Supplier complaints
When suppliers who engage in good faith are dissatisfied with an agency’s following of the Rules, there are several options available to them.
Expectations on agencies
A supplier may complain to an agency if it believes the agency has not followed the Rules. It’s expected that the agency tries to resolve any complaints in good faith. It should consider and respond promptly and impartially to the complaint. Without limiting its legal rights, an agency must fully cooperate in any review or hearing of a supplier’s complaint by a competent authority.
The way the agency deals with the complaint must not prejudice the supplier’s ongoing or future participation in contract opportunities or affect any right the supplier may have to a judicial review or other remedy.
Record keeping
An agency must keep good records of its procurement process and decisions. These records must be made available to any authority competent to hear or review a supplier’s complaint (for example, the Office of the Auditor-General, the Ombudsman, the Commerce Commission, or a court of law).
How suppliers can seek redress
If a supplier has complained to an agency, but is not satisfied, it has several options available for further redress. These may include:
- an independent review or investigation
- a mediation or alternative dispute resolution
- an investigation by the Auditor-General
- an investigation by the Ombudsman
- an investigation by the State Services Commission
- an investigation by the Commerce Commission
- taking the agency to court.
Before taking further steps, it is important that the supplier has tried, in good faith, to resolve the problem with the agency. See the Feedback and complaints page for more information.