CITT: March 2006 Determinations
Re A Complaint by Bell Canada (CITT File No. PR-2005-055)
The CITT decided not to initiate an inquiry into this complaint by Bell Canada (Bell) against the Department of Public Works and Government Services Canada (PWGSC). Bell alleged that PWGSC had improperly awarded a contract to MTS Allstream Inc. (MTS) because MTS's proposal did not comply with the Canadian Radio-television and Telecommunications Commission (CRTC) regulatory framework which applies to this solicitation.
The CITT held that the last two complaints were not made within the timelines permitted by s.6(1) of the Regulations because they had received the letter advising that the contract had been awarded to MTS on February 21, 2006, but had not filed the complaints until March 8 and 10, 2006.
The Request for Proposal (RFP) placed the onus on the bidder to obtain the approvals required by any CRTC regulations or rulings that applied to the services being procured and to certify to PWGSC that the necessary steps had been taken to ensure that it would be able to provide the services as proposed in its bid. While the RFP also provided that PWGSC had the right to verify those certifications and terminate the contract if they were inaccurate, there was no obligation placed upon it to do so.
The CITT commented on its jurisdiction, saying "the verification of the compliance with the CRTC regulations and the potential impact on the subject contract are matters of contract administration and beyond the jurisdiction of the Tribunal." The Tribunal found that this procurement was not conducted in violation of the Agreement on Internal Trade. (Date of Determination: 2006/03/17.)
