|
Overview
Links
to Ministry VCRPs
Procurement
Governance Office VCRP
VCRP
Flowchart
VCRP
Form
VCRP
Policy
Overview
The vendor community in
BC identified a need for a process to deal with issues arising from government
procurement processes. This need was confirmed in feedback to the Procurement
Reform Framework and the Premier's Technology Council.
The Procurement Governance
Office developed a vendor complaint review process (VCRP) in consultation with
Common Business Services (CBS) and with ministries.
The VCRP is intended to
provide access to a consistent, fair and timely process to deal with vendor
complaints concerning the government's procurement process, and to identify
ways to make improvements in that process.
Ministries and CBS are responsible
for undertaking procurement processes, and are therefore also primarily responsible
under the VCRP for reviewing complaints about their procurement processes. The
ministry and CBS complaint review processes are consistent with the VCRP framework,
but contain modifications specific to their structure and operations.
The PGO, as a governance
body independent of the procuring entities, provides overall management of the
VCRP and reviews complaints not satisfactorily concluded by ministries and CBS.
The VCRP is limited to issues
of procurement policy and procedures for direct government. It is not intended
to limit access to other complaint review processes. No compensation will be
awarded to a complainant under the VCRP.
Links to Ministry
VCRPs
Aboriginal
Relations and Reconciliation
Advanced
Education
Agriculture
and Lands
Attorney
General
Children
and Family Development
Community
Services
Economic
Development
Education
Employment
and Income Assistance
Energy,
Mines and Petroleum Resources
Environment
Finance
Forests
and Range
Health
Labour and Citizens' Services
Office of the Premier
Public
Safety and Solicitor General
Small
Business and Revenue
Tourism,
Sport and the Arts
Transportation
Procurement
Governance Office VCRP
Procedures for the PGO
Vendor Complaint Review Process
The PGO Vendor Complaint
Review Process deals with complaints that have not been satisfactorily concluded
by the ministry or CBS. The PGO may, only in exceptional circumstances, consider
a complaint that has not been submitted to the ministry/CBS process.
1. Registering a Complaint
| 1.1 |
A complaint
must be submitted in writing to the Chief Procurement Officer, PGO by
mail, facsimile, or email at the following address: |
| |
Chief Procurement
Officer
Procurement Governance Office
Office of the Comptroller General
Ministry of Finance
P.O. Box 9413 Stn Prov Govt
Victoria BC V8W 9V1
Facsimile: 250 356 6164
Email: ProcurementGovernance@gov.bc.ca |
| 1.2 |
Complaints
concerning a competitive process or a pending or awarded contract may
be submitted by a complainant to the PGO at any time during the competitive
process, and up to thirty (30) business days after they have received
notification from the ministry/CBS of the final outcome of their complaint
review process. |
2. Complaint Format and
Information Requirements
| The complaint
must include: |
- name, title,
company name, address, e-mail address, fax and telephone numbers of
the complainant.
- the signature
of the complainant. Where an email complaint has been received, it
will be deemed to have been signed by the originator of the email.
- competition or
contract number.
- a detailed description
of the complaint, the background leading to the complaint, including
relevant dates, and actions of involved parties.
- copies of relevant
documents, including the Vendor Complaint Review Form submitted under
the ministry/CBS process.
- the name of the
ministry or CBS representative contacted to review the complaint originally,
and the results of the discussions or correspondence within the procuring
entity's vendor complaint review process.
- request for a
review of the complaint.
- actions/remedies
being requested of the Province.
- information establishing
that the person submitting the complaint is a valid complainant as
per the definition (section
6.2.1).
- a statement that
no other review process is currently underway for the complaint.
|
3. Processing the Complaint
| 3.1 |
Within
fifteen (15) working days of receiving a complaint, the PGO will gather
the appropriate competition documents, other correspondence and information
related to the ministry/CBS complaint review process. The PGO may also
informally meet with the ministry/CBS and/or the complainant if the PGO
considers it necessary. |
| 3.2 |
The PGO will consider
the merits of the complaint and may, at its discretion, dismiss a complaint
on the grounds that:
- the complainant
does not have sufficient interest in the subject matter of the complaint;
- the complaint
is not substantiated; or
- at the same time
as the complaint is received, the complainant has initiated legal
action, or has submitted a complaint to the Ombudsman, or has engaged
in another review process pertaining to the complaint.
|
| 3.3 |
Where
the PGO dismisses a complaint, the Chief Procurement Officer will inform
the complainant and the ministry/CBS against which the complaint was registered
and will state the reasons for refusing to undertake a review. A record
of the dismissal of the complaint will be retained by the PGO. |
| 3.4 |
The PGO will consider
all the circumstances relevant to the complaint including:
- the seriousness
of any deficiency found in the procurement process; and
- whether the parties
acted in good faith.
|
| 3.5 |
If
the complaint has been determined to have merit, possible outcomes include,
but are not limited to:
- PGO to recommend
to the ministry or CBS to acknowledge the validity of the complaint
and to undertake a renewed commitment to policy and procedure;
- PGO to initiate
enhanced training for procurement staff;
- PGO to recommend
to the ministry or CBS to review the ministry or an individual's expense
authority (i.e. authority to undertake procurement activity) and adjust
as necessary;
- PGO to initiate
enhanced communication/interpretation of procurement policy;
- PGO to recommend
change in ministry or CBS procurement procedure;
- PGO to initiate
a review, clarification or change of government procurement policy;
or
- PGO to recommend
cancellation/amendment of the competition where a serious flaw has
been identified.
|
| 3.6 |
Within
fifteen (15) working days of determining the facts (as in 3.1 above),
the PGO will, after analysing the information, prepare a report and recommendations
regarding outcomes. |
| 3.7 |
The PGO can extend
the 30-day time requirements for review and final determination of the
outcome when, in its judgement, circumstances require it. Where this
occurs, the complainant will be advised, in writing, of the reason for
the delay and when they may expect a response. |
4.0 Replying to a Complaint
| 4.1 |
A
report on the vendor complaint, including the outcome and reasons for
the outcome, will be made in writing no later than thirty (30) working
days after receipt of the complaint by the PGO. |
| 4.2 |
Copies
of the report will be sent to the complainant, the senior official delegated
by the Deputy Minister of the ministry/CBS and/or the purchasing contact
in the ministry or CBS. |
| 4.3 |
Copies
of all replies will be available to Internal Audit and Advisory Services,
the Auditor General, or to other officials as authorized by the Freedom
of Information and Protection of Privacy Act or the Auditor General
Act. |
5.0 Records and Documentation
| 5.1 |
The
PGO shall ensure that complete documentation and records on each complaint
received by the PGO, including a record of all communications with complainants,
are maintained in order to allow later verification by participants, auditors
or senior officials to determine whether or not the procurement process
was carried out in accordance with government procurement policy and that
the complaint was submitted and handled in accordance with the VCRP. |
| 5.2 |
The records on each
complaint reviewed by the PGO shall contain a copy of the following:
- the complaint
identifying the complainant's name, address and the nature of the
complaint;
- the competition
documents, including the specifications or portions thereof relevant
to the complaint;
- any other documents
that are relevant to the complaint, including the bids received, if
judged appropriate;
- a statement setting
out the facts, actions and recommendations, and response to the allegations
of the complaint; and
- any additional
evidence or information that was necessary to review the complaint.
|
VCRP Flowchart
VCRP Form
VCRP Policy
We appreciate your feedback
as we continue to develop PGO's website.
If you have any comments or questions, please email
us.
|
