The National Union of Teachers said it was unhappy with the narrow focus of Lord Sutherland's inquiry.
Lord Sutherland's report says the procurement process by which ETS was given the Sats contract had been sound.
Kathleen Tattersall, chair of Ofqual, has appointed Lord Sutherland to lead the investigation into what went wrong and she promises a "fair, thorough and transparent inquiry".
"I will report rigorously on the failure to deliver the results this year and make recommendations to ensure that this situation does not happen again, " says Lord Sutherland.
The committee's report said it was "regrettable" that ETS, the American company behind the doomed test delivery, withdrew from the UK and "chose not to engage" with Lord Sutherland's inquiry into the fiasco.
Lord Sutherland - formerly Stewart Sutherland - is a former chief inspector of schools and is currently provost at Gresham College in the City of London and president of the Royal Society of Edinburgh.
There will be separate reports from Lord Sutherland - to Ofqual on the failure to deliver results on time and to Schools Secretary Ed Balls on the role of the National Assessment Agency and the Qualifications and Curriculum Authority.
Lord Sutherland was formerly the head of Universities Scotland and has called in the past for the reintroduction of tuition fees, with some of the money going towards scholarships to pay for students from poor backgrounds who cannot afford fees and living costs.
Lord Burns ordered that Sutherland be placed on the sex offenders' register and put on supervision for a further three years after his release.
The judge, Lord Uist, deferred sentence on Archibald and Sutherland until next month for the preparation of background reports.
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