This article is an excerpt from Government Procurement, which is available for purchase.
In its August 2016 determination in M.D. Charlton Co. Ltd. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal found that the Royal Canadian Mounted Police improperly used a national security exemption in an attempt to directly purchase night-vision binoculars with biased specifications. The Tribunal found that the RCMP’s attempt to bypass a competitive bidding process and circumvent the Tribunal’s review mechanism was not warranted by confidentiality concerns over the technical specifications since those concerns could have been addressed within the framework of a competitive bidding process.