Khoury Real Estate Services Ltd. v. Canada ( Minister of Public Works and Government Services )
T-2050-95
MacKay J.
3/10/96
17 pp.
Application for judicial review of Public Works and Government Services Canada (PWGSC) Evaluation Board's decision rejecting applicants' tender proposal and requesting written details of evaluation of tender proposals submitted-Applicants submitting bid for providing office space for federal agencies-After evaluation, applicants advised their bid ranking third of six-Applicants meeting with government officials for review of evaluation process and discovering page regarding significant financial data missing from proposal-Page added and proposals re-evaluated-Applicants'proposal now ranking first but prior rejection of proposal not withdrawn and no information offered on successful proposal-Applicant seeking available "debriefing" on method of evaluating proposal, without success-PWGSC ultimately deciding that none of proposals submitted would be accepted and process cancelled-Doctrine of mootness not basis for declining to resolve matter still in dispute, namely, issue of providing written details of evaluation of tender proposals, even if project itself now withdrawn from competition-However, order declaring invalid PWGSC's decision rejecting applicants'proposal no longer available under doctrine of mootness-Cancellation of process precludes any practical significance of reviewing decision-Respondents arguing application seeking to review two decisions when R. 1602(4) permitting review of only one decision-Court agreeing with applicant that while application refers to two orders sought, only one matter sought to be reviewed, propriety of PWGSC rejecting tender proposal without supplying evaluation of all tenders-On merits, marks assigned to each criteria for all projects need not be revealed but more explanation of Department's assessment of tender should be provided to ensure integrity in tender process-Applicants in open tendering process entitled to expect information about proposals generally demonstrating fairness-By refusal to provide any information PWGSC failed in responsibility to demonstrate it acted fairly in evaluation of proposals-Order to go PWGSC provide information permitting general comparison of marks assigned to applicants' project proposal with general measure such as range, average or median of marks assigned to all proposals-In all other respects, application dismissed-Federal Court Rules, C.R.C., c. 663, R. 1602(4) (as am. by SOR/92-43, s. 19).