CITT (Canadian International Trade Tribunal)

CITT stands for the Canadian International Trade Tribunal. It is an independent Canadian tribunal that, among other functions, conducts inquiries into complaints concerning federal government procurement and adjudicates certain trade, customs and excise matters. Its role in procurement is described in the Administrative Tribunals Support Service of Canada Info Source.

For suppliers, the CITT is Canada's federal bid-challenge authority. If a supplier believes a covered federal procurement was run unfairly or inconsistently with the applicable trade agreements, the CITT is the body that can inquire into the complaint. Federal policy material identifies it in this role, as set out in the Treasury Board policy documentation.

Which procurements the CITT can review

The CITT reviews complaints about procurements conducted by federal government departments and agencies when the procurement is covered by an applicable trade agreement. Public Services and Procurement Canada (PSPC) guidance lists the CUSMA, the CFTA, the WTO Agreement on Government Procurement, the Canada-Chile Free Trade Agreement and other applicable agreements. The same list appears in the PSPC assessor guidance for supply arrangement requirements.

Earlier federal policy material names the CITT as the bid-challenge authority for NAFTA, the WTO Agreement on Government Procurement and the Agreement on Internal Trade. The agreements have changed over time, but the CITT's role as the forum for covered procurement complaints has stayed the same.

The CITT also appears in professional-services procurement. PSPC guidance identifies CITT complaints as available for procurements under the federal professional-services systems, including those covered by the listed trade agreements. For ProServices, a supplier may also have recourse to the Office of the Procurement Ombudsman, depending on the matter.

What a supplier can challenge

A potential supplier may challenge alleged unfair treatment in the solicitation, in the evaluation of bids, offers or arrangements, or in the contract award. The CITT may review the procurement up to and including contract award. This is stated in the PSPC material on supplier conduct.

Complaints arise in real competitions. A PSPC procurement for security-screening equipment, for example, generated a CITT complaint concerning conveyor X-ray machines and walk-through metal detectors, as recorded in a PSPC Question Period note.

Remedies the CITT can recommend

The CITT can recommend that a contract award be delayed, that offers be reevaluated, that a contract be terminated or that the competition be restarted. It may also award reasonable costs associated with responding to the solicitation and filing the complaint. These remedies are described in the Treasury Board policy documentation.

Filing deadlines and first steps

Federal procurement materials advise suppliers to raise concerns with the contracting authority first. They also stress that CITT complaint deadlines are strict and vary according to the complaint body. A federal request for proposals, such as this CanadaBuys tender notice for counselling services, repeats that warning to bidders.

What the CITT means for a supplier bidding on Canadian public contracts

• Check whether the procurement is a federal one covered by a trade agreement, because that determines whether the CITT can hear a complaint.
• Read the solicitation documents for the recourse section, which names the CITT and the deadlines that apply.
• Raise concerns with the contracting authority promptly, and keep a dated record of every question and response.
• Treat the complaint deadline as fixed. Missing it can end the option of a challenge.
• Know the limits of the remedies. The CITT recommends outcomes such as reevaluation or a new competition. It does not guarantee an award to the complainant.