Procurement

Determinations

HEWLETT-PACKARD (CANADA) LTD.
File Nos. PR-2001-030R and PR-2001-040R

• DETERMINATION OF THE TRIBUNAL

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Ottawa, Thursday, October 31, 2002

File Nos. PR-2001-030R and PR-2001-040R

IN THE MATTER OF complaints filed by Hewlett-Packard (Canada) Ltd. under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47;

AND FURTHER TO a decision of the Federal Court of Appeal, which referred back to the Canadian International Trade Tribunal its determination in File Nos. PR-2001-030 and PR-2001-040 made February 21, 2002, on the basis that the first ground of complaint in File No. PR-2001-030 should be dismissed as being time-barred; and which further quashed the Canadian International Trade Tribunal's recommendation that the contract awarded to IBM Canada Ltd. on September 12, 2001, be terminated and a new solicitation be issued.

DETERMINATION OF THE TRIBUNAL

The Canadian International Trade Tribunal, in accordance with a decision of the Federal Court of Appeal, ¹ hereby amends its determination dated February 21, 2002, made in respect of the above-mentioned complaints.

Pursuant to section 10 of the Canadian International Trade Tribunal Procurement Inquiry Regulations, the Canadian International Trade Tribunal dismisses the first ground of complaint in File No. PR-2001-030 as not being filed within the time limits set out in section 6 of the Canadian International Trade Tribunal Procurement Inquiry Regulations. Given that the Canadian International Trade Tribunal has dismissed, pursuant to section 10 of the Canadian International Trade Tribunal Procurement Inquiry Regulations the second and only other ground of complaint, the complaint in File No. PR-2001-030 is dismissed.

The Canadian International Trade Tribunal's determination and recommendation with respect to the complaint in File No. PR-2001-040 remain unchanged.

The Canadian International Trade Tribunal's cost award is amended to award Hewlett-Packard (Canada) Ltd., pursuant to subsection 30.16(1) of the Canadian International Trade Tribunal Act, its reasonable costs incurred in preparing and proceeding with the complaint in File No. PR-2001-040. No other costs are awarded.

Ellen Fry
Ellen Fry
Presiding Member

Pierre Gosselin
Pierre Gosselin
Member

James A. Ogilvy
James A. Ogilvy
Member

Michel P. Granger
Michel P. Granger
Secretary

1 . IBM Canada. v. Hewlett-Packard (Canada) (4 July 2002), A-173-02 (F.C.A.); Canada (Attorney General) v. Hewlett-Packard (Canada) (4 July 2002), A-178-02 (F.C.A.).