Handling Complaints

Practice

1. An agency's complaint handling procedures should require that tenderers be asked to lodge their complaint with the agency in writing setting out:
   • a statement as to what the tenderer considers was defective in the tendering process;
   • copies of, or references to, evidence of information to support the tenderer's view; and
   • a statement as to what the tenderer wishes to achieve from the complaint process.
     • If a complaint is received and dealt with orally, no acknowledgement may be required but the discussion and outcome should be documented and filed.
     • Written complaints should be acknowledged in writing. The acknowledgement should include: a summary of the complaint; a reference to the agency's complaint handling procedures; and an indication of the timeframe for a formal response to the complaint.
2. Complaints regarding a tender process should be addressed by a person/s with the appropriate knowledge and understanding of the relevant procurement process.
3. The response to a complaint should outline clearly:
   • the issues raised;
   • the examinations carried out;
   • an assessment of the complaint; and
   • a list of the tenderer's options if they are not satisfied with the outcome.

Independent internal review

4. Where a tenderer subsequently lodges a request for a further examination of the issue, the agency should conduct an independent internal review. The reviewer should:
   • not have been involved with the tender evaluation or the contract award and administration of the relevant contract; and
   • be independent of direction from anyone who was involved in the process; and
   • have access to all files and records relating to the tender process.
5. Following the decision, the tenderer should be provided with the outcome in writing, outlining:
   • the examinations carried out;
   • an assessment of the complaint;
   • the fact that the agency considers the complaint investigation closed; and
   • a list of the tenderer's options if they are not satisfied with the outcome.

Complaints Not Resolved by the Agency

6. External options are available if independent review of a complained is necessary.