Scope and Remit of OGC's Supplier Feedback Service

Acceptance criteria for feedback

• Does it concern poor procurement practice highlighting a potential conflict with OGC guidance?  
• Does it concern a particularly large/complex project, a key area of government policy/spend or a large percentage of a particular market?  
• Does it form part of a series of enquiries/issues that have been raised about a particular contract, project or government department sufficient for OGC to investigate further? 
• Does it represent endemic poor practice?

What outcomes can you expect to achieve?

• We will seek to provide a reasoned response to the enquirer in respect of matters relating to Central Government. In relation to wider public sector matters, we will facilitate the provision of a reasoned response by the designated lead authority.   
• OGC may issue guidance to the contracting authority on how to remedy the specific problem for Central Government issues - and may work with the lead authority to do the same for wider public sector issues. 
• OGC may issue a set of non-binding recommendations to help the Central Government body avoid similar issues in the future. For the wider public sector, OGC might work with the lead authority to produce such recommendations for the contracting authority that is the focus of the feedback. 
• If we consider that the issues raised in a particular matter may have wider applicability to public purchasing practice, OGC may issue general guidance to public bodies (for example, through a Procurement Policy Note), or take other forms of action to help reduce the likelihood of similar issues arising in other authorities.  
• OGC may use learning from the function to feed into other areas of OGC activity to improve public procurement practice. 
• If it appears that there are shortcomings with a "live" procurement exercise, OGC may advise the contracting authority how to rectify those shortcomings.  For example, if the contract has yet to be awarded, OGC may recommend the contracting authority delay, restart or suspend a procurement exercise, if it appears it would be helpful to achieve understanding of, or resolve, the enquirer's concerns. However, OGC does not have the power to require a contracting authority to delay or suspend procurement, nor will OGC's role replace that of a contracting authority's own legal advisors.

OGC will not intervene:

• Where there is a dispute between a supplier and contracting authority and is already subject to formal proceedings (e.g. in the UK courts or European Infractions proceedings).  
• If we understand that the enquirer is contemplating legal action (where the enquirer starts legal proceedings whilst we is considering a case, we will suspend investigation until the legal action is concluded).  
• Where it is a prime/sub-contractor dispute.  
• Where the case relates to the 10-day mandatory standstill period - please refer to OGC's Award of Contracts: Guidance for suppliers.
• Where bodies with a statutory right to investigate the activities of certain public authorities - including their procurement functions - have been, or will be, involved. For example, the Audit Commission and District Auditors have certain powers to investigate the activities of local authorities and some other public authorities.  We will not review or pre-empt any findings of the Audit Commission or other body with statutory powers concerning public procurement.  

OGC cannot provide legal advice and is not a legal avenue to resolve complaints, or to obtain compensation.  Enquirers should not regard OGC's Supplier Feedback Service as a precursor to legal action, or a potential means to obtain redress of a type that would otherwise require legal action. We advise you to consult your own legal advisors to determine the most appropriate course of action.

Other Limitations of the function

• We cannot require or advise a contracting authority to award a contract, or refrain from awarding a contract, to a particular bidder.    
• We cannot form a view as to the extent of any financial or other loss suffered by a supplier, or comment on the accuracy of any statement made by the supplier as to a possible loss.   
• We do not have the resources to undertake a detailed "forensic" examination of the documents developed, or processes and activities undertaken, by a contracting authority, or by a supplier, during a procurement process.   Nor does it have any statutory powers to require contracting authorities to provide information or to answer queries.   
• When dealing with matters concerning a wider public sector contracting authority, we will normally liaise with the designated lead authority with relevant oversight of that particular sector, which will in turn engage with the relevant contracting authority to provide a reasoned response.  We cannot require further examination of the response or seek revision or clarification, if the lead authority is satisfied with the final reply.

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 BIS website

Feedback Form

Once satisfied that the Supplier Feedback Service is appropriate to your requirements, please complete and submit the attached: Feedback form.