CONTRACTS WITH CROWN - Formation - Request for proposals

Law360 Canada ( October 27, 2017, 8:28 AM EDT) -- Application by the Crown for judicial review of a decision by the Canadian International Trade Tribunal (Tribunal) in favour of the respondent, Springcrest. The Department of Public Works and Government Services issued a Request for Proposals (RFP) to supply seawater pumps for the Royal Canadian Navy on an urgent basis. The RFP included a shock testing certificate requirement for non-manufacturers. The respondent, a non-manufacturer, filed a complaint with the Tribunal after the Crown refused to remove the requirement. The Tribunal accepted that the shock testing certificate was a legitimate and non-discriminatory operational requirement for securing delivery of the pumps without undue delay. However, the Tribunal ruled that it was impossible for certain non-manufacturer suppliers to meet the timeline of the requirement prior to the bid closing. The Tribunal recommended cancellation and re-issuance of the RFP to either remove the requirement, or allow suppliers of equivalent products sufficient time to provide the certificate. The Crown sought judicial review....
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