Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canadian International Trade Tribunal Awards Costs Against the Complainant in Failed Bid Challenge

On March 18, 2010, in the case of BMT Fleet Technology Limited v. Department of Public Works and Government Services Canada (CITT File No. PR-2009-063), the Canadian International Trade Tribunal (CITT) dismissed the case because it was filed beyond the 10 day statutory deadline and awarded the complainant (BMT Fleet Technology Limited) to pay Public Works and Government Services Canada (PWGSC) $1000 as complaint costs (that is, to respond to the complaint).

The reason why this decision is important is that Complainants must consider the weak parts of their complaint because the CITT may award costs. That being said, the amount of costs is relatively low (if you look at this case). The CITT awarded $1000 based on its Guideline for Fixing Costs in Procurement Complaint Proceedings (the Guideline), which contemplates classification of the level of complexity of cases based on three criteria: the complexity of the procurement, the complexity of the complaint and the complexity of the complaint proceedings. There are three levels of complexity and corresponding costs:

Level 1: $1,000

Level 2: $2,400

Level 3: $4,100

Appendix A of the Guideline sets out the criteria for assessing the level of complexity in a given case - go to the following link - http://www.citt.gc.ca/publicat/cost04_e.asp#P50_4403

Usually, the CITT finds the level of complexity to be at Level 1 or Level 2. It is unusual for the CITT to find the level of complexity is at Level 3.

Please go to the following link to read the CITT decision - http://www.citt.gc.ca/procure/orders/pr2j63a_e.asp

Leave a Reply

remember my information