to conduct a bid challenge inquiry into a government procurement bid challenge filed by CMI Interlangues Inc.  CMI Interlangues...

Remand in Procurement Bid Challenge Recommends $207,769.31 to Successful Complainant

On October 26, 2007, the Canadian International Trade Tribunal (CITT) issued an order for Public Works Government Services Canada (PWGSC) to pay Envoy Relocation Services (Envoy) $207,769.31 as bid preparation costs.  On...

Government Procurement Bid Challenges MUST be Filed within 10 Days

On November 5, 2007, the Canadian International Trade Tribunal (CITT) notified C.B. Richard Ellis Quebec Ltd. (C.B. Richard Ellis) that the CITT was rejecting one of three government procurement bid challenges that it...

Think About Asking a Lawyer to Review Government Procurement Bid Challenges Before Filing

On November 1, 2007, the Canadian International Trade Tribunal (CITT) issued its decision in a number of government procurement bid challenges filed by West Atlantic Systems.  The CITT determined (1) that the wrong party had...

WARNING for Trade Partners Negotiating Private Party-to-State Government Procurement Bid Challenge Mechanism

The Canadian International Trade Tribunal (CITT) decision in Northrop Grumman Overseas Services Corporation v. Department of Public Works and Government Services (PWGSC) serves as an important reminder to WTO Members...

A Complainant Alleges Bias in Government Procurement and the CITT Awards Costs Against the Complainant

The case of Valcom Consulting Group Inc. (see CITT File Number PR-2007-007) is a good example of why Complainants should be careful when filing a government procurement bid challenge on the basis of bias.  On April 16,...

Winning Complainant in a Bid Challenge Succeeds in Asking for Higher Complaint Costs

On July 11, 2007, the Canadian International Trade Tribunal (CITT) determined that Ecosfera Inc.'s government procurement bid challenge was valid and awarded Ecosfera its reasonable costs incurred in preparing and proceeding with...