PUBLIC WORKS |
Siemens Westinghouse Inc. v. Canada (Minister of Public Works and Government Services)
A-195-00
Robertson J.A.
23/6/00
15 pp.
Application for judicial review of decision by Canadian International Trade Tribunal (CITT) upholding complaints by applicant's competitors--In October 1998, Department of Public Works awarded Siemens Westinghouse Inc. contract for technical services in regard to naval ships commissioned by Department of National Defence--Siemens' bid less than that of competitors, MIL Systems and Fleetway Inc.--Unsuccessful bidders filed complaint with CITT--Tribunal upheld joint complaint on two grounds--First, Public Works guilty of "bid repair", therefore Siemens' bid should have been declared "non-responsive"--Second, National Defence applied evaluation methodology materially different than one set out in bidding documents--Tribunal "recommended" Siemens' contract be terminated, bid proposals, tendered by complainants only, be re-evaluated in accordance with original methodology--Application allowed in part--No basis in law on which to interfere with Tribunal's finding with respect to change in evaluation methodology, directive that bids be re-evaluated according to original scheme--Tribunal erred in holding Siemens' bid non-responsive, Public Works offended rule against bid repair--Siemens entitled to have bid proposal re-evaluated along with those submitted by complainants--Proper standard of review herein patent unreasonableness, that is, so-called "clearly irrational" test--As matter of interpretation, right of verification under Request for Proposals extends to representations made in respect of work experience of both bidder, employees--On proper construction of Request for Proposal, Public Works did not engage in bid repair by examining work experience in previous contract, therefore Tribunal's conclusion on this point must be characterized as patently unreasonable.