A complaint over an “unexplainably unfindable” tender to provide crime scene security for the RCMP raises serious questions about how the government buys goods and services, a recent investigation has found.
The questions arise from a complaint lodged by the B.C. Corps of Commissionaires, the provincial arm of a national not-for-profit that employs veterans and former RCMP members.
In filings with the Canadian International Trade Tribunal, a quasi-judicial body that hears complaints about government procurement, the Corps said it somehow inexplicably missed a posting for a security contract it already held and was searching for daily.
Although the tribunal ultimately ruled with the government, it found the case highlighted “important systemic issues” that may be relevant to every organization bidding on government contracts.
The case asks whether companies can trust government websites to function properly and whether the government should notify current and potential suppliers about contracts.
‘Unprecedented’ detection failure
Last April, Public Services and Procurement Canada (PSPC) posted a tender to provide security services for the RCMP.
The tender was open until the end of May, but Commissionaires B.C., which held the contract at the time, never saw the listing.
According to the organization, the detection failure was “unprecedented” and suggested “critical deficiencies” in the government websites.
In its complaint to the tribunal, Commissionaires B.C. said it had set up automated alerts on various websites where tenders were posted. It also performed manual checks daily and was supported by a separate monitoring system at the national office, according to the complaint.
“The absence of proper notification of the Solicitation deprived Commissionaires B.C. of a fair and equal opportunity to compete — undermining competitive integrity and potentially affecting the continuity and quality of services provided to the Royal Canadian Mounted Police (RCMP),” the complaint read.
“The revenue generated from contracts like this is essential for providing stable employment opportunities for veterans and funding critical services that directly support their wellbeing and the broader community.”
Emails provided to the tribunal showed a government procurement officer contacted Commissionaires B.C. only
after
the submission deadline to ask why it hadn’t applied.
“The fact that we missed the opportunity to bid on this is not only a serious concern, but raises a lot of questions around notification of the opportunity itself,” responded Chris Mitchell, president and CEO of Commissionaires B.C.
Mitchell argued that, although PSPC was not required to notify incumbent suppliers, it should do so as best practice. Not only that, he wrote, but the situation also suggested some sort of technical glitch had occurred with the “highly unreliable” websites where tenders were posted.
Vice-president
of operations
for Commissionaires B.C.
Julie Powers declined to comment.
Notify all incumbents, tribunal says
In its determination, the tribunal found the complaint was “not valid, but not without merit.”
It said the government successfully defended itself with a “narrow legal argument,” but the case highlighted potential tech issues.
“What value does the publication of a solicitation hold if the electronic platform on which it is posted cannot be reliably searched or its notification system fails to properly alert potential suppliers…?” the tribunal wrote.
As a potential remedy, it
urged the government to investigate the tech problems and to adopt a standing policy of directly notifying incumbent suppliers.
In an email, PSPC spokesperson Jeremy Link said the department reviewed claims from the B.C. Corps of Commissionaires and “did not uncover any conclusive evidence of system errors.”
As for the tribunal recommendations, Link said PSPC would not be notifying suppliers as “a blanket practice.”
Rather, he said, the department would continue to rely on transparent public posting and supplier self-registration tools to ensure broad, timely access to opportunities.
Commissionaires B.C. was ordered to pay PSPC $287.50 for costs.
