Tribunal Dismisses Post-Award Complaint

By: Anna Krol

In its March 2018 determination in Atlantic Catch Data Ltd. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal dismissed a complaint about a personnel change which occurred after the award of the disputed contract. The case, which was one of the first rulings of the Tribunal under the Canadian Free Trade Agreement, dealt with an RFP for the monitoring of marine water.

The complainant alleged that the contract award should be struck down since the selected bidder did not have the required personnel available from the outset of the contract, which they claimed was contrary to the requirements of the RFP. The Tribunal disagreed, finding that the personnel listed in the bid were available to perform the work at the time of bid closing and the changes in the composition of the team occurred after the contract was awarded. The Tribunal found that the government was not in breach of the trade treaties, clarifying that post-award personnel changes were a contract administration issue and not a procurement process issue. The Tribunal dismissed the complaint and upheld the contract award.