An Israeli defence contractor is taking the Canadian government to court after the company says it was taken out of the running for a multimillion-dollar military equipment contract without explanation.
Elbit Security Systems Ltd. says in an application filed in Federal Court last month that Public Services and Procurement Canada has refused to explain its 91裸聊视频減urported disqualification91裸聊视频� from a contract for hand-held laser rangefinders for the Canadian Armed Forces.
Elbit says the government91裸聊视频檚 refusal to give its reasons until after the contract is awarded prevents the firm from having 91裸聊视频渁 full and fair opportunity to compete.91裸聊视频�
The company says it can91裸聊视频檛 91裸聊视频渕eaningfully participate91裸聊视频� in the procurement process because the federal government is 91裸聊视频渋mproperly withholding91裸聊视频� information about why it disqualified Elbit91裸聊视频檚 bid.
Elbit has been targeted by protesters in Canada, including at last year91裸聊视频檚 Scotiabank Giller Prize ceremony. Protesters with signs saying 91裸聊视频淪cotiabank Funds Genocide,91裸聊视频� taking exception to the bank91裸聊视频檚 investments in Elbit, jumped on the stage at the ceremony in November.
The company91裸聊视频檚 Toronto-based legal team at the firm Fasken declined to comment on the application filed June 20 in Ottawa.
In a statement, Public Services and Procurement Canada said the federal government 91裸聊视频渦ses open, fair and transparent procurement processes.91裸聊视频�
Elbit claims the contract is potentially worth tens of millions of dollars and was supposed to have been awarded late last month, but Public Services and Procurement Canada91裸聊视频檚 statement said the procurement process 91裸聊视频渃ontinues and a contract is expected to be awarded later this summer.91裸聊视频�
It said it would not comment on Elbit91裸聊视频檚 case as the matter is before the court.
Elbit says in its judicial review application that the disqualification was 91裸聊视频減rocedurally unfair, incorrect, and unreasonable.91裸聊视频�
91裸聊视频淚t also undermines the integrity of the procurement and the obligations enshrined in Canada91裸聊视频檚 trade agreements to ensure fair and open access to government procurement opportunities through a transparent and efficient framework,91裸聊视频� Elbit91裸聊视频檚 application says.
The company claims being dropped from the running put Elbit 91裸聊视频渁t a significant competitive disadvantage 91裸聊视频� and resulted in economic loss.91裸聊视频�
The company has been a long-standing supplier to the Department of National Defence, with past contracts for night-vision equipment worth millions.
The contract in question first came up in January, but the company says it was told in May that its bid didn91裸聊视频檛 meet 91裸聊视频渕andatory industrial and technological benefits91裸聊视频� as required by a policy of Innovation, Science and Economic Development Canada.
The policy 91裸聊视频渃ontractually requires companies awarded defence procurement contracts to undertake business activity in Canada equal to the value of the contracts they have won,91裸聊视频� Innovation, Science and Economic Development Canada91裸聊视频檚 website says.
Canada91裸聊视频檚 refusal to further explain why the company was disqualified has left it 91裸聊视频渨ith the grave concern that Canada may have applied undisclosed evaluation criteria, which is contrary to principles of fundamental justice, transparency, and equality in public procurement.91裸聊视频�
It said the failure to disclose the reasons represents a 91裸聊视频渇lagrant violation of the law by Canada in its conduct of the procurement. 91裸聊视频�
The company wants the Federal Court to quash the disqualification decision and to stay the contract award pending the court case91裸聊视频檚 outcome. It also wants an order for the government to disclose its reason for disqualifying Elbit.
91裸聊视频淭he applicant has a right to expect that Canada will follow its processes and apply the laws regardless of the origin of a supplier,91裸聊视频� Elbit91裸聊视频檚 application says.
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