When a department feels a vendor has not satisfactorily delivered the goods/services as requisitioned, the procedure listed below is followed:
- Departments must build a detailed file on each contract, documenting specific dates and occurrences. Records of conversations, copies of correspondence, deadline dates versus completion dates and other significant data that may provide the necessary supporting documentation for filing a complaint.
- The Procurement Specialist must make the initial contact with a contractor and this communication should occur as soon as a problem is realized.
- In the event that the Procurement Specilist and the contractor are unable to resolve the problem in a timely manner, the Procurement Specialist must register the complaint with the contractor in writing. A copy of the complaint must be forwarded to the Material Management Office or Information Technology Management Office, whichever is applicable. The desired corrective action must be stated in the letter.
- The contractor is required to respond to the complaint in writing within seven (7) days after receipt of the complaint. The response must be sent to both the Procurement Specialist and the Materials Management Office or Information Technology Management Office.
- If no response is received within the required time frame, the Procurement Specialist is to notify the Materials Management Office or Information Technology Maangement Office. Upon such notification, MMO or ITMO will issue cure letters or show cause letters to the contractor in an effort to resolve the controversy.
- If a mutually acceptable resolution between all parties cannot be achieved by MMO or ITMO, the aggrieved party can protest to the Chief Procurement Officer as defined in Section 11-35-4210 and Section 11-35-4210-30 of the South Carolina Consolidated Procurement Code.
- If the situation is not resolved by the Materials Management Office, the procedure as described in the Code, Section 11-35-4220, regarding vendor suspension and debarment is initiated by the Director of Procurement.
- Vendors may require a hearing with the Procurement Review Panel within ten (10) days of suspension or debarment. Code Section 11-35-4230(5) and 11-35-4410(6) apply.