Filing CITT Complaints : Time is of the Essence
Phuong T.V. Ngo
February 22, 2008
Although suppliers know that timelines under the CITT Regulations are very short, two recent CITT decisions highlight the importance of timeliness in raising an objection with the government department and filing a complaint with the CITT.
In A complaint by Electric Services Grand Centre Ltd. (File No. PR-2007-086) and A Complaint by Sandman Signature Hotel Toronto Airport (File No. PR-2007-085), the CITT found that the bidders did not file their complaints or raise objections within the 10 working day limitation period. The CITT decided not to inquire into either complaint and considered both matters closed.
Subsection 6(1) and 6(2) of the CITT Regulations provide that a complainant has 10 working days from the date on which it first becomes aware of its ground of complaint to either object to the contracting authority or file a complaint with the CITT. If a complainant objects to the contracting authority within the 10-working-day time frame, the complainant may file a complaint with the CITT within 10 working days after it has actual or constructive knowledge of the denial of relief.
In the Electric Services case, the bidder after having been informed that it was not a successful bidder, objected to PWGSC on October 10 and 12, 2007, claiming that the three winning bidders had not submitted compliant tenders and provided specifics on non-compliance. PWGSC replied by letter dated November 29, 2007 to the objections raised. On February 12, 2008, the bidder filed its complaint with the CITT. The CITT found that the bidder did not file its complaint in accordance with subsection 6(2) of the Regulations, or within 10 working days of November 29th, when it was denied relief by PWGSC.
In the Sandman case, PWGSC wrote to the bidder on December 1, 2007, advising that its bid was found non-compliant because it did not provide room rates as required. The bidder contacted PWGSC on January 4 and 16, 2008 to discuss the evaluation results. On January 16, 2008, PWGSC advised the bidder that there was nothing that could be done. On February 5, 2008, the bidder filed its complaint with the CITT. The CITT found that the bidder would have needed to make an objection to PWGSC within 10 working days from the date on which it received PWGSC's letter of December 1, 2007 and by the time they did object, it was considerably more than 10 working days.
These two recent decisions underline how it is critically important for a bidder to be mindful of preserving their rights in the procurement process. Raising an objection with the department or filing a complaint with the CITT as quickly as possible is critical in contesting a solicitation.
Not doing so will result in the CITT refusing to inquire into the complaint on the basis of a passed limitation period. Once such a decision has been made, it is difficult and more costly, to overturn in Court.
