If you have feedback or concerns about a procurement process, use our supplier feedback service, raise it with the agency directly, or make a formal complaint.
The government aims to demonstrate high standards in its procurement practice, but doesn’t always get it right, and sometimes your experience may not be what you expected.
If you have feedback or a complaint about a procurement process, you can:
Feedback plays an important role in identifying difficulties and barriers that suppliers are experiencing, and helps us identify improvements that may lead to better government procurement practices. It can also help us recognise good practice in agencies.
If you would like to raise a general concern about your procurement experience, you can email us. This is not the same as lodging a formal complaint.
If you have a concern during the tender process, you should raise it with the agency as early as possible.
Concerns can often result from a misunderstanding – the agency may be able to resolve your concern by explaining the process used or the reason for its decision. Raising and resolving concerns early on in a process can reduce the chance of more serious problems arising later.
If you have been unsuccessful in a tender and have a concern, you should first ask for a debrief from the agency. You should be told why your tender was not successful, compared to the winning bid. These reasons may resolve your concern or clarify any problems that the agency needs to investigate further.
If you have raised your concern with the agency but it has not been resolved, you may need to contact someone more senior within the agency, like a senior manager.
If you've made every effort to resolve your concern with the agency, but are still not happy, you may want to make a formal complaint.
Before taking any further steps, you need to have tried, in good faith, to resolve the problem directly with the agency. If you're not satisfied after raising a concern or making a formal complaint, you can:
We recommend you consult a lawyer to help you decide on the best option for your circumstances.
You can ask for an independent review or investigation – this is called a probity audit. It can be by:
Before appointing an auditor, check with the agency who will pay for the audit. The agency is not required to pay for the auditor.
If the agency agrees, you can both refer the concern or complaint to mediation or some form of alternative dispute resolution. This is faster and cheaper than going to court. Each party usually funds their own costs and shares any mediator costs.
Before taking further steps, it is important that you have first tried, in good faith, to resolve the problem directly with the agency. If you are not satisfied after raising a concern or making a formal complaint, we recommend you consult a lawyer to help you decide on the best option for your circumstances.
You can report your concern or complaint to the Auditor-General, who has the power to investigate particular complaints and issue recommendations to Parliament. The Auditor-General has no power to cancel contracts or overturn procurement decisions.
Controller and Auditor-General
You can report your concern or complaint to the Ombudsman, who can investigate complaints and make recommendations to the agency to resolve your problem.
If your concern or complaint is about the integrity of the agency, report it to the Te Kawa Mataaho Public Services Commission.
Agencies must meet the minimum ethical standards set out in the Standards of Integrity and Conduct code issued by the Public Services Commissioner. If you are claiming that the agency has breached this code and has not corrected their actions, the Public Services Commissioner may decide to investigate.
Te Kawa Mataaho Public Services Commission
If you have tried, in good faith, to get your concern or complaint heard, but feel that it has not been properly resolved, you can take the matter to court. You should go to court only as a last resort.
Make sure you get independent legal advice before taking this step.