What you need to know
- Agencies are responsible for responding to and resolving complaints in the first instance
- Each agency is required to have a process it follows to assess a complaint. You will find this information on an agency’s website
- If a complaint cannot be resolved between a supplier and the agency, it can be escalated
- Complaints about alleged corrupt behaviour, misconduct and maladministration are to be reported to the appropriate authority
- If a dispute arises out of a contract, these are managed by the specific terms and conditions of that contract
Steps to complaint resolution
The appropriate handling of supplier complaints is vital to ensuring the integrity of government procurement processes.
Each agency is required to have a process it follows to respond to a complaint however in general, the steps required to be taken are:
While the government aims to provide a high standard in its procurement practice, we recognise that we don’t always get it right and that sometimes your experience may not be what you expected.
If you have been unsuccessful in a tender and have a concern, you should first ask for a debrief from the agency.
If you still have concerns about a particular procurement process, you will need to submit your complaint in writing complaint directly with the agency.
Complaints must be submitted in writing and should, at a minimum, specify the facts about the complaint. If an agency has specific information it needs for their complaint management process, you should provide that information promptly.
Once a formal complaint is made, it is investigated by a person not directly involved in the subject matter of the complaint.
The review is to be impartial and follow the agency's complaint management system. You will find this information on the agency’s website.
The agency should keep you up to date with the process and report their findings back to you including any any action(s) being taken, reasons, remedies or resolutions.
You have a responsibility to:
- invest time and effort in understanding government procurement processes
- consider whether an issue may be dealt with by providing feedback or seeking clarification from the agency contact person before making a formal complaint
- provide the complaint in writing
- submit the complaint to the agency’s nominated contact officer for procurement feedback/complaints
- provide timely and appropriate information and documentation to support any investigation
- endeavour to resolve the complaint directly with the agency before seeking independent investigation
- not issue any news releases or responses to media enquiries and questions regarding a procurement process without the agency’s written approval
If you can't find resolution with the agency, you are able to escalate to the Procurement Review Committee (PRC), via Procurement SA.
The PRC will gather findings and investigation material from the agency and appoint an independent officer to review the investigation process and its findings.
You will need to submit your complaint to procurement@sa.gov.au within 7 calendar days of advising the agency that you do not acceptance of the independent investigation findings.
If the complaint remains unresolved to your satisfaction, you can make a complaint with the Ombudsman SA
