VENDOR GRIEVANCE PROCESS
Overview
Novation’s Vendor Grievance Process provides a mechanism by which potential vendors can appeal contract award decisions if they believe the contracting process was not conducted in a fair, open and competitive manner in accordance with Novation’s policies. Under this procedure, vendors can request an independent review of the process by Novation personnel outside of the contracting group.
This policy is guided by:
- Novation’s Standards of Business Conduct
- American Bar Association Model Procurement Code
- Novation’s New and Innovative Technology Policy
The aggrieved party must reasonably cooperate with the Grievance Response Team during its evaluation of the grievance, including without limitation following all timelines and responding to requests for information in a timely fashion.
The Vendor Grievance Process will result in one of the following outcomes:
- Sustain the original bid or new technology decision.
- Bid or re-bid the product or product category.
- Award a contract to the aggrieved party.
Unless otherwise approved by the Compliance & Audit Committee of the Novation Board of Directors, the recommendation of the relevant member council or task force shall determine the outcome of the Vendor Grievance Process.
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Types of Grievances
- Pre-award grievance — occurs when a supplier has been informed prior to contract award announcement that it will not receive an award (e.g., the supplier failed to meet minimum bid requirements)
- Post-award grievance — occurs when a supplier is informed concurrently with or after the award announcement
- Grievances outside the regular contracting process/cycle, such as claims of New/Innovative Technology or requests to add a new product category
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How to File a Grievance
The preferred method for submitting vendor grievances is through the Novation Compliance Hotline or Web site. An aggrieved party may call the hotline at (877) 220-1615 or may submit a grievance via the Web at www.EthicsPoint.com The Compliance Hotline is managed for Novation by EthicsPoint, an independent third party.
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Timelines
Pre-award grievances must be submitted within 14 calendar days after the aggrieved party knows (or should have known) of the facts giving rise to the grievance.
Post-award grievances must be submitted within 30 calendar days after the announcement of the final award(s).
The aggrieved party shall be contacted in writing (including via e-mail) within seven business days after receipt of the grievance with the following information:
- an overview of the grievance process
- a request for additional information (if applicable)
- an initial timeline for review and resolution of the grievance
A formal written response shall be provided to the aggrieved party within 90 days of receipt of the original grievance indicating disposition of the matter, unless such time period is extended in order to obtain feedback from outside experts.
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Grievance Response Team
The Grievance Response Team shall be led by the Senior Director of Compliance or his/her designee, with assistance from the Compliance Department, Legal Department and other individuals deemed necessary or appropriate. In the event a designee is appointed, this person shall be the “Team Leader” of the Grievance Response Team and shall be responsible for managing the process related to the grievance investigation.
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Council or Task Force Involvement
All grievances should be submitted to the relevant member council or task force for review. On behalf of the Grievance Response Team, the Team Leader shall submit a written report, recommendation and any appropriate backup information to the council or task force. The relevant member council or task force shall fairly and objectively examine all information and documentation presented and provide a recommendation regarding the grievance based on such review.
The council or task force may also request outside expert involvement. In such event, the aggrieved party will be notified and a new time line for resolution will be established.
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Disqualifying Factors of a Grievance
The factors listed below could result in a grievance being dismissed:
- Failure to submit an IFB/RFP by the deadline specified in the IFB/RFP instructions, or other failures to satisfy procedural or minimum requirements, do not qualify as a grievance and are not subject to review.
- Failure of an aggrieved party to meet established time lines for filing a grievance (as set forth above) will result in a dismissal of the grievance.
- Any grievance related to New/Innovative Technology outside of the contracting cycle will not be considered if the product was marketed at the time of the bid and the vendor failed to respond to the IFB/RFP for the product.
- Failure of an aggrieved party to cooperate with the Team Leader during the investigation of the grievance, including without limitation the failure to provide requested information in a timely manner, may result in a dismissal of the grievance.
Novation provides this information about health care technology only as a service to VHA and UHC members, product vendors and other interested parties. The posting of such information on this Web site does not constitute any endorsement of the products described here. Individual health care organizations must determine whether these products are appropriate for use in their facilities.
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