September 24, 2018
Additional Provisions of Public Procurement Act Now in Effect
Additional provisions of the Public Procurement Act relating to supplier components for open calls for bids come into effect today (Monday, September 24). These provisions encompass sections 12 and 13 of the act and sections 24 to 27 of the regulations, and deal with supplier debriefing; supplier complaint process; supplier performance; and appeals to the Chief Procurement Officer. An explanation of each section is available in the backgrounder below.
The Provincial Government introduced new procurement legislation in November 2016, in an effort to modernize the purchasing process and give public bodies more flexibility in choosing the best procurement method to achieve the best value. The new framework also increases transparency and allows public bodies more opportunity to hold suppliers accountable for their performance.
The new procurement legislation is an example of how the Provincial Government is listening and responding to the needs of business, industry and communities in the province. Local suppliers now have increased opportunities to bid on government services, and local companies can now play a larger role in the growth and development of all regions of the province.
The implementation of the new Public Procurement Act delivers on commitments in The Way Forward to strengthen the province’s economic foundation and deliver better services and better outcomes for residents. The Way Forward outlines all actions the Provincial Government is taking to achieve a strong, diversified province with a high standard of living, and can be viewed at thewayforward.gov.nl.ca.Quote
“With these provisions taking effect today, our new Public Procurement Act is almost fully enacted. Our government is very proud of this progressive piece of legislation which will benefit many companies throughout Newfoundland and Labrador, and also increase transparency for everyone involved in the procurement process.”
Honourable Sherry Gambin-Walsh
Minister Responsible for the Public Procurement Agency
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Sections 12 and 13 of the Public Procurement Act and Sections 24-27 of the Regulations
Supplier Debriefing and Complaint
Section 12 of the Public Procurement Act states that an unsuccessful bidder may request a meeting with the public body that issued the open call for bids to obtain information concerning the reasons his or her bid was not successful and the public body shall comply with the request. This section also states that a supplier may register a complaint regarding a procurement process in which they participated.
Section 13 of the Public Procurement Act states that a supplier must comply with the framework respecting supplier performance.
Section 24 of the Regulations establishes provisions for an unsuccessful supplier to request a debriefing from the public body, and the public body must comply with this request within 10 business days. The new provision now requires public bodies to provide the debrief while, previously, it was voluntary.
Supplier Complaint Process
Section 25 of the Regulations establishes provisions for a supplier – following a debriefing process – to formally register a complaint with the head of the public body responsible for the procurement within 15 business days of the debriefing. The head of the public body is required to review and respond to the complaint within 15 business days.
Section 26 of the Regulations establishes provisions for a public body to suspend a supplier from bidding on future procurement opportunities with that public body if the head of the public body determines that the supplier’s performance has been noncompliant (relative to current contract) or substandard over several contracts.
Appeal to Chief Procurement Officer
Section 27 of the Regulations allows a suspended supplier to appeal the suspension to the Chief Procurement Officer (CPO). The CPO must review and respond to the appeal within 30 business days and, following the review, may confirm, vary or cancel the suspension.
2018 09 24 12:05 p.m.