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PHOENIX — The state Department of Public Safety won't take a new $20 million contract for photo enforcement away from a Scottsdale firm, even though it had been operating some of its radar guns illegally.

Lu Himmelstein, the agency's chief procurement officer, acknowledged that the radar units Redflex Traffic Systems put into two vehicles being leased by DPS had not been certified for use in this country by the Federal Communications Commission.

American Traffic Solutions, a competitor that did not get the bid to set up an additional 100 fixed and mobile radar systems, said that meant Redflex was not a "responsible bidder," one of the requirements to get the contract.

But Himmelstein said the certification issue did not disqualify Redflex from bidding on, and in this case getting, the contract. She said that, as far as the DPS is concerned, Redflex met the legal requirements.

"A determination of responsibility does not indicate that an offeror is perfect," Himmelstein wrote in the 14-page order rejecting American Traffic Solutions' appeal. She accepted arguments by Redflex that the failure to have the equipment FCC-certified was an "oversight."

ATS spokesman Josh Weiss said an appeal will be filed with the state Department of Administration. If that fails, he said, the company will sue the state.