The NSW Procurement Board’s responsibilities under the Public Works and Procurement Act 1912 include investigating and dealing with complaints about the procurement activities of government agencies.
Agencies have a responsibility to resolve complaints concerning their procurement actions at the appropriate agency level (usually commencing at the area undertaking the procurement), escalating as necessary and referring to external statutory bodies as appropriate.
Complaints unresolved at the end of this process can be referred to the Procurement Board. In these cases, copies of all correspondence with the agency concerned and all other relevant material need to be provided.
The Procurement Board will review the material and information supplied by the complainant and the agency before making any decision to investigate a complaint. Where the Board considers the agency has dealt with a complaint in an appropriate manner, it will decline to investigate separately.
If a complainant submits a complaint to the Board prior to complaining to the relevant agency, or where the agency is still considering the complaint, the Board will refer the complainant to the agency concerned.
Agencies which are considered not to have complied with the requirements will be required to take corrective action in relation to future procurement action. The Board may issue directions and policies regarding corrective action.
View the Guidelines for managing procurement complaints (DOCX, 18KB).