ROCKWELL COLLINS CANADA INC.

ROCKWELL COLLINS CANADA INC.
v.
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES
File No. PR-2017-006

Determination issued
Monday, September 11, 2017

 

IN THE MATTER OF a complaint filed by Rockwell Collins Canada Inc. pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C., 1985, c. 47 (4th Supp.);

AND FURTHER TO a decision to conduct an inquiry into the complaint pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act.

BETWEEN

ROCKWELL COLLINS CANADA INC. Complainant

AND

THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES Government Institution

DETERMINATION

Pursuant to subsection 30.14(2) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal determines that the complaint is valid.

Pursuant to subsections 30.15(2) and (3) of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal recommends that the Department of Public Works and Government Services compensate Rockwell Collins Canada Inc. for half of its lost profits for the Phase 1 work and, to the extent that the Department of Public Works and Government Services has already exercised, or intends to exercise, its options for them, the Phase 2 and Phase 3 work. 

Should the parties be unable to agree on the amount of compensation, Rockwell Collins Canada Inc. shall file with the Canadian International Trade Tribunal, within 40 days of the date of this determination, a submission on the issue of compensation. The Department of Public Works and Government Services will then have seven working days after receipt of Rockwell Collins Canada Inc.’s submission to file a response. Rockwell Collins Canada Inc. will then have five working days after the receipt of the Department of Public Works and Government Services’ reply submission to file any additional comments. The parties are required to serve each other and file with the Canadian International Trade Tribunal simultaneously.

Pursuant to section 30.16 of the Canadian International Trade Tribunal Act, the Canadian International Trade Tribunal awards Rockwell Collins Canada Inc. its reasonable costs incurred in preparing and proceeding with this complaint. In accordance with the Procurement Costs Guideline, the Canadian International Trade Tribunal’s preliminary indication of the level of complexity for this complaint case is Level 3, and its preliminary indication of the amount of the cost award is $4,700, which reflects the technical nature of the Request for Standing Offer and the need to hold an oral hearing. If any party disagrees with the preliminary level of complexity or indication of the amount of the cost award, it may make submissions to the Canadian International Trade Tribunal, as contemplated in article 4.2 of the Procurement Costs Guideline. The Canadian International Trade Tribunal reserves jurisdiction to establish the final amount of the cost award.

Jason W. Downey
Jason W. Downey
Presiding Member

The statement of reasons will be issued at a later date.

Case Number(s)

PR-2017-006

Attachment(s)

pr2r006_e.pdf (47.13 KB)

Status

Publication Date

Monday, September 11, 2017

Modification Date

Monday, September 11, 2017