A person who believes that a pre-qualified supplier is not compliant with these Conditions of Pre-Qualification or the eligibility criteria may lodge a complaint with the Lead Department.
A complaint must:
- be in writing; and
- contain and include all the information relied on to support the claims made in the complaint.
Address complaints to the Lead Department.
The Lead Department will notify the pre-qualified supplier of the complaint and its basis, and invite the pre-qualified supplier to respond.
The pre-qualified supplier has 14 days, or such other period as the Lead Department considers appropriate in the circumstances, to respond to the complaint.
In dealing with the complaint, the Lead Department may:
- inform itself in any way it sees fit;
- seek advice from Industrial Relations Victoria if the complaint alleges the pre-qualified supplier is not compliant with an eligibility criterion related to industrial relations;
- seek advice from the Victorian Building Authority, Cladding Safety Victoria or any agency interested in the rectification of combustible cladding if the complaint alleges the pre-qualified supplier is not compliant with an eligibility criterion related to the sub-category Cladding rectification.
If, on the information available, the Lead Department is satisfied that the pre-qualified supplier is not compliant with an eligibility criterion or a provision in the Conditions of Pre-Qualification, and in all relevant circumstances the non-compliance is not trivial, invite the pre-qualified supplier to show cause why a sanction should not be applied.
If, on the information available, the Lead Department is satisfied that the complaint has not been proven, take no further action.
If the pre-qualified supplier is invited to show cause, the invitation must:
- be in writing;
- specify the sanction or sanction range that is under consideration by the Lead Department;
- be accompanied by the information relied on by the Lead Department in relation to the specified sanction or sanction range; and
- give the pre-qualified supplier 14 days, or such other period as the Lead Department considers appropriate in the circumstances, to show cause.
A sanction may be:
- a warning, including that recurrence may lead to further sanctions;
- a refusal to pre-qualify the pre-qualified supplier on the Register, including for a specified period;
- suspension or cancellation of pre-qualification or re-classification, including for a specified period; and/or
- a recommendation to the Agency that engaged the pre-qualified supplier that it exercise a specified contractual right.
The Lead Department will not determine or apply a sanction before the show cause period has expired.
The Lead Department will notify the complainant and pre-qualified supplier of its decision in writing before any sanction is applied.
Help and support
Please contact the Construction Supplier Register if you have concerns with a supplier pre-qualified on the Construction Supplier Register.