THE ACCESS INFORMATION AGENCY INC.

THE ACCESS INFORMATION AGENCY INC.
File No. PR-
2017-005

Decision made
Monday, May 1, 2017

Decision and reasons issued
Monday, May 8, 2017

TABLE OF CONTENTS

 

IN THE MATTER OF a complaint filed pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.).

BY

THE ACCESS INFORMATION AGENCY INC.

AGAINST

THE DEPARTMENT OF HEALTH

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. Since the complainant has not yet received a definitive response to its objection to the government institution, the complaint is premature.

Daniel Petit
Daniel Petit
Presiding Member

STATEMENT OF REASONS

  1. Subsection 30.11(1) of the Canadian International Trade Tribunal Act[1] provides that, subject to the Canadian International Trade Tribunal Procurement Inquiry Regulations,[2] a potential supplier may file a complaint with the Canadian International Trade Tribunal (the Tribunal) concerning any aspect of the procurement process that relates to a designated contract and request the Tribunal to conduct an inquiry into the complaint. Subsection 30.13(1) of the CITT Act provides that, subject to the Regulations, after the Tribunal determines that a complaint complies with subsection 30.11(2) of the CITT Act, it shall decide whether to conduct an inquiry into the complaint.
  2. The complaint concerns a request for availability (hereafter, the RA) issued on April 4, 2017, by the Department of Health (Health Canada). The RA was issued pursuant to a standing offer for temporary help services in the National Capital Region for the purpose of issuing a call-up to one of the companies holding a standing offer. The requested services were those of an advanced-level consultant specialized in dealing with access to information and privacy requests. 
  3. In its complaint, The Access Information Agency Inc. (AIA) contends that Health Canada disqualified its bid using an undisclosed evaluation criterion and refused to award it the contract contrary to the applicable rules of the RA, used the procurement process to favour a specific supplier and refused to provide the estimated value of the contract to be awarded pursuant to the RA, the name of the contract awardee, the characteristics and advantages of the winning bid, and the reasons for which its bid was unsuccessful.
  4. The Tribunal notes that the contents of this complaint are, for all practical purposes, identical to those of the complaint filed by AIA on April 24, 2017, in File No. PR-2017-003.
  5. However, the Tribunal decided not to conduct an inquiry into File No. PR-2017-003, since AIA had not yet received a definitive response to its objection to the government institution and its complaint was therefore premature. The Tribunal advised AIA of its decision on April 27, 2017.
  6. The present complaint was filed on April 28, 2017, and AIA has yet to receive a definitive response to its objection to Health Canada.
  7. In these circumstances, the Tribunal, for the same reasons as in File No. PR-2017-003, decides not to conduct an inquiry into the complaint.

DECISION

  1. Pursuant to subsection 30.13(1) of the CITT Act, the Tribunal has decided not to conduct an inquiry into the complaint. Since the complainant has not yet received a definitive response to its objection to the government institution, the complaint is premature.
 

[1].      R.S.C., 1985, c. 47 (4th Supp.) [CITT Act].

[2].      S.O.R./93-602 [Regulations].

Case Number(s)

PR-2017-005

Attachment(s)

pr2r005_e.pdf (45.24 KB)

Status

Publication Date

Wednesday, May 10, 2017

Modification Date

Wednesday, May 10, 2017