Explains how an agency must respond to and resolve any supplier complaints.
- A supplier may complain to an agency if it believes the agency has not followed the Rules. An agency must consider and respond promptly and impartially to a complaint. An agency must try to resolve any complaints in good faith.
- 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.
- 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 (eg the Office of the Auditor-General, the Ombudsman, the Commerce Commission, or a court of law).
- Without limiting its legal rights, an agency must fully cooperate in any review or hearing of a supplier’s complaint by a competent authority.
More information on supplier 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 Guide to supplier feedback and complaints [PDF, 392KB] [PDF, 392 KB] for more information.