Request Review by PGO of Your Formal Vendor Complaint
Request a review by the Procurement Governance Office (PGO) of the ministry’s response to your formal vendor complaint if you are not satisfied.
If your formal complaint about the procurement process hasn’t been resolved to your satisfaction by the applicable ministry, you can next request a further review by the Procurement Governance Office.
Similar to the ministry’s review of your formal complaint, the purpose of the additional review by the PGO is to help the Province continuously improve its policies and procedures.
Reviews by the PGO are limited to the policy specific to the formal Vendor Complaint Review Process. For example, a complaint can be specific to the process used to award a contract (e.g. how the evaluation criteria were applied to your submission), but not to individual scores (e.g.your submission scored 60% in a certain section, but you feel you provided a superior response that should have scored 80%).
No compensation will be awarded to you as a result of the PGO review.
Review by the Procurement Governance Office
You can request a review of your complaint by the Procurement Governance Office any time during the competitive process or within 30 business days after you receive notification from the ministry about the final outcome of your formal complaint. However, most complaints escalated to the PGO have first been addressed by the applicable ministry.
To conduct a review, you must provide 1) what was being purchased through the solicitation or direct award, and 2) a statement that you responded to the solicitation or would have if you had the chance to compete on it and therefore your business interests were affected.
To request a review by the Procurement Governance Office, you can use the Vendor Complaint Review Process Form or another format that includes:
- Your name, title, company name, address, email address, fax and telephone number
- Your signature, except when your complaint is submitted by email, in which case the email serves as your signature
- The applicable competition, Notice of Intent, or contract number
- A description of what was being purchased
- A statement that you either participated in the solicitation or would have done so and your business interests were affected
- A detailed description of your complaint, and the background leading to your complaint, including relevant dates and actions of involved parties
- Copies of relevant documents, including the original complaint you previously submitted
- The name of the ministry representative who originally reviewed your complaint
- The results of discussions or correspondence within the ministry’s vendor complaint review process
- Actions or remedies you’re requesting from the Province
- A statement from you that no other review process is currently underway for your complaint, such as legal action or an ombudsperson review
Submit your written request for review by email, fax or mail to the Procurement Governance Office.
How the Procurement Governance Office Reviews Your Complaint
Within 15 working days of receiving your request for a review, the Procurement Governance Office gathers the appropriate competition or direct award documents and other relevant correspondence and information related to the ministry’s complaint review. They may also informally meet with you and the ministry, if necessary.
Within 30 working days of receiving your request for a review, the Procurement Governance Office will provide you a written report about the outcome of your complaint and the reasons for the outcome. In some circumstances, this 30-day time requirement may be extended. If this happens, you’ll be advised in writing of the reason for the delay and when you may expect a response.
If your complaint has merit, the response will include what the Province intends to do to help avoid a similar situation from occurring in the future.
If your complaint is dismissed, the reasons why may include any of the following, noting that this is not an exhaustive list:
- You don’t have sufficient interest in the subject matter of the complaint (e.g. you are not currently in the business of providing the applicable goods, services or construction);
- Your complaint is about the deliverables, performance or government conduct for a contract between you and the Province;
- Your complaint isn’t sufficiently supported by your documentation; and/or
- At the same time as your complaint is received, you’ve:
- initiated legal action
- submitted a complaint to the Ombudsperson
- engaged in another review process relating to the complaint, such as a review by the Representative for Children and Youth, BC Farm Industry Review Board, Environmental Appeal Board, etc.