An important element of the Commonwealth Procurement Framework is the ability of tenderers to pursue complaints they may have about an entity's procurement processes.

Generally, where entities follow sound procurement practices there should be few or no complaints from tenderers and entities should be in a position to respond to any that are made in an open and transparent manner. It is better practice to have arrangements in place85, including the steps a tenderer is able to take if it wishes to lodge a complaint. These arrangements should detail to whom and where the complaint should be addressed, as well as the entity's procedures for lodging and responding to any complaints received.86

It is important for entities to respond in a timely and constructive manner to any complaints received, whether orally or in writing. In many instances, where oral complaints are handled in such a manner the tenderer will be satisfied with the response provided and will not lodge a written complaint. The entity's response to a complaint should clearly set out the nature of the complaint, outline in general terms the issues that have been raised and address them in specific rather than general terms. The entity's response should also advise the complainant of their options should they wish to pursue the complaint further.

The entity's response to a complaint should clearly set out the nature of the complaint, outline in general terms the issues that have been raised and address them in specific rather than general terms.

In circumstances where a tenderer is not satisfied with an entity's official response, an internal independent review should be conducted. Any such reviews should be undertaken promptly and by a person(s) who has experience with the entity's procurement processes. Following the decision, the tenderer should be provided with the outcome in writing, including a list of options if they are not satisfied with the outcome.

In the interest of fairness and open and effective competition, it is important that the existence of a complaint does not prejudice a supplier's participation in future procurement activities. Entities should be mindful that contractors may be hesitant to lodge complaints because of concerns about the impact this may have on future procurements.

In some cases tenderers may consider that the complaint has been pursued as far as possible with the acquiring entity but remain dissatisfied with the result. When this occurs they have redress to a number of external bodies.87

In circumstances where a tenderer is not satisfied with an entity's official response, an internal independent review should be conducted.