An artist’s rendering of the Type 26 Global Combat Ship, Lockheed Martin’s proposed design for Canada’s $60-billion fleet of new warships. COURTESY LOCKHEED MARTIN CANADA

An artist’s rendering of the Type 26 Global Combat Ship, Lockheed Martin’s proposed design for Canada’s $60-billion fleet of new warships. COURTESY LOCKHEED MARTIN CANADA

Legal challenge filed over high-stakes competition to design $60B warships

The federal government had originally said it wanted a “mature design” for its new warship fleet, which was widely interpreted as meaning a vessel that has already been built and used by another navy.

The $60-billion effort to build new warships for Canada’s navy has hit another snag, this time in the form of a legal challenge by one of three companies in the competition to design the vessels.

The federal government announced last month that U.S. defence giant Lockheed Martin beat out two rivals in the long and extremely sensitive competition to design replacements for the navy’s frigates and destroyers.

Lockheed’s design was based on a brand-new class of frigates for the British navy called the Type 26. The company is negotiating a final contract with the government and Halifax-based Irving Shipbuilding, which will build the ships.

But one of the other two bidders, Alion Science and Technology, has asked the Federal Court to quash the government’s decision, saying Lockheed’s design did not meet the navy’s stated requirements and should have been disqualified.

Two of those requirements related to the ship’s speed, Alion said in court filings, while the third related to the number of crew berths.

The rules of the competition required the federal procurement department and Irving, which helped evaluate the bids, “to reject Lockheed’s bid because of its non-compliance,” Alion added. Instead, they selected it as the preferred design.

Alion added that its own proposed design, which was based on a Dutch frigate, met all of the navy’s requirements. It also said that it has received no information about why Lockheed’s bid was selected over its own, despite requests for answers.

Lockheed Martin, Irving and Public Services and Procurement Canada declined to comment because the matter is before the courts. The third company involved in the design competition, Spanish firm Navantia, has remained largely silent on Lockheed’s successful bid.

The government is planning to build 15 new warships starting in the next three or four years, which will replace Canada’s 12 aging Halifax-class frigates and already-retired Iroquois-class destroyers. They’re to be the navy’s backbone for most of the century.

Read more: Feds aiming to select preferred design for $60B warships by end of month

Read more: Potentially hazardous mould found in Canadian warship

The bid by Lockheed, which also builds the F-35 stealth fighter and other military equipment, was contentious from the moment the design competition was launched in October 2016.

The federal government had originally said it wanted a “mature design” for its new warship fleet, which was widely interpreted as meaning a vessel that has already been built and used by another navy.

But the first Type 26 frigates are only now being built by the British government and the design has not yet been tested in full operation.

There were also complaints from industry that the deck was stacked in the Type 26’s favour because of Irving’s connections with British shipbuilder BAE, which originally designed the Type 26 and partnered with Lockheed to offer the ship to Canada.

Irving, which worked with the federal government to pick the top design, also partnered with BAE in 2016 on an ultimately unsuccessful bid to maintain the navy’s new Arctic patrol vessels and supply ships.

That 35-year contract ended up going to another company.

Irving and the federal government have repeatedly rejected such complaints, saying they conducted numerous consultations with industry and used a variety of firewalls and safeguards to ensure the choice was completely fair.

But industry insiders had long warned that Lockheed’s selection as the top bidder, combined with numerous changes to the requirements and competition terms after it was launched — including a number of deadline extensions — would spark lawsuits.

Government officials acknowledged last month the threat of legal action, which has become a favourite tactic for companies that lose defence contracts, but expressed confidence that they would be able to defend against such an attack.

Lee Berthiaume, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Rachel Spanier opened her new business, Rikki Lou Who’s Gift Emporium at the corner of Alexander Street and Lakeshore Drive on May 11. Space at the rear of the store is dedicated to her other business, Head Gamez Hair & Company. (Lachlan Labere-Salmon Arm Observer)
Lookie-loos welcome at new downtown Salmon Arm business

Rachel Spanier combines gift emporium and Head Gamez salon at one location

A thief or thieves broke into a kitchen at the grandstands at the Salmon Arm Fairgrounds recently, destroying a door apparently with the intention of stealing copper. (Martha Wickett-Salmon Arm Observer)
Man found sleeping amidst damage on Salmon Arm fairgrounds

Agricultural association dismayed by vandalism, thefts in kitchen, dance studio

Quinn, left, and Adrian Van de Mosselaer are going through UBCO’s nursing program together after Quinn encouraged his brother to go back to school. (UBC Okanagan/Contributed)
UBC Okanagan student transitions from professional hockey to nursing

Adrian Van de Mosselaer credits his younger brother for the push to get him back to learning

The first Pfizer-BioNTech COVID-19 vaccine dose in Canada is prepared at The Michener Institute in Toronto on Monday, Dec. 14, 2020. THE CANADIAN PRESS/Frank Gunn
One death, 39 new cases of COVID-19 in Interior Health

There are 484 active cases of the virus in the region currently

Letter writer concerned there was a lack of notice by School District 83 regarding the May 12 board meeting on the district’s Long Range Facilities Plan. Discussion at the meeting is expected to focus on Salmon Arm schools, including the J.L. Jackson campus. (Google maps image)
Letter: Public provided little notice on Salmon Arm school facilities meeting

Writer questions what constitutes proper communication

B.C. Labour Minister Harry Bains in the B.C. legislature, May 13, 2019. (Hansard TV)
VIDEO: B.C. to provide 3 days of sick pay for COVID-19 absences

Province will support employers on cost, labour minister says

(Glenmore Neighbours/Facebook)
VIDEO: Parade of ducklings stalls Glenmore traffic

Duck and ducklings trek across Glenmore, guided to pond by residents

Vernon’s Tanya Wick, human resources VP at Tolko Industries Ltd., has been named the 2021 HR Professional of the Year by the Chartered Professionals in Human Resources of British Columbia and Yukon. (CPHR BC & Yukon photo)
Okanagan resident gets top provincial award for HR excellence

Tolko’s Tanya Wick has earned the title of 2021 HR Professional of the Year

BC Housing minister David Eby. (THE CANADIAN PRESS/Chad Hipolito)
Eby jabs back against Penticton mayor’s ad urging BC Premier to intervene in shelter dispute

Eby writes that Penticton’s ‘serious’ social issues won’t improve under leadership of the mayor

What3words was first created in the U.K. in 2013 and is credited to saving the lives of outdoor enthusiasts around the world. (Contributed)
‘This is a life saving tool’: App helps paramedics find capsized canoeists near Revelstoke

What3words pinpoints the person’s phone location to a three-meter range

The City of Vernon is taking a close look at six high-priority Okanagan Lake access points, including three sites along Tronson Road (pictured above) in May 2021. (Brendan Shykora - Morning Star)
Vernon council looking closely at Okanagan Lake access points

Six access points have been identified as ideal for recreation

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, April 29, 2021. (B.C. government)
B.C.’s COVID-19 rate creeps up again, 600 new cases Wednesday

One more death, 423 people in hospital with virus

RCMP. (Phil McLachlan - Black Press Media)
Police working to identify the two bodies found in South Okanagan

The area will see higher police presence ahead of a forensic examination

Most Read