What is the CITT?
The CITT is an independent administrative tribunal
that, among other things, receives, inquires into, decides,
and makes recommendations in respect of procurement
complaints.
Procurement complaints may be filed with the CITT by
potential suppliers concerning alleged breaches by the
Government of Canada of the prescribed procedural requirements
applicable to any aspects of the procurement process
for contracts covered by the North American Free
Trade Agreement, the Agreement on Internal Trade
and the World Trade Organization Agreement
on Government Procurement.
The Tribunal has rules and procedures similar to those
of a court of law, but are not quite as strict or formal.
The Tribunal is an independent body and is not part
of any federal government department or agency. The
CITT reports to Parliament through the Minister of Finance.
Several acts of Parliament give the Tribunal powers
to carry out its mandate.
What is the process?
The CITT makes an initial decision, based on information
presented in a complaint, whether to accept the complaint
for inquiry. When the CITT accepts a complaint, the
government institution and other interested parties
are notified that a complaint has been made. If the
contract in question has not been awarded, the Tribunal
may order the government institution to postpone awarding
it until the Tribunal makes its decision. The government
has the authority to override this decision in cases
involving urgency or which are contrary to the public
interest.
Once the CITT initiates an inquiry, the government
institution must respond to the complaint in writing.
Other parties may have the opportunity to comment. The
CITT makes its determination based on these written
submissions, although the CITT may, if needed, convene
an oral hearing.
In making its determination, the Tribunal can include
such recommendations as re-tendering, re-evaluating,
or providing compensation, and informs the other parties
involved. Recommendations made by the Tribunal are to
be implemented by the government institution to the
greatest extent possible.
Parties to a case have the right to have Tribunal decisions
either reviewed or appealed to the Federal Court of
Canada.
Who can file a complaint?
Any potential suppliers who believe they may have been
unfairly treated during the solicitation or evaluation
of bids, or in the awarding of contracts on a designated
procurement, may lodge a formal complaint with the CITT.
A supplier can be a sole proprietorship, a joint venture
or any other authorized business venture. In cases of
composite business ventures, it is important that mandated
persons representing the whole of the business venture
file the complaint. Generally a subcontractor is not
considered a bidder or prospective bidder on a designated
contract. It is not necessary to have previously contracted
with the government to be a prospective bidder.
A complaint must generally be received by the CITT
within 10 working days from when the complainant discovers,
or should reasonably have discovered, a specific ground
of complaint.
The CITT Record (PWGSC Procurement
only)
On average, PWGSC issues 60,000 contracts a year. Over
the past five years, the CITT has received a total of
266 complaints (an average 53 complaints a year)
regarding PWGSC procurement. Over that same period,
66 (25%) of those complaints have been found valid.
|
Year
|
Complaints
|
Dismissed
|
Not
Valid
|
Valid
|
Withdrawn
|
|
1998-1999
|
50 |
20 |
11 |
13 |
6 |
|
1999-2000
|
43 |
17 |
10 |
10 |
6 |
|
2000-2001
|
53 |
21 |
10 |
15 |
7 |
|
2001-2002
|
68 |
32 |
12 |
16 |
8 |
|
2002-2003
|
53 |
23 |
12 |
12 |
6 |
Dismissed: the CITT did not
accept the complaint
Not valid: the CITT conducted an inquiry, and
found the complaint not to be valid
Valid: the CITT conducted an inquiry and upheld
at least one of the grounds of complaint
Withdrawn: a complainant withdrew its complaint
at some point during the process
For more information visit
the CITT Web site.
|
