Feedback and complaints
If you have feedback or concerns about a procurement process, you can 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:
- use the supplier feedback service
- raise it with the agency involved
- raise a formal complaint
- engage a third party to help you and the agency resolve the issue
- escalate to an authority or go to court.
Using the supplier feedback service
Feedback helps with identifying difficulties and barriers that suppliers are experiencing, and with finding improvements that may lead to better government procurement practices. It can also provide a way recognise good practice in agencies.
If you would like to raise a general concern about your procurement experience, you can contact us. This is not the same as lodging a formal complaint.
Raising a concern directly with an agency
The process for raising concerns with an agency can differ based on whether the tender process is ongoing or has already been unsuccessful.
During the tender process
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 coming up later.
After an unsuccessful tender
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 wasn't successful, in comparison to the winning bid. These reasons may resolve your concern or clarify any problems that the agency needs to investigate further.
Submitting a tender
If you have raised your concern with the agency but it has not been resolved, you may need to contact someone higher up in the agency, like a senior manager.
Making a formal complaint
If you've made every effort to resolve your concern with the agency but you're still not happy, you may want to make a formal complaint.
Engaging a third party
If you're not satisfied after raising a concern or making a formal complaint, you can:
- ask for an independent review or investigation
- seek mediation or alternative dispute resolution.
Before taking any further steps you need to have tried, in good faith, to resolve the problem directly with the agency. We recommend you consult a lawyer to help you decide on the best option for your circumstances.
Independent review or investigation
An independent review or investigation is called a probity audit. It can be done by:
- Audit New Zealand
- your own auditor
- an independent auditor appointed by both you and the agency.
Before appointing an auditor, speak to the agency about who will pay for the audit. The agency is not required to pay.
Mediation or alternative dispute resolution
If the agency agrees, you can both refer the concern or complaint to mediation, or another form of dispute resolution. This is faster and cheaper than going to court. Each party usually funds their own costs and shares any mediator costs.
Escalating to an authority or legal action
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. Before taking steps like these, you should have already tried to resolve the problem, in good faith, directly with the agency.
Investigation by the Auditor-General
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
Investigation by the Ombudsman
You can report your concern or complaint to the Ombudsman, who can investigate complaints and make recommendations to the agency to resolve your problem.
Investigation by the Public Services Commission
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
Taking legal action
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.