By Paul Emanuelli

This article is an excerpt from Government Procurement, which is available for purchase.

In its January 2016 determination in Talk Science to Me Communications Inc. v. Canadian Nuclear Safety Commission, the Canadian International Trade Tribunal ordered the reevaluation of bids in an English writing and editing services RFP after the government relied on hidden criteria to disqualify the complainant. The Tribunal found that the government had relied on undisclosed criteria since the RFP did not set out the qualifications or specify the full-time employee requirements that the government relied on when it rejecting the complainant’s proposal. The government was therefore directed to re-evaluate the submissions.