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 place, 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 responding to any complaints received.44

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 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.

In circumstances where a tenderer is not satisfied with an entity's official response, it may be appropriate for an internal independent review to be conducted. Any such reviews should be undertaken promptly and by a person(s) who has experience with the entity's procurement processes.

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.

Tenderers have recourse to the Commonwealth Ombudsman who has extensive powers to investigate a range of administrative matters including procurement related complaints. The Ombudsman has the authority to make recommendations regarding the procurement process and related decisions, but cannot overturn an entity's decision or specifically direct an agency to do so. Contractors may also seek redress through the courts.

It is better practice, where a complaint is referred to an external body, that the entity concerned co-operate fully with any external review or action that may arise as a result of such a referral.

It is important for entities to respond in a timely and constructive manner to any complaints received.

The existence of a complaint should not prejudice a supplier's participation in future procurement activities.