Procurement complaints procedure

Introduction

Registers of Scotland (RoS) is committed to the principles of fairness and transparency and applies the highest standards of honesty, integrity, impartiality and objectivity in all its procurement activity.

RoS does not operate devolved purchasing and the procurement function undertakes all purchasing and tendering on behalf of RoS.

We have developed our procurement complaints procedure to ensure that any supplier, bidder or stakeholder who wishes to raise complaints, concerns or issues relating to our procurement and contracting activity can be confident that the matter will be dealt with by the correct person and in a timeous and appropriate manner.

Complaints can fall into different categories and will be addressed in different ways.

Procurement process

If you have a complaint or concern regarding a procurement process managed by a member of the RoS procurement function please follow the following steps:

Stage 1

Relay your concerns to the RoS procurement officer leading the procurement exercise as soon as possible. If the concerns or complaint relates to the officer leading the exercise then the matter should be raised with the Head of Procurement.

The complaint should include:

• your details, company name, contact details etc;
• unique reference or title of the procurement exercise;
• name of the RoS procurement officer leading the exercise;
• details of the complaint or issue.

If the procurement officer who is leading the exercise cannot resolve the issue it will be referred to the Head of Procurement as a formal complaint. A copy of all formal complaints will be logged in the complaints log and an acknowledgement sent by the Head of Procurement within three working days of receipt. The Head of Procurement will respond to the formal complaint in writing within 10 days of receipt and will:

• provide details of the initial investigation;
• indicate how RoS proposes to deal with the issue;
• if no further investigation is to take place, explain why;
• if appropriate, provide an estimate of how long it will take to provide a final response.

Stage 2

If the Head of Procurement is unable to resolve the issue or you are unhappy with the outcome of Stage 1, you may request for the matter to be referred to the Accountable Officer. The Accountable Officer will respond in the same timeframe and on the same basis as the Head of Procurement.

Stage 3

If the issue is still not resolved you can take the complaint to Scottish Government’s Single Point of Enquiry. The Single Point of Enquiry is an independent, impartial and confidential service for suppliers to the public sector in Scotland. They offer advice on the procurement rules which must be followed by public bodies in Scotland and provide information on how contracts are advertised and awarded. If you have concerns about a specific tender exercise, they can work with you and the buying organisation to try to resolve your concerns. They do not have formal powers to investigate suppliers' concerns or change decisions made by buying organisations.

Note: If the complaint relates to a procurement that was conducted under the EU Procurement Directives then The Public Contracts (Scotland) Regulations 2015 will apply. These set out the process and timescales for commencing a legal challenge.

Bribery and Fraud

To make a complaint relating to fraud or corruption by a member of RoS staff, supplier personnel or any other interested party, members of the public (including suppliers, bidders or other parties) should send their complaint to the Head of Procurement or the Accountable Officer. Contractor staff and RoS employees should follow the guidance set out in their respective Whistleblowing Policy documents.

Contractual disputes

Contractual disputes will be handled in accordance with the agreed terms and conditions of the contract.

Other

Other complaints relating to RoS procurement or contracting activity, but not covered by the above procedures, should be sent to the Head of Procurement and Estates.

Contact details
Euan McGalliard, Head of Procurement and Estates
Tel. - 0131 479 3652 / Email - euan.mcgalliard@ros.gov.uk