1. Background
    1. 1.1. The Government Procurement (Judicial Review) Act 2018 (the Act) provides a mechanism for suppliers (defined to include potential suppliers and subcontractors) to have certain procurement complaints relating to Commonwealth Procurement Rules (CPRs) contraventions affecting the supplier’s interests resolved by agencies and, if the supplier is not satisfied with the proposed resolution, to have their complaint heard by the Federal Circuit Court and/or the Federal Court of Australia. The Act covers procurements for:
      • Goods and/or services at or above $80,000 (GST incl.)
      • Construction services at or above $7.5 million (GST incl.)
    2. 1.2. Suppliers are referred to the Department of Finance Resource Management Guide 422 that sets out the procedures for lodging complaints and under the Act that requires:
      1. NHMRC to formally investigate complaints that are made in accordance with the Act; and
      2. to suspend procurements during the investigation of a complaint under the Act, unless a public interest certificate is in place.
    3. 1.3. The Act also places obligations on suppliers/potential suppliers/potential sub-contractors of suppliers to take reasonable steps to resolve a complaint with the relevant Commonwealth entity before taking action in the Federal Court or Federal Circuit Court.
  2. Supplier Complaints Procedures
    1. 2.1. Complaints under the Act - what you need to specify in the complaint
      1. For a complaint to be covered by the Act, it must specify, as a minimum:
        1. the relevant covered procurement your complaint relates to;
        2. your reason for believing that NHMRC or a NHMRC official has engaged, is engaging or is proposing to engage, in conduct that is in contravention of the CPRs;
        3. details of the specific conduct at issue and the relevant CPRs; and
        4. how the conduct affects your interests. Refer to Item 6 (Complaints Information Requirements) for detailed information.
    2. 2.2. What will NHMRC do?
    3. NHMRC will:
      1. acknowledge receipt of the complaint within 2 business days via email; and
      2. if required, will contact you to obtain further information regarding the complaint.
    4. 2.3. Where you make a valid complaint under the Act and:
      1. you have been advised accordingly;
      2. and where NHMRC has not issued a public interest certificate for the relevant procurement; and
      3. when a contract has not yet been awarded,
    5. NHMRC will suspend the relevant procurement until:
      1. you withdraw the complaint;
      2. you are satisfied that the complaint is resolved; or
      3. the Federal Court or the Federal Circuit Court makes a decision on the complaint.
    6. 2.4. NHMRC will investigate valid complaints under the Act and once the investigation is completed, it will notify you of the outcome of the investigation.
  3. What if I do not consider my complaint to be resolved?
    1. 3.1. If you do not consider your complaint to be resolved, you may make an application to the Federal Court or the Federal Circuit Court. For further information, visit the Federal Court website or the Federal Circuit Court website.
  4. Complaints not subject to the Act
    1. 4.1. If you wish to make a more general complaint (i.e. regarding a matter not covered under the Act) about a procurement, you can send your complaint to the contact officer for the relevant procurement.
    2. 4.2. NHMRC will take appropriate steps to investigate and resolve complaints made outside of the Act.
    3. 4.3. Other avenues to raise complaints include the Australian Government Procurement Coordinator and the Commonwealth Ombudsman. For further information, visit the Department of Finance website or the Commonwealth Ombudsman website.
  5. Privacy Notice
    1. 5.1. Your personal information is protected by law, including under the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). If you have not provided all relevant personal information in this form, NHMRC may be unable to process the Complaint.
    2. 5.2. Your personal information is collected by NHMRC for the purposes of reviewing, investigating and resolving your complaint made under the Act. In addition, your personal information may be used for the purposes of responding to any legal proceedings instituted in the relevant Court pursuant to the Act.
    3. 5.3. NHMRC may disclose your personal information for pursuing those purposes outlined in paragraph 5.2 to third parties including other Commonwealth Agencies, external lawyers or the relevant Court. Your personal information may also be disclosed to other third parties where you have agreed, or as otherwise permitted or required under an Australian Law or court order.
    4. 5.4. If you have provided personal information of another person, you will need to confirm that you have obtained their consent to include their personal information in this form.
    5. 5.5. NHMRC’s Privacy Policy contains more information about the way in which it will manage your personal information, including information on accessing or correcting your information, and how to make a complaint where you believe there has been a breach of the relevant APPs.
  6. Complaints Information Requirements
a) General
b) Estimated GST inclusive contract value
$
c) Commonwealth Procurement Rules
d) Conduct
e) Reasons
f) Supplier Type
Supplier type
g) Interests
h) Attachments
Maximum 5 files.
2 MB limit.
Allowed types: pdf, docx.

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