This article is an excerpt from Government Procurement, which is available for purchase.
In its May 2016 determination in Oshkosh Defence Canada Inc. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal ordered a re-evaluation and possible lost profits after finding faulty evaluations and poor recordkeeping in a dispute over a military transport vehicle RFP. The Tribunal found that the government had ignored relevant technical information submitted by the complainant and had failed to keep adequate records to explain the contradictory conclusions reached by government evaluators during technical testing. The Tribunal awarded lost profits in the event that the complainant ranked first after the re-evaluation.
