PHSA is committed to a fair and transparent process for awarding BC health authority contracts. To support this commitment, PHSA Supply Chain provides for Debriefings in respect of public procurements and, has established a clear and formal Supplier Complaint Process that can be initiated by a supplier if they have objections regarding the management of a procurement or the award of any contract by Supply Chain.
Any supplier may request a debriefing meeting with the PHSA Supply Chain lead responsible for the procurement within ten business days of the receipt of award notification.
A supplier can use the Supplier Complaint Process to submit complaints about PHSA Supply Chain, including the management of a competitive procurement process, the award of a contract by PHSA Supply Chain or a contract awarded as a result of a competitive procurement posted by PHSA Supply Chain.
This process does not limit or impair the rights of any supplier to seek a review through other review processes or remedies of law through judicial or other processes.
1. Complaints about an ongoing competitive procurement
Complaints
may not be made under the Vendor Complaint Process in relation to an ongoing competitive procurement, unless the complaint concerns an alleged breach by PHSA Supply Chain of a federal or provincial trade agreement.
2. Complaints during performance of a contract
Complaints
may not be made under the Vendor Complaint Process in relation to vendor treatment, performance or conduct under a contract. Such complaints will be handled as set out in the contract or may be referred to the Supply Chain lead responsible for the contract.
3. Complaints initiated under separate legal action or other review process
Complaints
may not be made under the Vendor Complaint Process if the vendor has initiated legal action, or has submitted a complaint to The Office of the Ombudsperson – BC, or has engaged in another review process pertaining to the complaint.
The complaint review process, which provides for up to four stages, must be completed in chronological order and requested at each stage, in writing, as part of the escalation process. Note that this information provides a simplified overview of the process.
Stage 1– Formal complaint: A supplier may submit a complaint at any time during an ongoing procurement (for a complaint regarding an alleged breach by PHSA Supply Chain of a federal or provincial trade agreement) or within 30 days after the notice of award (for other complaints related to a posted competitive procurement or a contract award made by PHSA Supply Chain). Complaints against PHSA Supply Chain that are not related to a procurement may be submitted at any time. Complaints will be reviewed and responded to in writing within 15 business days.
Stage 2 – Additional review of formal complaint: Within 10 business days of receiving the written response from stage 1, the supplier submitting a complaint can request an additional review of the complaint, which will be reviewed and responded to in writing within 20 business days by a Provincial Director, PHSA Supply Chain.
Stage 3 – Further review of formal complaint: Within 10 business days of receiving the written response from stage 2, the supplier submitting the complaint can request a further review of the complaint, which will be reviewed and responded to in writing within 20 business days by the Chief Supply Chain Officer
Stage 4 – Final appeal: Within 10 business days of receiving the written response from stage 3, the supplier submitting a complaint may request a final appeal from a Supply Chain Operations Review Committee (an ad-hoc committee of three health authority executives), who will review the complaint and provide a written response within 20 to 80 business days. The decision of this committee is final in respect of any complaint submitted.
This process requires the submission of materials that you may consider proprietary. Please review the confidentiality section below and take the necessary action to protect your information.
- For complaints related to an alleged breach by PHSA Supply Chain of a federal or provincial trade agreement in connection with an ongoing competitive procurement, request the name and contact information of the PHSA Supply Chain lead responsible for the procurement. Submit the complaint to the PHSA Supply Chain lead responsible for the procurement.
- For all other complaints, submit the complaint to VendorLiaison.SupplyChain@phsa.ca.
Upon submitting a complaint, include all of the following information in its entirety by email or by mail:
- Full contact information of the supplier submitting the complaint.
- Clear and comprehensive summary of the complaint. All background information related to the complaint must be included.
- All relevant documents that substantiate the complaint, including documentation on actions taken and the outcomes, must be included.
- Clear statement of the outcome that the supplier is seeking.
- A date and an authorized signature of the person(s) submitting the complaint.
Please note, the Chief Supply Chain Officer may decide not to review a complaint which does not comply with the submission format or fall within the scope of the
Supplier Complaint Policy.
If PHSA Supply Chain decides to engage one or more independent third parties to assist with stage 4 of the process, Supply Chain will inform the supplier submitting a complaint in advance and provide an estimate of the expected costs of such third party or parties. In order to continue with stage 4, the supplier must agree in writing to be responsible for 50% of all such actual costs related to the engagement of any independent third party by PHSA Supply Chain, and must provide PHSA Supply Chain with a deposit in the amount of 50% of the estimated costs. The complaint process will be suspended until the deposit is received.
PHSA Supply Chain will provide the supplier with an accounting of the actual third party costs promptly after the conclusion of stage 4. If the actual costs:
- exceed the amount of the deposit, the supplier will pay PHSA Supply Chain the difference within 10 business days of receipt of the accounting; or
- are less than the amount of the deposit, PHSA Supply Chain will refund the difference to the supplier within 10 business days of delivery of the accounting.
PHSA is subject to the provisions of the Freedom of Information and Protection of Privacy Act (the Act). Proprietary information can be protected under the Act (Section 21), which deems disclosure harmful to business interests of a third party.
Please clearly mark any part of your documentation that you consider to fall under this protection with “Confidential.”
Please note that should there be a dispute regarding the protection of this information, the final decision is made by the British Columbia Information and Privacy Commissioner.
