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But because Critical Software and Kongsberg didn’t provide a percentage figure of how many systems were in use in each region, their bid was disqualified by the government.

We filed this complaint because, in our view, the evaluation did not follow the process defined, resulting in a competition that was neither open nor fair

The two companies questioned that decision and were stunned when federal officials admitted they have never tested the winning system and didn’t actually know whether it meets the requirements of the Canadian Forces or the Canadian Coast Guard.

Public Service and Procurement Canada officials stated “Canada may, but will have no obligation, to require that the top-ranked Bidder demonstrate any features, functionality and capabilities described in this bid solicitation or in its bid,” according to the federal response provided to Kongsberg/Critical Software and included in its complaint to the trade tribunal.

The government noted in its response that such an evaluation would be conducted after the contract was awarded and insisted the acquisition process was fair and open.

Photo by Jane Willsie for The Whig-Standard/Postmedia Network

Public Services and Procurement Canada declined to comment because the complaint is before the trade tribunal. MDA also declined to comment.

Ranald McGillis, president of Kongsberg Geospatial, said in an email to Postmedia that the firm hopes the complaint will lead to improvements in the procurement system.

“We filed this complaint because, in our view, the evaluation did not follow the process defined, resulting in a competition that was neither open nor fair,” he noted. “We were concerned when we learned that at least one of the mandatory requirements for this project was not actually evaluated at all.”