Outcomes - Selected Case Summaries
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Concerns about HSA tendering process
Investigation | 16 June 2023
Health Services Authority (HSA)
The complainant alleged that their medical practice was not considered fairly during a tendering process conducted by the Health Services Authority (HSA). The Ombudsman did not support the complaint, however, she did make recommendations regarding the process used by the HSA in any future concessions agreements it might seek to make.
This complaint was also somewhat new territory for the Ombudsman, as our office had not previously reviewed a government tendering process. We received legal advice prior to opening an investigation that this complaint was a matter our office could review as the complainant challenged the administrative process used, and not the award of the contract itself.
Prior to investigating the complaint, an informal resolution process was attempted with the HSA and a response was provided in writing. However, the complainant stated they were not satisfied with this response and the Ombudsman agreed to proceed with the investigation. The matters investigated were:
- Allegations of delayed response to the complainant’s interest in the HSA tender
- Allegations of unfair administrative process in the procurement
Following the completion of the investigation, the Ombudsman did not support the complaint. Notwithstanding this, the Ombudsman did make two recommendations regarding the operations of the HSA tendering process in the future.
Recommendations were made as follows:
- With assistance from the Ministry of Health & Wellness and the Central Procurement Office, the HSA should develop a policy for concession agreements and submit a copy to the OMB within 90 days of the date of this letter.
- The investigation demonstrated the desirability of having wider public notice of Request for Proposals (RfPs), beyond the Bonfire platform, when an award is substantial and long-lasting, as in this case. The Ministry of Health and Wellness should raise this with the Central Procurement Office for guidance and recommend legislative amendments if it is deemed necessary
All recommendations were followed to the satisfaction of the Ombudsman as of 25 August 2023 and the matter was closed.