NOVATION 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.
In addition, if, following completion of Novation’s Vendor Grievance Process, the supplier is still dissatisfied with the outcome, the supplier may submit its grievance for review pursuant to the HGPII Independent Evaluation Process.
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 Novation 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.
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Types of Novation 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 with Novation
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 for Novation Grievances
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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Novation Grievance Response Team
The Grievance Response Team shall be led by the Ethics and Compliance Officer 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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Disqualifying Factors of a Novation 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.
HGPII Independent Evaluation
The Healthcare Group Purchasing Industry Initiative has established a process by which a supplier can obtain an independent third-party review of contract award decisions. As a founding member of HGPII, Novation actively supports this process and encourages suppliers who have concerns regarding an award to take advantage of this process.
A vendor must have first submitted its grievance to and completed the Novation Vendor Grievance Process before a matter can be submitted for HGPII Independent Evaluation. Details regarding this process can be viewed on HGPII’s website.
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Novation provides this information about health care technology only as a service to VHA, UHC and Provista members; product vendors; and other interested parties. The posting of such information on this website 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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