National Procurement Commission
Improving Efficiency and Transparency in Public Procurement
Complaints
Have a procurement complaint?
Under s75 of the National Procurement Act, a person who is aggrieved by a decision of the Board or a public or statutory body in respect of a procurement, including the National Procurement Commission, may make a complaint to the APC Committee. All complaints are investigated free of charge.
If it is an active procurement, the complaint must be made within ten working days from the date the person first becomes aware or ought to have become aware of the matter which is the subject of the complaint.
How to make a complaint – the Administrative Review process?
STEP 1: If it is an active procurement, contact the procuring agency concerned and discuss the problem with the person named on the bidding documents. Initially, you should seek to have the problem resolved informally with the contact officer. Contact with the procuring agency is not a prerequisite prior to making a written complaint to the APC Committee.
STEP 2: If you are not satisfied with the response from the procuring entity or wish to make a complaint on any other public procurement matter direct with the APC Committee, you may do so in writing. You can make a complaint:
- Via this website
- emailing apccsecretariat@finance.gov.pg
- in writing to:
Department of Finance
ATTENTION: APC Committee Secretariat
Statutory Authority and Monitoring Branch
PO Box 710
Waigani, NCD, Port Moresby
When you make your complaint, please ensure that you provide as much relevant information as possible, such as:
(a) your name and contact details;
(b) tender registration number and details;
(c) the reason/nature of the complaint; and
(d) all relevant supporting information or documentation.
APC Committee will investigate the complaint in a timely manner, usually within 15 days, and has the power to suspend procurement pending an investigation. No contract can be executed until the APC Committee makes a final decision.
When to make a complaint?
A complaint can be lodged at any point in the procurement process and can include any matter, for example: the technical specifications, timeframes, Technical and Financial Evaluation Committee evaluation processes or the method of procurement.
If it is an active procurement, the complaint must be made within ten working days from the date the person first becomes aware or ought to have become aware of the matter which is the subject of the complaint. Where a contract has not been finalised and the investigation has concluded that the procurement legislation has not been followed, appropriate remedial action will be taken.
If you are still unhappy with the outcome
If you are not satisfied with the response from the APC Committee, you may wish to approach the Ombudsman or the Minister responsible for the procuring agency.
Please refer to the Ombudsman website www.ombudsman.gov.pg on their process for making complaints.
You will need to provide all relevant information, including copies of correspondence with the agency against which the complaint is being made and with the APC Committee.