A Call or a Debriefing – Start Your Clocks
Case commentary by Ms. Phuong T. V. Ngo, Gowlings Ottawa
March 23, 2006
Being told why your bid was non-compliant at the debriefing will start the clock when considering the time limits in which to file a complaint with the CITT.
In a recent CITT decision, Re A Complaint by L-3 Communications Electronic Systems Inc. (CITT File No. PR-2005-032) dated March 2, 2006, the CITT dealt with the issue of whether the complaint was filed in accordance with the "10 working days" limitation under subsection 6(2) of the CITT's Regulations. The limitation for filing a complaint is 10 working days after the day on which a bidder has actual or constructive knowledge of the denial of relief.
The CITT has analysed this section to expand that the knowledge of this denial of relief does not need to be in writing.
In this case, L-3 was told after the bid closing that its bid was sent late and was incomplete. L-3 continued in its attempts to persuade PWGSC that its bid was not incomplete and tried to rectify the situation by other means. The CITT determined that the appropriate course would have been to file a complaint once the supervisor contacted L-3 advising that parts of the bid were received after the bid closing deadline.
In the L-3 decision, the CITT cited Re A Complaint by Joncas PostExperts (CITT File No. PR-2005-028). It also determined that a denial of relief need not be done in writing.
In the Joncas case, the government institution argued that Joncas was explained the reason that their bid was non-compliant at the time of the debriefing. Joncas also knew that its objection was going to be given no further consideration at this debriefing. The CITT said that the main purpose of a debriefing was "to provide the unsuccessful supplier with information concerning the reasons for not selecting its bid." It found that Joncas knew of the grounds for its complaint after the debriefing and should have taken action after this.
Both L-3 and Joncas' complaints were found not to have been filed within the required time limits established by subsection 6(2) of the Regulations.
It is important to remember this rule when you are going to a debriefing session with the government institution. Make sure that you understand that it may not necessarily be just an information session, depending on the circumstances. A phone call or a simple statement may be enough to get the clock started. Limitation periods are important. It would be a shame to have an otherwise valid complaint not considered because it was filed out of time.
