Guidance notes for completion

It will greatly help OGC to handle your case if you are concise and ensure that your concerns are logically set out. If you wish to send any supporting documents, you should indicate clearly how they support the particulars of the request for review. You should forward these to the OGC Service Desk quoting the reference number, which is provided after submission of the form.  

As part of OGC's acceptance criteria, you will be asked to confirm whether:

• You have already pursued your enquiry with the contracting authority concerned* and the current status of that enquiry. 
• You have initiated, or are contemplating taking (or are aware of) formal proceedings against the contracting authority in relation to this or a related matter (e.g. in the UK courts, or by writing to the European Commission). 
• It is a prime/sub-contractor dispute - such matters fall outside of the scope of this service. 
• The request for review relates to Central Government and the MOD or the wider public sector (which includes Local Authorities, the NHS, and Education establishments). 
• Your desired outcome.

Please note that OGC cannot provide legal advice and is not a legal avenue to resolve complaints, or to obtain compensation. We advise you to consult your own legal advisors to determine the most appropriate course of action.

How your feedback will be handled

OGC will acknowledge receipt of your form and you will receive a reference number.  OGC will review the information provided to ensure that it meets one or more of the acceptance criteria for matters requiring further action. We may contact you for further clarification if required.

For feedback related to Central Government and the MOD

1. OGC will inform you whether we will be taking forward your concerns, and if not, the reason for this. Please note that depending on the number of cases under consideration at a given time, there may be occasions when resources available to OGC require us to prioritise enquiries.  If OGC is unable to pursue your matter, or has to postpone involvement, we will notify you and provide an explanation as to why. 

2. If your feedback meets acceptance criteria, we will confirm this in writing. We will then pursue the matter with the relevant central government department and this will usually include providing a copy of your completed feedback form, including your name and contact details to the contracting authority.

3. OGC aims to provide a reasoned response within three months of receipt of the feedback, stating the outcome of investigations and any remedial action that we will undertake, or that we have recommended.

4. OGC will contact you to assess whether the outcome provided by OGC is satisfactory. OGC may remain on hand if you should require further clarification of the response, or if you believe that some of your concerns have not been addressed.

5. OGC will formally "close" a matter two months after sending you our considered response.

For feedback related to the wider public sector

1. OGC will contact the designated lead authority for the contracting authority concerned and ask that they consider the feedback you have provided.  OGC will inform you of their decision in writing. If accepted, the lead authority will then liaise directly with the contracting authority to investigate the matter. The lead authority will appraise you of ongoing progress. OGC will ensure that it keeps both you and the designated lead authority informed of any correspondence which it has regarding the substantive issues, or handling, of the complaint.

2. OGC will maintain oversight of the investigation and work to assist the lead authority in providing a response to you, aimed at addressing your concerns, by advising on any procurement policy issues raised by you and by providing input into any proposed resolution.

3. OGC will aim to ensure that the designated lead body sends a reasoned response to you within four months of receipt of feedback. OGC will contact you to assess whether the outcome provided by the lead authority is satisfactory.  OGC may remain on hand if you should require further clarification of the response, or if you believe that some of your concerns have not been addressed. In these cases, OGC will endeavour to pursue the matter further with the lead authority. However, please note, OGC cannot require further examination of the response or seek revision or clarification, if the lead authority is satisfied with the final reply.

4. OGC will normally "close" a matter two months after the provision of a reasoned response.

5. Please confirm your consent to disclose the details you have provided to the contracting authority (and the relevant lead body where your complaint relates to the wider public sector). Please note that OGC might not be able to take up your complaint if you are unable to give your consent.

Disclosure pursuant to the Freedom of Information Act 2000

1. In accordance with the obligations and duties placed upon public authorities by the Freedom of Information Act 2000 (the 'FoIA'), all information submitted to OGC may be disclosed by OGC in response to a request made pursuant to the FoIA.

2. In respect of any information submitted by an enquirer that it considers to be commercially sensitive the enquirer should:
A. Clearly identify such information as commercially sensitive;
B. Explain the potential implications of disclosure of such information; and
C. Provide an estimate of the period of time during which the enquirer   believes that such information will remain commercially sensitive.

3.  Where information is identified as commercially sensitive by an enquirer, OGC will endeavour to maintain confidentiality.  Enquirers should note, however, that, even where information is identified as commercially sensitive, OGC might be required to disclose such information in accordance with the FoIA. Accordingly, OGC cannot guarantee that any information provided by an enquirer will not be disclosed even where it is marked as "confidential".

* There may be some scenarios where concerned individuals are uncomfortable raising issues with the contracting authority directly.  OGC occasionally receives such concerns from individuals  and, where these warrant further investigation, we will pursue this with the department concerned.

There is also specific legislation in relation to whistleblowing, which is designed to protect members of staff from harm. If you are considering such action you should first refer to your internal procedures for whistleblowing or, alternatively, you can contact Public Concern at Work for free, impartial advice.   A guide to whistleblowing can be found on the BERR website