Folder Competition Disputes or Queries
To contact the CCG to further discuss any matter relating to Herefordshire CCG procurement opportunities, please contact:
Mr Mike Emery
Director of Corporate Development
Herefordshire Clinical Commissioning Group
St Owen's Chambers
22 St Owen Street
Or alternatively, please use the form on the Contact Us page of this website to submit your query/comments.
The CCG will endeavour to comply, and to be able to demonstrate compliance, with the regulations and with best practice procurement principles for all procurement processes. The CCG will for each procurement process, keep documentary evidence that shows:
- How the contract award complies with commissioners’ duties regarding effectiveness, efficiency, improvement of quality, and promotion of integration; and
- How any conflicts of interest between the commissioner of the service and the interests in providing them were managed.
The consequences of not following best practice procurement processes and principles are that aggrieved contractors may:
- Initiate a local dispute resolution procedure via the CCG’s procurement complaints process
- Initiate a complaint to Monitor
- Bring actions in the UK courts under the Public Contracts Regulations for damages and/or for the award decision to be set aside
- Bring wasted cost claims
- Seek judicial review
- Bring the breach to the attention of the European Commission by lodging a complaint which could lead to an investigation and formal legal proceedings in the European Court of Justice.
Complaints can be made at any point during procurement, including after the contract award.
The CCG will endeavour to resolve all complaints and disputes locally.
In summary, complainants should in the first instance address their complaint in writing to the Head of Commercial Development and to the Chair of the CCG’s Audit Committee for consideration and investigation.
They will jointly investigate the complaint with reference to the documentation available for the procurement in question and, if required, interview relevant members of CCG staff, of the procurement team, and of the evaluation panel(s). They will then respond to the complainant and, if the complaint is considered to be upheld, attempt to remedy the complaint through dialogue with the complainant.
If a complaint is upheld but cannot be resolved locally then it will be escalated to NHS England as the sector regulator.